flocksafety.com
(866) 901-1781 | [email protected]
Quality Control
Describe the standards and methods used by the company to assure useful quality deliverables of this nature to the client.
Software Quality:
We utilize ISTQB recognized testing methods for data validation and product verification through all stages of the development life cycle, to ensure defect containment happens, and faults are identified as early in the process is possible. This is done through requirements verification and using Risk and Value based testing methods to identify and create right sized test verification suites using data validated expected results to respond confidently at all times as to the status of testing and release readiness of the test matter. With robust fault and defect reporting, as well as strong root cause analysis, this allows the development team to quickly address any found issues in the development cycle and address them before a production release.
In addition, we pair with the SRE and CX teams to closely monitor escaped defects or potential issue clusters through post-release health reporting tools and client reported issue statistics, and apply those findings to test mutation practices and expand coverage on any perceived gaps in test coverage, if any are found.
Sourcing Quality:
Flock Safety’s quality practices begin with how we source our components and choose which vendor and contract manufacturers to partner with. Our Global Sourcing team seeks out world-class suppliers that abide by global trade compliance and industry standards for electronic manufacturing.
Manufacturing Quality:
Our contract manufacturers (CMs) are experts in product manufacturing and follow industry standards for electronics, ensuring the highest quality product ships to our customers.
Material Incoming Quality Check (IQC):
Our CMs review material inbound from component suppliers pre-assembly to ensure goods arrive according to quality standards outlined by certifying bodies, datasheets, and drawings. Flock may require additional testing of incoming materials, which our CMs can conduct according to our needs. This process ensures no value is added to components that arrive in substandard condition.
Material Staging/Handling:
Inventory that passes IQC is managed in a First in, First out (FIFO) methodology where the oldest date codes are used first so that material stays in date. SMT component reels are checked and loaded onto carts and staged according to scheduled work orders for Pick and Place.
Solder Paste Inspection (SPI):
After solder paste is applied to PCBs, it is inspected using an SPI machine. The machine uses a vision system to examine the consistency and accuracy of the solder paste application according to a profile created by the manufacturer. This profile includes critical to quality (CTQ) items like height, volume, and area on paste deposits. An operator is present to monitor the output of SPI and check any flagged areas to ensure nothing is passed up the line that is at risk for failure.
flocksafety.com
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Describe how your firm will address concerns or deficiencies in quality control and deliverables and give a specific example.
Flock’s devices have an uptime of more than 98%, and any device health issues are handled by Flock at no additional cost to the customer. During installation, we conduct a series of validation tests with the on-site technician to ensure the device is capturing evidence, angled properly and in the proper location.
Though unlikely, some issues that can impact your device health are:
● Loss of connection (typically due to physical damage) ● Slipped angle
● Degraded image quality Low battery / uptime problems
Our team uses an automatic monitoring system that directly alerts us should an aforementioned issue occur. From there, an internal case will be opened for our device support team to review within 72 hours.
Oftentimes issues can be resolved remotely, but if not, we will schedule a Work Order for a technician to evaluate in person. Work Orders are typically completed within 9-30 days, depending on the issue.
Customer References
Each of the law enforcement agencies listed below are current Flock Safety customers and partners who have purchased and deployed our hardware and software throughout their respective areas with significant success. They have agreed to speak with prospective Flock Safety contracting entities to answer questions about their experience using Flock Safety to reduce and prevent crime.
References
Kevin Johnson
Captain
(714) 536-5918
[email protected]
Huntington Beach Police Department
Huntington Beach, CA
25 Flock cameras
Agency Point of Contact
Thomas O’Dell
Sergeant
(909) 395-2001
[email protected]
Ontario Police Department
Ontario, CA
100 Flock cameras
Daniel Cohen
Commander
(805) 928-3781 ext-1234
[email protected]
Santa Maria Police Department
Santa Maria, CA
132 Flock cameras
Alex Krikorian
Lieutenant
(818) 402-4520
[email protected]
Glendale Police Department
Glendale, CA
104 Flock cameras
Ken Reichle
Captain
(951) 955-2400
[email protected]
Riverside County Sheriff’s Office
Riverside, CA
538 Flock cameras
Bryan Wadkins
Captain
714.754.5280
[email protected]
Costa Mesa Police Department
Costa Mesa, CA
46 Flock cameras
flocksafety.com
(866) 901-1781 | [email protected]
A. CAMERA SYSTEM REQUIREMENTS
1. ALPR vendor shall have at least 5 (five) years of established experience specifically in the Automated License Plate Reader (ALPR) industry, providing ALPR services to law enforcement, local government and the private sector.
Flock Safety complies.
2. ALPR vendor must have an established law enforcement presence in the Southern California region including Los Angeles County, San Bernardino County, Riverside County and San Diego County with a greater presences specifically in Orange County
Flock Safety complies. Please refer to Customer References on page 16.
3. ALPR vendor system must be able to access/share ALPR data from the counties in the aforementioned Southern California Region and beyond.
Flock Safety complies. FVPD can request access to neighboring agencies to access their ALPR data as well as share FVPD ALPR data.
4. ALPR System shall have capability to be available to private interests i.e. HOAs, shopping complexes, etc. with access provided by FVPD.
Flock Safety complies.
5. A vendor’s leased ALPR fixed camera system must include all hardware, installation of all equipment, software, solar power system, wireless backhaul capability (cellular connection), data cloud storage and a lifetime warranty covering maintenance and all support.
Flock Safety complies. The proposal is a fully managed turnkey solution provided by Flock and installed by in-house Flock technicians.
6. ALPR vendor shall provide an all-inclusive ALPR solution, including installation, maintenance, and support of equipment.
Flock Safety complies. Products will be supplied, installed, and maintained by Flock personnel.
7. ALPR vendor’s alerts must be securely available to users via PC, iOS, and Android mobile device apps. ALPR vendor’s mobile apps must be able to capture license plate images via device camera and upload them into the vendor’s ALPR database for analysis.
Flock Safety complies.
8. ALPR vendor’s solution shall not charge per number of users. ALPR vendor's solution shall be capable of allowing an unlimited number of users to be logged into the user database simultaneously at any given time.
Flock Safety complies.
9. ALPR vendor’s system must be scalable to accept future cameras, locations, users, and capacity.
Flock Safety complies.
General Scope of Work
flocksafety.com
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10. ALPR vendor’s system must incorporate a dedicated mapping service utility that will allow each ALPR user a geographic overlay of all ALPR hit data on a user-defined map.
Flock Safety complies.
11. ALPR vendor system must allow users to manually enter any number of license plates they wish to be alerted of when a capture on that plate enters the database.
Flock Safety complies.
12. ALPR vendor’s system shall have the ability to alert a user or group via e-mail, text message, or other means when a captured plate from their hotlist/alert enters the database.
Flock Safety complies.
13. ALPR vendor’s system shall allow users to view, add to, or remove from their existing list of alerts.
The system shall be able to alert dispatch when the fixed ALPR camera captures a license plate that is of interest.
Flock Safety complies.
14. ALPR vendor’s system shall have the ability to set expiration dates for alert notifications. After the expiration date, the user must manually re-enter the plate if they still wish to be notified if it reappears. The system should be able to notify the user that a license plate they previously entered into a hotlist for alert notification is preparing to expire.
Flock Safety complies.
flocksafety.com
(866) 901-1781 | [email protected]
15. ALPR vendor’s system should have the capability to notify users of duplicate entries and alerts.
Flock Safety complies.
16. ALPR vendor’s system shall provide the ability to enter a known target vehicle and provide a ranked-order list of best possible locations to locate target vehicle based on the history of the ALPR data, frequency of the vehicle at a given location, and popularity of the target vehicle compared to all other vehicles ever captured at the given locations.
Flock Safety complies.
17. ALPR vendor’s system must be able to accommodate a substantial quantity of records, users, and capacity of data.
Flock Safety complies.
18. ALPR vendor’s system shall allow scalability to at least 4 times its original capacity. If initial or future pricing will scale based on capacity, or number of users, records, or replications partners, this shall be included in the proposed vendor’s submission.
Flock Safety complies.
B. USER REQUIREMENTS/FUNCTIONALITY
1. ALPR vendor system must allow for integration of common law enforcement hotlists.
Flock Safety complies.
2. ALPR vendor’s software must have an uninterrupted link into Evidence.com that allows for ALPR metadata of evidentiary value to be downloaded directly into Evidence.com, without the need for secondary downloads or data extracts.. Evidence.com is a digital evidence platform that the FVPD currently uses for secure evidence database storage. Evidence.com allows the FVPD to properly maintain chain of custody for said evidence, audit evidence storage / usage, retain digital evidence for extended periods of time, and share case files (evidence included) with law enforcement partners. These partners include the Orange County District Attorney’s Office.
Flock Safety complies. Images from Flock portal can be automatically uploaded into Axon Evidence.com for evidence management.
flocksafety.com
(866) 901-1781 | [email protected]
3. ALPR vendor’s system and policy must provide unlimited user access and unlimited number of users without licensing limitations or restrictions.
Flock Safety complies.
4. ALPR vendor’s software must provide capability to manually search for and enter alerts based on a vehicle’s physical description with or without including license plate information.
Flock Safety complies.
5. ALPR vendor system must include the following database search capabilities:
Flock Safety complies with all of the below requirements. ● Full or partial License Plate (with wildcard support) ● Ability to create a searchable list based on vehicle type, color, characteristic, as well as, specific license plates
● Start Date and End Date, including time of day down to one-minute level of precision ● Device Name (this is a list of all vehicles and fixed cameras that have contributed reads to the database, chosen from a drop down or other multi-select interface) ● Location and proximity range. This could be a geocoded address field, lat/long coordinates, or other functionality for allowing the user to specify a location and search radius.
6. Contractor shall provide training on ALPR system features, usage, maintenance, and system auditing.
Flock Safety complies. Flock Safety's designated Customer Success Manager (CSM) will conduct training for the administrators over the account once they become customers.
C. CAMERA CAPABILITIES
1. Vendor’s fixed ALPR camera must each have a minimum of 16GB of local storage capacity.
Flock Safety complies.
2. Vendor’s cameras must be purpose-built for ALPR systems and must be able to wirelessly connect utilizing commercial 5G/LTE carriers.
Flock Safety complies. Flock LPR cameras are fully solar powered and come built with their own SIM cards across multiple carriers. The carrier with the best signal in the location will be used.
3. Vendor’s fixed ALPR cameras must function under any environmental conditions such as extreme temperatures, inclement weather and high winds.
Flock Safety complies.
4. Vendor’s fixed ALPR camera shall be waterproof and impact resistant.
Flock Safety complies.
5. Vendor’s fixed ALPR camera must be fully functional in complete darkness.
Flock Safety complies.
6. Cameras must be capable of producing multiple license plate images with varying and automatic shutter settings to ensure high quality, color images regardless of weather or lighting conditions.
Flock Safety complies.
flocksafety.com
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7. Vendor’s fixed ALPR camera shall be secure to prevent unauthorized access.
Flock Safety complies.
8. Have the ability to read and recognize license plates from all states.
Flock Safety complies.
9. Ability to read California paper plates.
Flock Safety complies.
10. Ability to recognize vehicle make, model, color, and unique features such as convertibles, logos, stickers, rims, and racks.
Flock Safety complies.
11. Ability to notify users of plates entered onto Department of Justice (DOJ) databases i.e. stolen vehicles and wanted felons.
Flock Safety complies.
12. System to be based on movement with the ability to capture photos of bicycles, people, and nontraditional vehicles.
Flock Safety complies.
13. ALPR vendor’s camera data table must be able to provide the following fields:
● Date and time stamp on images –accurate to one minute or less of the capture time.
Flock Safety complies.
● Actual camera capture location must be visible to the user/viewer.
Flock Safety complies.
● Agency Name
Flock Safety complies. Agency Name will be the Organization Name. ● Agency ORI (a number that identifies the law enforcement agency whose device captured the license plate).
The ORI will be included if the Agency provides that information in their Organization.
● Source Device (a name of the vehicle, camera, or other device that captured the license plate).
Flock Safety complies.
● Prioritize rear license plate imaging but must also capture a front license plate.
Flock Safety complies.
● Expiration date – date when the read must be deleted from the system (retention period).
Expiration date is not included. Any images will be deleted 30 days from the date of capture. Date will be provided for all license plates captured.
14. ALPR vendor’s fixed cameras must be able to be installed within 90 days, and be relocated quickly and easily.
Flock Safety complies.
15. Vendor’s fixed ALPR cameras must capture at least two lanes of traffic simultaneously from a single camera.
Flock Safety complies.
flocksafety.com
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16. ALPR vendor’s fixed cameras must capture vehicle images up to 90 feet away and at target vehicle speeds up to 100 miles per hour.
Flock Safety complies.
17. ALPR vendor’s fixed camera must weigh 5-lbs. or less. This includes the camera and its related components.
Flock Safety complies. Falcon LPR cameras weigh 3-lbs.
D. BACKEND SERVICES/UPGRADES
1. ALPR vendor’s database must be able to publish collected data within five minutes or less. The system shall not update at longer intervals such as daily, weekly, or longer.
Flock Safety complies.
2. ALPR vendor’s system must allow the ability to integrate a third-party’s photo and video images into the vendor’s ALPR database for analysis. Integrated entries may then also be searched based on identical vehicle attributes in the uploaded third-party image.
Flock Safety complies.
3. ALPR vendor’s system software must have the ability to determine and indicate malfunctions, failures, or any other operational issues, which may adversely affect system performance.
Flock Safety complies. Flock Safety will monitor metrics for camera performance/health and automatically create support tickets to remediate.
4. ALPR vendor’s system software shall provide permissions granted by the Agency Administrator to each user that will allow or disallow data access to ALPR hits/alerts and hit/alert notifications.
Flock Safety complies.
5. ALPR vendor’s system software shall permit hotlist/alert management that includes single plate hotlist/alert record entry, multiple record hotlist batches, and automated hotlist update subscriptions, both locally and remotely.
Flock Safety complies.
6. ALPR vendor’s system software shall allow automated hotlist/alert subscriptions, which incorporate an optional schedule that allows the user to determine the update frequency for multiple user-defined times.
Flock Safety complies.
E. TRAINING/TECHNICAL SUPPORT
1. ALPR vendor must provide onsite customer user training. There will be initial training needs as well as scheduled as needed onsite training. The training should be repeated based on the customer’s needs and the vendor’s system/software updates.
Flock Safety complies. A Customer Success Manager will be assigned to the agency to provide any and all types of training to any individuals or groups that require it, remotely or in-person. flocksafety.com
(866) 901-1781 | [email protected]
2. This ALPR project must provide end-to-end service by the ALPR vendor without outsourcing any portion of the project or involving any resellers.
Flock Safety complies.
3. ALPR vendor must have the ability to provide public outreach support in order to assist the FVPD to educate and inform internal collaborators, stakeholders and the community at large regarding benefits and successes of ALPR systems.
Flock Safety complies.
4. ALPR vendor must be able to respond onsite for technical support, with minimum response time, and include a minimum number of hours per day for customer support.
Flock Safety complies.
F. AUDITING/REPORTING
1. ALPR vendor must have granular auditing capability to identify and track any user at any time.
Flock Safety complies. All action is recorded and presented in an audit trail.
2. ALPR vendor must provide permission/security level functionality in order to define user rights and access.
Flock Safety complies.
3. Administrator accounts must be able to view queried records and hotlists/alerts for all employees and individual officers. These should include date and time, last records, query by plate, query by requestor, IP address and browsing of records and hotlists/alerts.
Flock Safety complies.
4. ALPR vendor system must provide predesignated reports that can be generated from the data collected.
Flock Safety complies.
5. ALPR vendor system should include a Dashboard utility that allows users to view system and server productivity as measured by hotlist/alert volumes, detections and hit volumes, and accuracy ratios. These measurements will be in the form of graphs, bars, pie charts, or raw data and allow filters by agency, user, or ALPR system.
Flock Safety complies.
flocksafety.com
(866) 901-1781 | [email protected]
6. ALPR Administrator accounts should be able to export all audit data in PDF and Excel formats.
Flock Safety complies.
G. POLICY
1. ALPR vendor’s system must be Criminal Justice Information Services (CJIS) compliant.
Flock Safety complies.
2. ALPR vendor's lease program package shall provide for the option to renew annually, to include all system maintenance.
Flock Safety complies.
3. ALPR vendor must be able to create and provide a statistical overview of local ALPR data for public access via City website (transparency).
Flock Safety complies. Flock offers building a Transparency Portal website that details information on ALPR metrics that may be shared to the Community.
4. ALPR vendor contract/agreement must provide for automatic renewal unless the FVPD decides to cancel. The FVPD must be allowed a minimum of 30 days’ notice to cancel/terminate. Prior to the final termination date, all ALPR equipment must be removed by the ALRP vendor at the ALPR vendor's expense.
Flock Safety complies.
5. All ALPR data collected by FVPD shall be owned by FVPD.
Flock Safety complies.
6. ALPR vendor’s storage database must provide a minimum of 30 days retention policy with option to increase retention period.
Flock Safety complies.
7. All passwords must include multiple types of characters and a minimum password length Flock Safety complies.
8. flocksafety.com
(866) 901-1781 | [email protected]
Legal Review
Flock Safety’s Legal Team has reviewed the “Consultant Contract” specified for this RFP.
Should Flock Safety be awarded the bid as the Offeror, a meeting with the Legal Team may be organized to help facilitate changes to wording of the provided conditions to satisfy the team’s review. Flock’s Terms and Conditions have been attached separately for the City’s Review.
Section 8: SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, if the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.
Section 9: DEFAULT OF CONSULTANT
(c) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. If CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(d) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), Iif CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have thirtyten (310) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. If CONSULTANT fails to cure its default within such period, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.
flocksafety.com
(866) 901-1781 | [email protected]
RESOLUTION NO. ____________
A RESOLUTION ACCEPTING THE DONATION OF FUNDS FROM
KINGSTON TECHNOLOGY FOR THE PURCHASE OF AN
AUTOMATED LICENSE PLATE READER (ALPR) CAMERA
SYSTEM FOR THE FOUNTAIN VALLEY POLICE DEPARTMENT
ALPR PROGRAM.
WHEREAS, Kingston Technology and the Fountain Valley Police Department has recognized a need for the purchase of an ALPR system for law enforcement purposes and; WHEREAS, Kingston Technology has pledged funds in the amount of $32,500 for the purchase of an ALPR system.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the City of Fountain Valley does hereby accept the donation of $32,500 from Kingston Technology.
2. That the donated amount will be used to fund the purchase of the ALPR system.
Passed and adopted by the City Council of the City of Fountain Valley this 13th day of August, 2024.
ATTEST: __________________________
MAYOR
_________________________________
City Clerk
APPROVED AS TO FORM:
__________________________________
Attorney for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: August 13, 2024
Members of the City Council
SUBJECT: Approval to Send a Response to the Orange County Grand Jury Regarding Recyclables and Organic Waste.
EXECUTIVE SUMMARY:
The 2023-2024 Orange County Grand Jury investigated how Orange County jurisdictions are complying with the requirements and goals of State of California Senate Bill 1383 which impact single-family residential units. The investigation is documented through a 2023-2024 Orange County Grand Jury report titled “Talking Trash: Recyclables and Organic Waste”. The report revealed that the approaches to meet Senate Bill 1383’s requirements vary greatly from jurisdiction to jurisdiction. In order to maintain compliance with Penal Code 933.05(a) and (b), the Orange County Grand Jury requires responses from each of the agencies affected by the report’s findings, which includes the City of Fountain Valley, the Orange County Board of Supervisors, and thirty-two (32) other Orange County cities.
A response to each of the Grand Jury report findings and recommendations is due to the Presiding Judge of the Superior Court by September 10, 2024. City staff is seeking approval to send a response to the Orange County Grand Jury.
DISCUSSION:
Organic waste comprises more than a third of the waste stream in California and includes green waste, wood, food waste, and fibers such as paper and cardboard. When left to decompose in landfills, organic waste releases large amounts of methane gas which is harmful to the environment. In 2016, the State of California enacted Senate Bill (SB) 1383, requiring counties, cities, and other organizations responsible for waste collection to coordinate with their residents to divert organic waste, including food scraps, from the landfill waste disposal stream. SB 1383 set goals to reduce organic waste sent to landfills below the 2014 baseline by fifty percent (50%) no later than January 1, 2020 and seventy-five percent (75%) by January 1, 2025. This diversion goal is meant to move the State towards the desired “circular economy” where organic waste is collected, converted into new materials or products, and reused for other purposes. However, a 2023 Little Hoover Commission report states that despite the law’s requirements, the amount of organic waste sent to landfills statewide has increased twenty-three percent (23%) above the 2014 baseline.
City Council Request
Approval to Send a Response to the Orange County Grand Jury Regarding Recyclables and Organic Waste
August 13, 2024
As specified by SB 1383, each jurisdictions’ responsibilities relating to residential units include:
• Providing organics collection services to all residents • Conducting education and outreach to the community
• Procuring recyclable and recovered organic products
• Securing access to recycling capacity
• Monitoring compliance and conducting enforcement
The Orange County Grand Jury released the 2023-2024 “Talking Trash: Recyclables and Organic Waste” report on June 11, 2024. The purpose of the report was to examine how the Orange County jurisdictions are responding to the single-family residential unit organics diversion mandate under SB 1383, successes and challenges, and the impact of this requirement. The report focuses on the specific requirements associated with SB 1383, local actions taken so far to meet those requirements, success of those actions and how they are measured, local agency outreach and education efforts, and the challenges that remain for the County of Orange and the county’s thirty-four cities.
The report identifies the following as key challenges in implementing SB 1383:
Container Standardization: Most Orange County jurisdictions have not yet required their haulers to distribute residential containers that meet the CalRecycle standardized colors, leaving legacy and often incorrect or illegible labeling and embossing in place. Jurisdictions are not required to replace containers prior to January 1, 2036. The City of Fountain Valley and Republic Services agreement accounts for a comprehensive program of additional services to meet SB 1383 requirements. To date, 100% of the City’s residential green organics and blue recycling containers are SB 1383 color and label compliant. Municipal Solid Waste (MSW) carts are currently brown and have been replaced with black carts since January 1, 2022. Republic Services (the City’s exclusive-franchise hauler) estimates that full compliance of MSW carts will be achieved by January 1, 2036, as required by the regulations.
Funding and Enforcement: Two approaches to funding a solid waste management program are being used: enterprise fund or general fund. It is anticipated that all jurisdictions will eventually need to collect fines from residents for noncompliance. A protocol of where the collected fines are deposited (enterprise fund or general fund) must be developed by each jurisdiction. The City of Fountain Valley intends to deposit the fines into the enterprise fund. Education and Outreach: Most jurisdictions heavily rely on paper mailings, which may not be the most effective way of reaching the public. The City of Fountain Valley has provided education and outreach in numerous ways in addition to paper mailings, including social media, community presentations, monthly list service
City Council Request
Approval to Send a Response to the Orange County Grand Jury Regarding Recyclables and Organic Waste
August 13, 2024
newsletter, bi-annual direct mailers, recycling related web pages, and public outreach events (i.e., Compost Giveaways, Egg Hunt, Concerts in the Park, and movie nights).
Procurement of Recovered Organic Waste Products: The formula used by the State to calculate a jurisdiction's procurement target for recovered products does not account for a jurisdiction’s population density or geographic size (square miles). Therefore, the current procurement requirements mandated by SB 1383 are unrealistic and unachievable by many jurisdictions. The City is making every effort to meet the required CalRecycle procurement goal through public compost giveaway events, utilizing compost/mulch materials for the City maintained parks and medians (landscaping and weed suppression), erosion control for construction projects, and providing to local farms.
The 2023-2024 Orange County Grand Jury “Talking Trash: Recyclables and Organic Waste” report presents findings and recommendations. The City is required to submit responses to the Presiding Judge of the Superior Court for each finding and recommendation by September 10, 2024. City staff is seeking approval to send a response to the Orange County Grand Jury.
FINANCIAL ANALYSIS:
There is no fiscal impact.
ATTORNEY REVIEW:
This item does not require Attorney for the City review.
ALTERNATIVES:
Alternative No.1: Approve the Mayor to send a response to the Presiding Judge regarding the Grand Jury report.
Alternative No. 2: Do not approve and provide direction to Staff regarding the Grand Jury report.
RECOMMENDATION:
It is recommended the City Council approve Alternative No. 1 or provide further direction to City staff.
Prepared By: Lia Gountoumas, Environmental Services
Administrator
Approved By: Scott Smith, P.E., Director of Public Works Approved By: Maggie Le, City Manager
City Council Request
Approval to Send a Response to the Orange County Grand Jury Regarding Recyclables and Organic Waste
August 13, 2024
Attachment 1: Orange County Grand Jury 2023-2024 Report Titled “Talking Trash: Recyclables and Organic Waste”
Attachment 2: Mayor’s letter to Maria Hernandez, Presiding Judge of the Superior Court
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page ii
TABLE OF CONTENTS
SUMMARY...................................................................................................................... 3 BACKGROUND.............................................................................................................. 3 REASON FOR THE STUDY........................................................................................... 4 METHOD OF STUDY...................................................................................................... 5 INVESTIGATION AND ANALYSIS................................................................................. 6 Overview of SB 1383.................................................................................................. 6 How Are Jurisdictions Impacted by SB 1383? ........................................................ 7 Orange County Jurisdictions’ SB 1383 Implementation Status............................. 8 How do jurisdictions assess their own progress? ..................................................... 8 Main Implementation Issues ..................................................................................... 8 COMMENDATIONS...................................................................................................... 18 FINDINGS..................................................................................................................... 18 RECOMMENDATIONS................................................................................................. 19 RESPONSES................................................................................................................ 21 Responses Required ............................................................................................... 22 Findings – 90 Day Response Required .................................................................. 22 Recommendations – 90 Day Response Required.................................................. 24 REFERENCES.............................................................................................................. 25 GLOSSARY.................................................................................................................. 26 APPENDICES............................................................................................................... 28 APPENDIX A – SURVEY RESULTS......................................................................... 28 APPENDIX B – CIRCULAR ECONOMY STARTS IN YOUR KITCHEN................... 33
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 3
SUMMARY
In 2016, the State of California enacted Senate Bill (SB) 1383, requiring counties, cities, and other organizations responsible for waste collection to coordinate with their residents to divert organic waste, including food scraps, from the landfill waste disposal stream. Another provision makes jurisdictions responsible for procuring a quantity of the recovered organic waste products resulting from the diversion. The 2023-2024 Orange County Grand Jury (OCGJ) investigated how Orange County jurisdictions are complying with the requirements and goals of SB 1383 that impact single-family residential units.
The investigation revealed that the approaches to meeting SB 1383’s requirements vary greatly from jurisdiction to jurisdiction. The majority of Orange County jurisdictions have not yet distributed residential waste containers that meet the SB 1383 standardization requirements, leaving outdated labeling/embossing in place. Education and outreach have not yet taken place at all in some jurisdictions. Even when information has been disseminated in other jurisdictions, the methods disproportionately favor intermittent paper mailings. Also, the State’s unrealistic targets for the procurement of recycled organic waste products do not account for a jurisdiction’s population density or geographic size, which frequently makes them extremely difficult to meet.
The local enforcement stage of SB 1383 started on January 1, 2024. However, the majority of Orange County jurisdictions are unlikely to meet the SB 1383 targeted seventy-five percent reduction in the amount of organic waste sent to landfills by January 2025.
The OCGJ concludes there is a clear need to improve education and outreach efforts, develop enforcement mechanisms and processes, and to coordinate and collaborate among all jurisdictions to collectively address the challenges and to achieve the goals and targets of SB 1383.
BACKGROUND
Organic waste comprises more than a third of the waste stream in California and includes green waste, wood, food waste, and fibers such as paper and cardboard.
When left to decompose in landfills, organic waste releases large amounts of methane gas which is harmful to the environment (CalRecycle, 2024). In September 2016, SB 1383 set reduction targets in a statewide effort to reduce emissions of Short-Lived Climate Pollutants (SLCP) including methane. Simply put, this required all statewide jurisdictions to implement mandatory organic waste collection and recycling to divert organic waste from landfills. Another key benefit of the diversion of organic and other recyclable material from landfills is the preservation of overall landfill capacity.
In 2014, the State conducted random sampling of twenty-six landfills, Material Recovery Facilities (MRF), and Transfer Stations located in twenty-one of California’s fifty-eight counties (none in Orange County). The results were used to establish the baseline for
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the required reduction in organic waste destined for landfills. SB 1383 then set goals to reduce organic waste sent to landfills below the 2014 baseline by fifty percent no later than January 1, 2020, and seventy-five percent by January 1, 2025. However, despite the law’s requirements, the amount of organic waste sent to landfills statewide actually increased by twenty-three percent above the 2014 baseline (Little Hoover Commission, 2023).
SB 1383 requires all jurisdictions to memorialize the bill’s requirements in their municipal codes and ordinances no later than January 1, 2022. One of the results of these changes is that each jurisdiction had to amend or renegotiate their waste haulers’ franchise agreements to incorporate the new requirements.
In accordance with SB 1383, as of January 1, 2024, all jurisdictions (and therefore all waste producers) will be subject to enforcement, including monetary fines. While SB 1383 has a myriad of requirements for commercial as well as residential waste producers, the OCGJ narrowed its investigation to the impacts associated with local jurisdiction compliance with SB 1383 on Orange County residents. This report focuses on the specific requirements associated with SB 1383, the local actions taken so far to meet those requirements, the success of those actions and how they are measured, local agency outreach and education efforts, and the challenges that remain for the County of Orange and the county’s thirty-four cities.
REASON FOR THE STUDY
The organics diversion mandate under SB 1383 began to take effect in California on January 1, 2022. This means that jurisdictions in California were required to implement programs for the separation and diversion of organic waste, including food scraps, from landfill disposal. The actual enforcement of this requirement started on January 1, 2024.
The OCGJ’s intent was to take a closer look at how Orange County jurisdictions are responding to this mandate, their successes and challenges, and the impact of this new requirement on the Orange County residents.
The OCGJ initially focused on two questions:
• What actions have Orange County jurisdictions taken to implement organics collection for their residential customers, and how do they measure the success of these actions?
• Given that one key to the success of SB 1383 is public participation, have local jurisdictions conducted sufficient outreach and education? While investigating the answers to these questions, the OCGJ discovered additional information about Orange County recycling and waste management that is notably relevant to this topic and is included in this report.
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METHOD OF STUDY
The OCGJ toured several local waste facilities, including:
• The Frank R. Bowerman landfill in Irvine, owned by the County of Orange and managed and operated by OC Waste & Recycling (OCW&R). This enabled the OCGJ to gain a better understanding of the refuse collection and disposal process.
• The MRF operated by Rainbow Environmental Services, located at 17121 Nichols Lane in the city of Huntington Beach. This facility was previously decommissioned then reopened on short notice when the newer Anaheim MRF was destroyed by fire in February 2022.
• The MRF operated by Waste Management, located at 2050 North Glassell Street in the city of Orange. This tour allowed the OCGJ to gain information on the operation of a newer, larger MRF.
The OCGJ reviewed SB 1383 and related documents, training videos, public meeting recordings, and presentations available on the CalRecycle website.
The OCGJ reviewed online publications from various organizational and media sources related to trash hauling and general operations of the waste and recycling industry and conducted fourteen interviews with representatives from the waste industry, local jurisdictions, and the State’s enforcement agency.
The OCGJ also disseminated a nine-question survey to each of the thirty-four Orange County cities and the County to obtain their perspectives on local implementation of SB 1383. Follow-up interviews were conducted with representatives of the same ten cities included in the 2019-2020 OCGJ report “OC Recycling: Doing it the Right Way” and the County for additional insight into each jurisdiction’s implementation of, and compliance with, SB 1383’s requirements.
The OCGJ utilized the same sampling of ten cities as well as the County of Orange (for its unincorporated areas) because they represent different geographical areas of the county (from Brea in the north to Dana Point in the south) and reflect a variety of larger cities by population and/or land area (e.g., Santa Ana, Irvine) and some that are smaller (e.g., Buena Park, Mission Viejo).
Individual members of the OCGJ also observed the types and colors of carts, their labeling, and their contents at various locations throughout the county. These observations were documented via photographs to illustrate dissimilar details and nuances among jurisdictions and haulers.
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INVESTIGATION AND ANALYSIS
Overview of SB 1383
SB 1383 set ambitious targets for reducing organic waste disposal in landfills from the 2014 baseline: fifty percent by January 2020 (which was not met), and seventy-five percent by January 2025. Organic waste comprises more than half the waste stream in California and includes green waste, wood, food waste, and fibers such as paper and cardboard. When left to decompose in landfills, organic waste releases large amounts of methane gas. The overall goal of the bill is to reduce greenhouse gas emissions by at least four million metric tons per year by 2030 by requiring that “organics” going to the landfill be reduced to 5.7 million metric tons by 2025.
This groundbreaking legislation is a statewide effort to reduce Short-Lived Climate Pollutants (SLCPs). SLCPs such as methane, black carbon, tropospheric (ground level) ozone, and hydrofluorocarbons remain in the atmosphere for a shorter time than carbon dioxide but have a much stronger warming effect. Therefore, reducing SLCPs has the potential to significantly slow global climate change in the near term (California Air Resources Board, 2024). The State’s efforts and policies are intended to substantially increase the rate of organic material diversion away from landfills. This diversion goal is meant to move the State towards the desired “circular economy” where organic waste is collected, converted into new materials or products, and reused for other purposes.
Figure 1 Source: CalRecycle
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How Are Jurisdictions Impacted by SB 1383?
In this context, a jurisdiction may be a city, county, city and county, or special district that collects solid waste.
The jurisdictions’ responsibilities specified by SB 1383 relating to residential units include (CalRecycle, 2024):
• Providing organics collection services to all residents • Conducting education and outreach to community
• Procuring recyclable and recovered organic products
• Securing access to recycling capacity
• Monitoring compliance and conducting enforcement
SB 1383 contains a significant amount of detail regarding the types of allowable collection programs. Critical requirements are listed below:
• Each resident must subscribe to an organic waste collection service that either “source-separates” the waste by using separate bins or transports all unsegregated waste to a facility that recovers seventy-five percent of the organic content collected.
• SB 1383 requires one of the following collection options:
A one-can system – all contents are transported to a facility that recovers seventy-five percent of the organic content.
A two-can system – at least one of the containers (whichever includes organic waste and garbage) must be transported to a facility that recovers seventyfive percent of the organic content.
A three-can system – organic waste is required to be source separated (recyclables in blue, food and yard waste in green).
Jurisdictions must also conduct education and outreach to all residents regarding collection service requirements, contamination standards, self-haul requirements, and overall compliance with SB 1383. Educational material must be linguistically accessible to non-English speaking residents.
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Figure 2 Source: CalRecycle
Orange County Jurisdictions’ SB 1383 Implementation Status How do jurisdictions assess their own progress?
The OCGJ sent a ten-question survey to thirty-four cities and OC Waste & Recycling (OCW&R) and received thirty-one responses. The purpose of the survey was to verify how these agencies measure their progress on the implementation of various aspects of SB 1383. Survey participants were asked to mark their progress on the scale from 1 (significant challenges) to 5 (excellent) for each of the questions. The survey questions as well as more detailed information on responses and follow-up comments and explanations is included in Appendix A.
Main Implementation Issues
To follow-up on the survey, the OCGJ conducted a series of interviews with jurisdictions to learn more about their specific challenges in implementing SB 1383, successes, concerns, and solutions to common issues. The eleven jurisdictions interviewed were the same included in the 2019-2020 OCGJ report “OC Recycling: Doing it the Right Way” representing different geographical areas of the county and a variety of populations and/or land areas. Several themes emerged from the interviews:
• Container Standardization
SB 1383 requires standardized colors for residential and business curbside containers (green for organics, blue for recyclables, and grey for trash). It also requires container
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labels on new containers. The color scheme for collection containers must meet either of these requirements:
o The lid of the container is the correct designated color o The body of the container is the correct designated color, and the lid is also the same specified color or may be gray or black
Out of the eleven jurisdictions interviewed, only two have distributed containers that meet the State requirements. However, jurisdictions are not required to replace containers prior to January 1, 2036. Most are replacing their containers gradually over time. The variety of colors used by various jurisdictions contributes to the confusion and potentially increases contamination rates. In many cases, existing containers include embossed information that is no longer accurate or labels with outdated information (see examples below).
Figure 3. The embossed information wrongly directs residents to put plastic grocery bags in the recycling container. Photo: OCGJ
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Figure 4. The old sticker incorrectly directs residents to put shoes, clothes, and other textiles in the recycling container. Photo: OCGJ Figure 5. Outside label on the ‘green waste’ container contains no information regarding food scraps. Photo: OCGJ
The following two images of the “Food Scrap” container (outside and inside) were taken by an OCGJ member in a public park. The contents of the container, which contains unallowable items, such as plastic packaging, further underscores the need for clear signage and more public education.
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Figure 6. Lid of the “Food Scraps” container in a public park from November 2023 showing correct information. Photo: OCGJ
Figure 7. Contents of the same “Food Scraps” container in the public park from November 2023. Photo: OCGJ
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Another standardization issue is that what is accepted for recycling varies among the jurisdictions and haulers.
For example, some allow palm fronds into organics bins while others do not, and some allow food scraps to be deposited in compostable bags while others do not, further adding to the confusion.
• Funding and Enforcement
While conducting interviews with the Orange County jurisdictions, the OCGJ learned that there are two approaches to funding their solid waste management programs (including SB 1383 implementation activities): (1) using an enterprise fund; and (2) using the general fund. Using an enterprise fund ensures that all revenues generated by the solid waste management program are reinvested in that program rather than being diverted into other needs of the jurisdiction.
Even though enforcement activities were effective starting January 1, 2024, jurisdictions only conduct inspections and spot-checks of residential customers’ organic and trash containers using either “lid flipping” or smart trucks that record the contents of the containers as they are being emptied. Haulers (via contracts) have been designated to perform these functions. If residents are found to be in violation, the first step is to provide them with additional educational materials and information. If the violation persists, warning notices are issued. The final step is issuing fines. The penalties imposed by a jurisdiction are based on Government Code Sections 53069.4, 25132, and 36900, and are as follows:
• First violation: $50-$100 per violation;
• Second violation: $100-$200 per violation;
• Third or subsequent violation: $250-$500 per violation Penalties increase when an entity violates the same requirement within a one-year period (CalRecycle, 2024).
While jurisdictions have yet to collect fines, some have not even established the collection protocol or the account where collected fines will be deposited. • Education and Outreach
Clearly, there is a need for more education and outreach. The success of SB 1383 implementation and the ability to reach the CalRecycle goal of a seventy-five percent diversion rate depend largely on residents’ compliance and behavior change. Education and outreach is the first and most critical component of that change. “The accuracy of consumer disposal decisions directly influences the performance of the recycling system.” (Christian Blanco C. S., 2023)
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Most interviewed jurisdictions collaborate with haulers to create and distribute educational materials. Others also use consulting services for that purpose. Outreach strategies, the number of outreach events and communications, as well as participation rates vary greatly from jurisdiction to jurisdiction, but most rely heavily on paper mailings, which may not be the most effective way of reaching the public. If combined with junk mail, the educational material may go unread into a recycling bin, if not the trash. Frequently, the information flyers are mailed together with hard-copy utility bills, which may overlook those who subscribe to electronic billing.
As part of their outreach/education campaigns, some of the interviewed jurisdictions purchased kitchen pails for recycling food scraps to distribute to some or all households.
These purchases were funded through SB 1383 assistance grants from CalRecycle, which most of the Orange County jurisdictions applied for and received.
The OCGJ reviewed a sampling of educational materials being distributed by several cities and concluded that the quality of these materials can range from highly informative publications with accessible and attractive designs to flimsy “newsletters” issued by haulers for their respective jurisdictions with graphics and instructions that are barely legible.
Paper mailings have their role but represent only one of many possible outreach methods. The recycling industry itself is embracing technological advancements, including the use of Artificial Intelligence (AI), in waste sorting, predicting trends, the use of smart hauler trucks and smart bins, as well as in outreach and education (Recycling Inside, 2023).
According to Recycling Inside, “AI can play a pivotal role in educating the public about recycling practices. Chatbots and virtual assistants powered by AI can provide real-time guidance on waste disposal, recycling guidelines, and collection schedules. By engaging with individuals through personalized interactions, AI-driven platforms can raise awareness, promote recycling behavior, and facilitate proper waste management at the consumer level.”
According to research by the Recycling Partnership, “People have a misconception that what is recyclable doesn’t change. They are recycling incorrectly in some cases because they are basing decisions on past guidelines and recycling knowledge such as believing milk cartons are wax coated and should not be recycled, or envelopes with windows should not be recycled. They think they know what they need to know about recycling because that’s what they’ve always known.” (Center for Sustainable Behavior & Impact, 2022)
More than seventy percent of people surveyed wish there was an easier way to get information on what can and can’t be recycled in their community. (Center for Sustainable Behavior & Impact, 2022)
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Determining the success of their outreach efforts is another challenge that Orange County jurisdictions are facing in the near future. Most jurisdictions need to determine how to measure outreach efforts, as the enforcement started January 1, 2024. Having common standards and methods to measure the success of public education and compliance, and regularly posting this information on the jurisdiction’s website related to SB 1383 goals, will give the public an incentive to comply with SB 1383. However, in the interim, there is a significant amount of visual evidence regarding the level of residents’ confusion as evidenced by the photo below. The photo is the amount of waste in the first five hours of a workday that was improperly included in residential recyclable containers and delivered to a MRF, where it had to be hand sorted out.
Figure 8: Waste improperly included in recyclable containers Photo: OCGJ • Procurement of Recovered Organic Waste Products
Representatives from most of the jurisdictions the OCGJ interviewed indicated that meeting the procurement requirements of SB 1383 is challenging. This is due to their jurisdictions’ State-calculated procurement targets far exceeding the quantity of recovered organic waste products that they can utilize.
To comply with SB 1383, jurisdictions must procure recovered organic waste products to meet an annual procurement target. Recovered organic waste products include:
o Compost
o Mulch
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o Renewable energy (transportation fuel, electricity, and gas for heating) from anaerobic digestion
o Electricity from biomass conversion
Each jurisdiction’s procurement target is calculated by multiplying its population, as reported by the California Department of Finance, by the per capita procurement target (0.08 tons of organic waste per California resident per year).
The resulting procurement target can then be multiplied by product conversion factors (as established by the regulations) to determine the annual procurement requirements for recovered organic waste products.
Source: CalRecycle
As one of the survey respondents stated:
“Meeting the annual procurement target presents a significant challenge. In addition, the formula used to calculate a jurisdiction’s procurement target does not account for density or square miles. Denser areas equal less space to distribute mulch or compost.
More people equals higher procurement target.”
As a result, a number of jurisdictions with high procurement targets had to use grant funding to purchase the required amounts of compost/mulch. Because the required target procurement amounts exceeded what they can utilize in their communities, they had to distribute the compost/mulch (via hauler) to agricultural communities outside Orange County. They also admitted that without grant funding, meeting the targets will be even more difficult and will require diverting resources from their own communities or raising rates.
The regulations limit procurement to “use or giveaway, and do not include the sale of products [14CCR Section 18993.1(e)(1)] so jurisdictions cannot sell the procured recovered organic waste products, such as compost, via a third party.” (CalRecycle, 2022)
Renewable Natural Gas (RNG) is one of the products that can be counted towards meeting a jurisdiction’s procurement goal. Haulers operating in Orange County, including Republic, CR&R, and Waste Management, utilize trucks powered by RNG.
However, in most cases the RNG they use is not purchased from an approved facility so it cannot be counted towards the required procurement goal. CalRecycle maintains a list of anaerobic digestion facilities in California to help jurisdictions find renewable gas that may be eligible towards their SB 1383 procurement obligations.
Currently, this list contains only six facilities that produce Compressed Natural Gas (CNG), which in this case is presumably compressed RNG. None of these facilities is located in Orange County. The closest are located in Riverside County (Perris), San Bernardino County (Victorville and Rialto), and San Diego County (Escondido).
The issue of RNG is further complicated by the fact that some sewage treatment plants also produce RNG, which (according to CalRecycle) is mostly ineligible. Below is the
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information included in “Frequently Asked Questions” on RNG on the CalRecycle website (CalRecycle, 2022):
Renewable gas derived solely from sewage is ineligible for meeting the procurement target because a Publicly Owned Treatment Work (POTW) is not a solid waste facility and therefore not in the scope of the legislative intent of SB 1383. Sewage is also not typically destined for a landfill, so its use does not help achieve the landfill diversion goals.
However, Title 14 explicitly authorizes POTWs to accept food waste without a solid waste facility permit, making it functionally similar to incentivizing biomethane from a solid waste facility. Therefore, it is justifiable to allow the portion of renewable gas resulting from the digestion of food waste at POTWs to count toward the procurement targets, provided the POTW accepts food waste from specified facilities or operations [see 14 CCR Section 18993.1(h)(1)] and meets all other applicable regulatory requirements. For more information, please see the Final Statement of Purpose and Necessity (pages 178-180).
The issue of procurement difficulties encountered by California jurisdictions is mentioned in the Little Hoover Commission 2023 report on the implementation of SB 1383. The Commission recommended that “the state should expand the list of compliance pathways and products eligible to count toward a jurisdiction’s procurement requirements.” (Little Hoover Commission, 2023)
• Coordination and Vision for the Future
In a county with thirty-four cities and several other jurisdictions, coordination, collaboration, and sharing resources and best practices can be a challenge. The OCGJ learned that county-wide groups meet on a regular basis, including a waste management coordinators’ group, a haulers’ group, and a market development group.
Additionally, the OCGJ learned that OCW&R has assumed a leadership role in positioning Orange County for a greener, more sustainable future.
OCW&R has a clear vision for a regional, county-wide approach to the implementation of SB 1383, which includes not only organics and edible food strategies, but also market creation and development, procurement and compliance, and regional standardization and collaboration.
The details of their vision are outlined in the 2024 presentation to the legislative group, which is available on the OCW&R website (OC Waste & Recycling, 2024).
The following slide has been taken from this presentation.
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Figure 9. Circular economy concept for Orange County Source: OCW&R • Other Issues
Multi-family housing units: While not within the scope of this report, it should be noted that services to multi-family units still pose a significant challenge. Jurisdictions are required to provide organic waste collection to multi-family units. Many find it difficult to provide a three-bin source-separated service to these units due to limited space.
Creative solutions, such as providing smaller organics containers or containers that are placed in a common area to serve multiple units, have been utilized by Orange County cities, but full compliance is difficult to achieve.
The cost of SB 1383 implementation: The Little Hoover Commission Report states that the gross cost of implementation was determined to be $40 billion between 2019 and 2030. (CalRecycle, 2019) “About 5 percent of this figure represents soft costs (i.e. the work local jurisdictions must do to create organic waste programs, educate the public, and ensure health, safety, and quality control measures are met). The other 95 percent represents the cost of disposing of organic waste, including constructing infrastructure” (Little Hoover Commission, 2023). Most Orange County jurisdictions interviewed by the OCGJ indicated that they had to increase their residential and/or business waste collection rates to cover the cost of expanded services mandated by SB 1383.
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COMMENDATIONS
• County of Orange, OC Waste & Recycling is commended for having successfully met SB 1383 mandates, developing new composting infrastructure, a model education and outreach program, moving towards robust and repurposing recycling programs, and developing gas-to-energy facilities to produce renewable energy.
• City of Mission Viejo, Solid Waste Program is commended for their proactive implementation of SB 1383 mandates, distributing compliant waste containers to all residents, and producing a robust outreach and education program using numerous delivery methods.
• City of Santa Ana Public Works, Trash and Recycling Program is commended for proactively revising their hauler contract to meet SB 1383 requirements, producing a notable and ongoing outreach and education program, distributing compliant waste containers to all residents, and fostering a highly collaborative relationship with their hauler.
FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation titled “Talking Trash: Recyclables and Organic Waste,” the 2023-2024 Orange County Grand Jury has arrived at the following principal findings:
Container Standardization
F1. The majority of Orange County jurisdictions have not yet required their haulers to distribute residential containers that meet the CalRecycle standardized colors, leaving legacy and often incorrect or illegible labeling and embossing in place.
Funding and Enforcement
F2. While a jurisdiction may not delegate its overall responsibility for compliance with State requirements to a hauler, some jurisdictions have designated the task of imposing and collecting fines from residents to the hauler in accordance with State law. However, not all jurisdictions are clear on who ultimately receives and retains the collected fines.
F3. All jurisdictions will eventually start collecting fines from residents for noncompliance, but some have not yet determined whether the revenues will go into a waste and recycling enterprise fund or into the jurisdiction’s general fund.
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Education and Outreach
F4. In most jurisdictions, education and outreach is a joint effort between jurisdiction, hauler, and sometimes consultants, with the jurisdiction reviewing the materials before publication. The methods of dissemination vary by jurisdiction and hauler but frequently rely on a resident actively seeking the information, which requires the resident to have some awareness of the new mandates in the first place.
Most efforts primarily revolve around intermittent hard-copy paper mailings.
F5. Most jurisdictions currently have no way to accurately determine the effectiveness of their respective education and outreach efforts other than the eventual inspections or audits that will take place.
Procurement of Recovered Organic Waste Products
F6. There is some concern that there are not enough composting facilities in Orange County to process all organic waste, forcing some jurisdictions/haulers to transport it long distances for processing.
F7. There is currently no infrastructure in the county that is a State-approved source of Renewable Natural Gas (RNG) and energy from organic waste. Jurisdictions that use vehicles running on RNG procured from non-approved sources cannot count that RNG towards fulfillment of their procurement requirement.
F8. The formula used by the State to calculate a jurisdiction's procurement target does not account for a jurisdiction’s population density or geographic size (square miles). As such, meeting the annual procurement target presents a significant challenge for most jurisdictions.
F9. Many Orange County jurisdictions were unable to meet the requirement in SB 1383 to reduce organic waste sent to landfills by the 2020 deadline. It is unlikely the required seventy-five percent reduction will be achieved by the 2025 deadline.
F10. The current procurement requirements mandated by SB 1383 are unrealistic and likely unachievable by most jurisdictions.
RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.
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Based on its investigation titled “Talking Trash: Recyclables and Organic Waste,” the 2023-2024 Orange County Grand Jury makes the following recommendations:
Container Standardization
R1. All jurisdictions should expedite the acquisition and distribution of residential containers that meet the CalRecycle standardized colors. Additionally, until the compliant containers can be distributed, all jurisdictions should ensure the distribution of labeling for non-compliant containers that explain the current SB 1383 requirements applicable to their jurisdiction by June 30, 2025.
Funding and Enforcement
R2. By December 31, 2024, all jurisdictions should ensure their waste hauling agreements are in compliance with State statute so that haulers may be designated to perform certain required tasks but are not improperly delegated overall responsibility for compliance. Additionally, all jurisdictions should ensure that any fines collected by a hauler are forwarded to the jurisdiction.
R3. The OCGJ recommends that all jurisdictions utilize a dedicated waste and recycling enterprise fund for collection of fines for non-compliance with SB 1383 by December 31, 2024.
Education and Outreach
R4. By December 31, 2024, all jurisdictions should diversify the methods and media used for education and outreach to include, among others, various social media platforms, emails to residents, newspaper, television, flyer mailings, community events, and appearances at other public gatherings.
R5. By December 31, 2024, and in order to gauge the effectiveness of their education and outreach efforts, all jurisdictions should develop new methods to engage residents directly to help determine their awareness of the requirements associated with SB 1383, such as surveys, online quizzes, and door-to-door polling.
Procurement of Recovered Organic Waste Products
R6. By June 30, 2025, the OCGJ recommends that all jurisdictions participate in the OCW&R-led efforts to develop a coordinated county-wide approach to the organics recycling infrastructure and programs as well as procurement requirements associated with SB 1383, working towards creating circular economy as a long-term goal.
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R7. By December 31, 2024, the Orange County Board of Supervisors and all Orange County cities should lobby appropriate members of the State Legislature and/or CalRecycle to revise the organic waste diversion targets to better reflect Orange County’s waste amounts, revise the jurisdictions’ procurement requirements to better represent the limited options currently available for procurement, the jurisdictions’ varying populations, population densities, and geographic size, and to delay associated enforcement actions by the State.
RESPONSES
The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report:
Section 933
(c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years.
Section 933.05.
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons thereof.
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(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, thereof.
Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required from:
Findings – 90 Day Response Required
OC Board of Supervisors: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 City Councils of:
Aliso Viejo F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Anaheim F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Brea F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Buena Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Costa Mesa F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Cypress F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Dana Point F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 Fullerton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 23
Garden Grove F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Huntington Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 Irvine F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
La Habra F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
La Palma F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Hills F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Niguel F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Woods F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Lake Forest F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Los Alamitos F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Mission Viejo F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Newport Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Orange F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Placentia F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Rancho Santa Margarita F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 San Clemente F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
San Juan Capistrano F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 Seal Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Stanton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Tustin F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Villa Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Westminster F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 24
Yorba Linda F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Recommendations – 90 Day Response Required
OC Board of Supervisors: R1, R2, R3, R4, R5, R6, R7
City Councils of:
Aliso Viejo R1, R2, R3, R4, R5, R6, R7
Anaheim R1, R2, R3, R4, R5, R6, R7
Brea R1, R2, R3, R4, R5, R6, R7
Buena Park R1, R2, R3, R4, R5, R6, R7
Costa Mesa R1, R2, R3, R4, R5, R6, R7
Cypress R1, R2, R3, R4, R5, R6, R7
Dana Point R1, R2, R3, R4, R5, R6, R7
Fountain Valley R1, R2, R3, R4, R5, R6, R7
Fullerton R1, R2, R3, R4, R5, R6, R7
Garden Grove R1, R2, R3, R4, R5, R6, R7
Huntington Beach R1, R2, R3, R4, R5, R6, R7
Irvine R1, R2, R3, R4, R5, R6, R7
La Habra R1, R2, R3, R4, R5, R6, R7
La Palma R1, R2, R3, R4, R5, R6, R7
Laguna Beach R1, R2, R3, R4, R5, R6, R7
Laguna Hills R1, R2, R3, R4, R5, R6, R7
Laguna Niguel R1, R2, R3, R4, R5, R6, R7
Laguna Woods R1, R2, R3, R4, R5, R6, R7
Lake Forest R1, R2, R3, R4, R5, R6, R7
Los Alamitos R1, R2, R3, R4, R5, R6, R7
Mission Viejo R1, R2, R3, R4, R5, R6, R7
Newport Beach R1, R2, R3, R4, R5, R6, R7
Orange R1, R2, R3, R4, R5, R6, R7
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 25
Placentia R1, R2, R3, R4, R5, R6, R7
Rancho Santa Margarita R1, R2, R3, R4, R5, R6, R7
San Clemente R1, R2, R3, R4, R5, R6, R7
San Juan Capistrano R1, R2, R3, R4, R5, R6, R7
Seal Beach R1, R2, R3, R4, R5, R6, R7
Stanton R1, R2, R3, R4, R5, R6, R7
Tustin R1, R2, R3, R4, R5, R6, R7
Villa Park R1, R2, R3, R4, R5, R6, R7
Westminster R1, R2, R3, R4, R5, R6, R7
Yorba Linda R1, R2, R3, R4, R5, R6, R7
REFERENCES
California Air Resources Board. (2024). Short-Lived Climate Pollutants. Retrieved from https://ww2.arb.ca.gov/our-work/programs/slcp/about
CalRecycle. (2019, October 2). Initial Statement of Reasons Appendix A: Cost Update.
Retrieved from CalRecycle: https://www2.calrecycle.ca.gov/Docs/Web/115980 CalRecycle. (2022, December 5). Procurement Questions and Answers. Retrieved from CalRecycle: https://calrecycle.ca.gov/organics/slcp/faq/recycledproducts / CalRecycle. (2023). SB1383 Education and Outreach Resources. Retrieved from CalRecicle: https://calrecycle.ca.gov/organics/slcp/education/ CalRecycle. (2024). 2022 State of Disposal and Recycling Report. Sacramento:
Department of Resources Recycling and Recovery (CalRecycle). Retrieved from https://www2.calrecycle.ca.gov/Publications/Details/1732 CalRecycle. (2024). Enforcement Questions and Answers. Retrieved from https://calrecycle.ca.gov/organics/slcp/faq/enforcement/ CalRecycle. (2024). SB 1383 Education and Outreach Resources. Retrieved from https://calrecycle.ca.gov/organics/slcp/education/
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 26
Center for Sustainable Behavior & Impact. (2022). Consumer Insights on Packaging, Labels, and Claims for Recycling. The Recycling Partnership. Retrieved from https://recyclingpartnership.org/wpcontent/uploads/dlm_uploads/2023/06/Consumer_Labeling_Research_Final.pdf Christian Blanco, C. S. (2023, May 30). America's Broken Recycling System. Retrieved from California Management Review : https://cmr.berkeley.edu/2023/05/americas-broken-recycling-system/ Christian Blanco, C. S. (2023, May 30). Is it Time to Consider a National Recycling Standard? California Management Review. Retrieved from
https://cmr.berkeley.edu/2023/05/is-it-time-to-consider-a-national-recyclingstandard / Little Hoover Commission. (2023). Reducing California's Landfill Methane Emissions:
SB1383 Implementation. Sacramento: Little Hoover Commission.
Mouchard, A. (2024, May 4). Tech meets trash in Orange County’s landfill future.
Orange County Register. Retrieved from
https://www.ocregister.com/2024/05/04/tech-meets-trash-in-orange-countyslandfill-future/ OC Waste & Recycling. (2024). OCW&R. Retrieved from OCW&R:
https://oclandfills.com/sites/ocwr/files/2024-
03/1383%20IMAGINE%20WHAT%20CAN%20BE%20Presentaiton.pdf
Recycling Inside. (2023, June 2). Revolutionizing Recycling: The Relevance of Artificial Intelligence in the Recycling Industry. Retrieved from
https://recyclinginside.com/the-relevance-of-artificial-intelligence-in-the-recyclingindustry/ Savage, S. (2023, February 16). Forbes. Retrieved from
https://www.forbes.com/sites/stevensavage/2023/02/16/the-golden-statescircular-economy-goals-is-that-just-california-dreamin-or-thefuture/?sh=95c357338e58
GLOSSARY
AB Assembly Bill
CalRecycle California Department of Resources Recycling and Recovery
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2023-2024 Orange County Grand Jury Page 27
Circular Economy Current economic models consist of acquiring materials, making them into products, and then those products become waste. A circular economy reduces material use, redesigns materials and products to be less resource intensive, and recaptures “waste” as a resource to manufacture new materials and products.
Compost Compost is made from a variety of organic materials and is used to add nutrients and improve soil structure by mixing it into the soil.
Mulch Mulch is typically made from a single material like straw, grass clippings, or wood chips and is spread on top of the soil to suppress weeds, retain moisture, regulate soil temperature, and protect plant roots.
MRF Material Recovery Facility
OCGJ Orange County Grand Jury
OCW&R OC Waste & Recycling, a department of the County of Orange Organic Waste Solid wastes originated from living organisms and their metabolic waste products, and from petroleum, which contain naturally produced organic compounds, and which are biologically
decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide, and other simpler organic compounds. Sometimes called biodegradable waste.
ORNGE Organics to Natural Gas and Energy
POTW Publicly Owned Treatment Work
Recycling Using waste as material to manufacture a new product. Recycling involves altering the physical form of an object or material and making a new object from the altered material.
RNG Renewable Natural Gas
SB Senate Bill
SLCP Short-Lived Climate Pollutants
Solid Waste Discarded or abandoned materials. Solid wastes can be solid, liquid, semi-solid or containerized gaseous material.
Waste Objects or materials for which no use or reuse is intended.
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 28
APPENDICES
APPENDIX A – SURVEY RESULTS
Survey participants were asked to mark their progress on a scale from 1 (significant challenges) to 5 (excellent progress) for each of the nine questions. On the following bar graphs, the ‘x’ axis (horizontal) depicts the rating scale from 1 to 5. The ‘y’ axis (vertical) represents the number of respondents that gave themselves a particular rating.
Was your city successful in meeting the goal of reducing organic waste disposal 50% by 2020?
Are you confident that your city will meet the goal of reducing organic waste 75% by 2025?
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2023-2024 Orange County Grand Jury Page 29
How would you rate your city's success in providing organic waste collection services to all residents?
How successful is your city in recycling these organic materials? How would you rate your confidence that city residents have been educated to have sufficient knowledge of the composting requirements (and associated restrictions) with the proper disposal of yard trimmings and food scraps?
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 30
How successful was your city in procuring a quantity of recovered organic waste products annually?
How would you rate your city's success in meeting the record-keeping requirements associated with SB1383, including but not limited to, inspection and enforcement, compliance reviews, investigation of complaints, and alleged violations? How satisfied are you that your current agreements(s) with the hauler(s) that service your city are adequate to comply with all provisions of residential services required by SB1383?
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 31
Are your city's current staffing levels that are, or will become, responsible for all aspects of full SB1383 compliance adequate to meet the tasks at hand? The following examples of additional comments or explanations for their answers to the questions above were provided by survey respondents:
“Comprehensive implementation and effective management of SB 1383 would require additional resources and financial support. Despite our [jurisdiction’s] proactive approach, including securing a new hauler/franchise agreement . . . that aligns with SB 1383's requirements and achieving near-complete adoption of these guidelines, there remains a widespread reluctance towards organic recycling. Ongoing educational efforts are in place and will continue; however, achieving significant behavioral change and compliance will require additional resources.”
“[Our jurisdiction has] been working on compliance regarding SB 1383 with new franchise agreements, building out local infrastructure, meeting the SB 619 procurement targets, providing education and outreach, programs are being implemented to incrementally improve participation and increase diversion. We are increasing staffing levels to help with continued support for compliance as it requires increased effort for more inspections, waste characterizations, more education and outreach, further program development, market creation and development for compost and mulch, inspections, education, and enforcement support. Although meeting the 75% goal requires more heavy lifting, I anticipate we will see incremental improvements from our efforts.”
“SB 1383 has proven to challenge the recycling habits of many throughout the [jurisdiction]. Through updated franchise agreements . . . and CalRecycle grant funding, we have been able to educate and encourage change in disposal habits as required via SB 1383. Additional outreach outlining the requirements and benefits of recycling organic material will be key in successfully transitioning residents and business owners to recycle organic material.”
“[We] started a new franchise agreement after an RFP process . . . . This allowed us to incorporate all hauler-related SB 1383 compliance activities and select an innovative
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 32
organic waste collection program. We are facing procurement challenges as energy related products are not readily available (particularly) RNG for collection vehicles.
Staffing may prove to be a challenge, depending upon the amount of complaints, inspections, and enforcement actions we are required to address.” “Procurement [is our] biggest challenge.”
“Our agreement with [the hauler] required that they implement 1383 compliant programming immediately for residential. It also includes education/outreach, contamination monitoring, purchase or compost/mulch on our behalf. Residential 3-cart was implemented on day one of the agreement. However, even with education, residents are hesitant to participate with food in the organics container due to not being allowed to use compostable bags and therefore attracting bugs and vermin.” “Meeting the annual procurement target presents a significant challenge. [The hauler’s] collection trucks are fueled with RNG. The RNG purchased is California produced, though not SB 1383 qualified. In addition, the formula used to calculate a jurisdiction’s procurement target does not count for density or square miles. Denser areas equal less space to distribute mulch or compost. More people equals higher procurement target.” “As with any new program where you need to change habits and behavior, it is going to a long-term project to get adults in the habit of separating their food scraps. State of CA should implement a statewide outreach campaign, and not just rely on local jurisdictions to provide all the outreach.”
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 33
APPENDIX B – CIRCULAR ECONOMY STARTS IN YOUR KITCHEN
Circular conomy at or
CITY OF FOUNTAIN VALLEY www.fountainvalley.org
10200 SLATER AVENUE FOUNTAIN VALLEY, CA 92708-4736 (714) 593-4400, FAX: (714) 593-4498 August 13, 2024
To: The Honorable Maria Hernandez
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
SUBJECT: Response to the Grand Jury Report titled, “Talking Trash: Recyclables and Organic Waste”
Dear Judge Hernandez,
In accordance with Penal Code 933 and 933.05, the City of Fountain Valley respectfully submits the following response to the findings and recommendations of the 2023-2024 Orange County Grand Jury report titled “Talking Trash: Recyclables and Organic Waste.”
FINDINGS
F1. The majority of Orange County jurisdictions have not yet required their haulers to distribute residential containers that meet the CalRecycle standardized colors, leaving legacy and often incorrect or illegible labeling and embossing in place.
Response: Agree
F2. While a jurisdiction may not delegate its overall responsibility for compliance with State requirements to a hauler, some jurisdictions have designated the task of imposing and collecting fines from residents to the hauler in accordance with State law. However, not all jurisdictions are clear on who ultimately receives and retains the collected fines.
Response: Agree
F3. All jurisdictions will eventually start collecting fines from residents for noncompliance, but some have not yet determined whether the revenues will go into a waste and recycling enterprise fund or into the jurisdiction’s general fund.
Response: Agree
F4. In most jurisdictions, education and outreach is a joint effort between jurisdiction, hauler, and sometimes consultants, with the jurisdiction reviewing the materials before publication. The methods of dissemination vary by jurisdiction and hauler but frequently rely on a resident actively seeking the information, which requires the resident to have some awareness of the new mandates in the first place. Most efforts primarily revolve around intermittent hard-copy paper mailings.
Response: Agree
CITY OF FOUNTAIN VALLEY www.fountainvalley.org
10200 SLATER AVENUE FOUNTAIN VALLEY, CA 92708-4736 (714) 593-4400, FAX: (714) 593-4498 F5. Most jurisdictions currently have no way to accurately determine the effectiveness of their respective education and outreach efforts other than the eventual inspections or audits that will take place.
Response: Agree
F6. There is some concern that there are not enough composting facilities in Orange County to process all organic waste, forcing some jurisdictions/haulers to transport it long distances for processing.
Response: Agree
F7. There is currently no infrastructure in the county that is a State-approved source of Renewable Natural Gas (RNG) and energy from organic waste. Jurisdictions that use vehicles running on RNG procured from non-approved sources cannot count that RNG towards fulfillment of their procurement requirement.
Response: Agree
F8. The formula used by the State to calculate a jurisdiction's procurement target does not account for a jurisdiction’s population density or geographic size (square miles). As such, meeting the annual procurement target presents a significant challenge for most jurisdictions.
Response: Agree
F9. Many Orange County jurisdictions were unable to meet the requirement in SB 1383 to reduce organic waste sent to landfills by the 2020 deadline. It is unlikely the required seventy-five percent reduction will be achieved by the 2025 deadline.
Response: Agree
F10. The current procurement requirements mandated by SB 1383 are unrealistic and likely unachievable by most jurisdictions.
Response: Agree
RECOMENDATIONS
Below is the City of Fountain Valley status on recommendations made within the 2023-2024 Orange County Grand Jury report titled “Talking Trash: Recyclables and Organic Waste.” R1. All jurisdictions should expedite the acquisition and distribution of residential containers that meet the CalRecycle standardized colors. Additionally, until the compliant containers can be distributed, all jurisdictions should ensure the distribution of labeling for non-compliant containers that explain the current SB 1383 requirements applicable to their jurisdiction by June 30, 2025.
Response: This recommendation has been implemented. On August 23, 2022, the City of Fountain Valley and Republic Services agreed to amend the Agreement (CON 06-28) to provide a comprehensive program of additional services to meet the requirements of SB 1383.
Within the current term of the Agreement, Section 24.1 specifies that, “New containers purchased by Contractor after January 1, 2022, are required to meet SB 1383 container colorization and labeling requirements”. In October 2022, residents with green organics Page 344 CITY OF FOUNTAIN VALLEY www.fountainvalley.org
10200 SLATER AVENUE FOUNTAIN VALLEY, CA 92708-4736 (714) 593-4400, FAX: (714) 593-4498 carts were mailed educational information and a label to place on their carts with information on what can and cannot go into the cart. Additionally, all residents with cart service that did not have a green cart received a SB 1383 compliant cart (color and label) by December 2022, along with outreach material about the new cart. Commercial customers were auto enrolled in the program; as of July 1, 2024, 99% of commercial customers are SB 1383 compliant. To date, 100% of our residential green organics and blue recycling containers are SB 1383 color and label compliant. Municipal Solid Waste (MSW) carts are currently brown and have been replaced with black carts since January 1, 2022. Republic Services (the City’s exclusive-franchise hauler) estimates full compliance of MSW carts will be achieved by January 1, 2036, as required by the regulations.
R2. By December 31, 2024, all jurisdictions should ensure their waste hauling agreements are in compliance with State statute so that haulers may be designated to perform certain required tasks but are not improperly delegated overall responsibility for compliance. Additionally, all jurisdictions should ensure that any fines collected by a hauler are forwarded to the jurisdiction.
Response: The recommendation has been implemented. Commercial generators with continued contamination issues are charged contamination fees by the franchised hauler, who retains this revenue. Residential generators are not charged contamination fees but are subject to code enforcement fines for contamination and non-compliance after three (3) violations. The City is planning to collect and deposit residential enforcement fines into an enterprise fund.
R3. The OCGJ recommends that all jurisdictions utilize a dedicated waste and recycling enterprise fund for collection of fines for non-compliance with SB 1383 by December 31, 2024.
Response: The recommendation has been implemented. The City of Fountain Valley is planning to deposit fines that are collected into an enterprise fund.
R4. By December 31, 2024, all jurisdictions should diversify the methods and media used for education and outreach to include, among others, various social media platforms, emails to residents, newspaper, television, flyer mailings, community events, and appearances at other public gatherings.
Response: The recommendation has been implemented. The City is providing education and outreach material in numerous ways, including social media, community presentations, monthly list service newsletter, bi-annual direct mailers, recycling related web pages, and public outreach events (i.e., Compost Giveaways, Egg Hunt, Concerts in the Park, and movie nights).
R5. By December 31, 2024, and in order to gauge the effectiveness of their education and outreach efforts, all jurisdictions should develop new methods to engage residents directly to help determine their awareness of the requirements associated with SB 1383, such as surveys, online quizzes, and door-to-door polling.
Response: The recommendation has been implemented. The City of Fountain Valley believes current education efforts are robust and sufficient. In addition, the City has an online quiz to develop additional feedback. Page 345
CITY OF FOUNTAIN VALLEY www.fountainvalley.org
10200 SLATER AVENUE FOUNTAIN VALLEY, CA 92708-4736 (714) 593-4400, FAX: (714) 593-4498 R6. By June 30, 2025, the OCGJ recommends that all jurisdictions participate in the OCW&R-led efforts to develop a coordinated county-wide approach to the organics recycling infrastructure and programs as well as procurement requirements associated with SB 1383, working towards creating circular economy as a long-term goal.
Response: The recommendation has been implemented. Representatives from the City of Fountain Valley and Republic Services (the City’s exclusive-franchise hauler) attend all meetings and discussions hosted by OC Waste & Recycling.
R7. By December 31, 2024, the Orange County Board of Supervisors and all Orange County cities should lobby appropriate members of the State Legislature and/or CalRecycle to revise the organic waste diversion targets to better reflect Orange County’s waste amounts, revise the jurisdictions’ procurement requirements to better represent the limited options currently available for procurement, the jurisdictions’ varying populations, population densities, and geographic size, and to delay associated enforcement actions by the State.
Response: The recommendation has been implemented. City staff met with CalRecycle staff on April 27, 2023 and urged them to revise numeric targets to better reflect and represent achievable values. Through quarterly meetings with OC Waste & Recycling, the City of Fountain Valley continues to express concerns with the State’s intended target goals and limited resources available to meet SB 1383 mandates. The City is making every effort to meet the required CalRecycle procurement goal through public compost giveaway events, utilizing compost/mulch materials for the City maintained parks and medians (landscaping and weed suppression), erosion control for construction projects, and providing to local farms.
Should you have any questions or require further information please do not hesitate to reach out to the Fountain Valley Environmental Services Administrator, Lia Gountoumas, at 714- 593-4441 or [email protected]
Sincerely,
_________________________
Glenn Grandis, Mayor
City of Fountain Valley
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: August 13, 2024
Members of the City Council
SUBJECT: INTRODUCTION AND FIRST READ OF AN ORDINANCE ADDING SECTION 18.02.025 TO THE FOUNTAIN VALLEY MUNICIPAL CODE TO ESTABLISH THE CITY PLANNING COMMISSION AS THE CITY’S LOCAL
APPEALS BOARD
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
Proposed for City Council consideration is an ordinance adding Section 18.02.025 to the Fountain Valley Municipal Code to create a Local Appeals Board to hear appeals of building and building code related citations. The City’s Planning Commission is proposed to serve as the Local Appeals Board.
DISCUSSION:
All California cities are required by state law to adopt the California Building Code as their jurisdiction’s building code. Section 1.8.8.1 of the California Building Code requires every city to establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency (here, the enforcing agency is the City via its Building and Code Enforcement divisions) relative to the application of regulations governing construction, use, maintenance and change of occupancy.
Local Appeals Board
August 13, 2024
2 The California Building Code further provides that the governing body of any city may establish a local appeals board to hear and decide appeals of orders, decisions and determinations made by the enforcing agency. If a city does not have a local appeals board, the City Council must itself hear and decide such appeals.
Recent case law in California (Temple of 1001 Buddhas v. City of Fremont, 100 Cal. App. 5th 456) cast doubt upon the validity of appeals before single hearing officers adjudicating matters related to building code violations and public nuisance determinations based thereon. Therefore, following that ruling, California cities are creating Local Appeals Boards in order to continue enforcing building code violations without burdening their City Councils with hearing all appeals of building code related matters. Note that, under the proposed ordinance, a decision of the Local Appeals Board can be appealed in the same manner as a decision of the Planning Commission, including by the City Council. (FVMC
21.60.030.)
FISCAL REVIEW:
There is no anticipated financial impact associated with this amendment.
PUBLIC NOTIFICATION:
The First Read of this Ordinance was noticed pursuant to the Ralph M. Brown Act and noticed through the newspaper as a public hearing.
ENVIRONMENTAL IMPACT REVIEW:
There is no anticipated environmental impact associated with this amendment.
ATTORNEY REVIEW:
The Attorney for the City prepared the Ordinance and Staff Report.
ALTERNATIVES:
Alternative No. 1: Introduce and approve a first read of an Ordinance adding Section 18.02.025 to the Fountain Valley Municipal Code to create a Local Appeals Board to hear appeals of building and building code related decisions, citations, and other matters.
This is the recommended alternative for the above reasons.
Alternative No 2.: Do not approve the attached Ordinance.
Local Appeals Board
August 13, 2024
3 RECOMMENDATION:
Staff recommends that the City Council approve Alternative No. 1: Introduce and approve a first read of an Ordinance adding Section 18.02.025 to the Fountain Valley Municipal Code to create a Local Appeals Board to hear appeals of building and building code related decisions, citations, and other matters.
Prepared by Colin Burns, Attorney for the City
Reviewed by: Omar Dadabhoy, Deputy City Manager-Community Development Director
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: Ordinance
1 ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FOUNTAIN VALLEY ADDING SECTION
18.02.025 TO THE FOUNTAIN VALLEY MUNICIPAL
CODE TO ESTABLISH THE CITY PLANNING
COMMISSION AS THE CITY’S LOCAL APPEALS
BOARD
WHEREAS, Section 1.8.8.1 of the California Building Code requires that every city shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application of regulations governing construction, use, maintenance and change of occupancy.
WHEREAS, the California Building Code further provides that the governing body of any city may establish a local appeals board and a housing appeals board to hear and decide appeals of orders, decisions and determinations made by the enforcing agency.
WHEREAS, recent case law in California (Temple of 1001 Buddhas v. City of Fremont, 100 Cal. App. 5th 456) has cast doubt upon the validity of appeals before single hearing officers adjudicating matters related to building code violations and public nuisance determinations based thereupon.
NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows:
Section 1. Section 18.02.025 of the Fountain Valley Municipal Code is added as follows:
18.02.025 Local Appeals Board.
The City of Fountain Valley hereby establishes a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance by the city relating to the same, including Title 18 of the Fountain
Ordinance Amending FVMC 4.40.110
Code Amendment No.
2 Valley Municipal Code. The City Planning Commission shall serve as the City’s Local Appeals Board for this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city.
Except as otherwise provided in law, any person, firm or corporation adversely affected by a decision, order or determination by the city relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance by the city relating to the same, including Title 18 of the Fountain Valley Municipal Code, may appeal the issue for resolution to the Local Appeals Board as appropriate.
A decision of the Local Appeals Board may be appealed by following the procedures for appealing a decision of the Planning Commission contained in Chapter 21.60 of this code.
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this _______ day of ______________, 2024.
ATTEST:
___________________________ _____________________________ Rick Miller Glenn Grandis
City Clerk Mayor
APPROVED AS TO FORM:
HARPER & BURNS LLP
___________________________
Colin Burns
Attorney for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: August 13, 2024
Members of the City Council
SUBJECT: INTRODUCTION AND FIRST READ OF AN ORDINANCE AMENDING FOUNTAIN VALLEY MUNICIPAL CODE § 2.76.080 TO CLARIFY THE
ROLE AND PARTICIPATION OF THE ALTERNATE PLANNING
COMMISSIONER
EXECUTIVE SUMMARY:
Proposed for City Council consideration is an ordinance amending Fountain Valley Municipal Code § 2.76.080 to clarify the role and participation of the Alternate Planning Commissioner. This ordinance clarifies that the Alternate Planning Commissioner may participate in discussions and ask questions during Commission meetings but shall not vote unless serving in place of an absent or disqualified regular member.
DISCUSSION:
The current Fountain Valley Municipal Code § 2.76.080 establishes a City Planning Commission consisting of five regular members appointed by the City Council, with the provision to appoint one alternate member. However, clarification is necessary regarding the alternate member’s participation rights, specifically, current Section 2.76.080 provides for an alternate member who:
“…shall attend all meetings of the commission and who is authorized to serve and vote in place of any regular member of the commission who is absent or who disqualifies…”
It is believed to be the intent of the law that the Alternate Planning Commissioner be able to participate in the discussion even if the Alternate Planning Commissioner is not currently serving in place of an absent or disqualified member. This is particularly important in the case of multi-day items where a regular member maybe present for one
Amend FVMC 2.76.080
August 13, 2024
2 hearing and absent for another, requiring the vote of the Alternate Planning Commissioner. If the Alternate Planning Commissioner is unable to “participate” until there is an absence or disqualification, the Alternate Planning Commissioner would not have been able to ask during a prior hearing that the Alternate Planning Commissioner would need answered to fully inform his or her decision. Further, the Alternate Planning Commissioner will have value to add in comments and questions whether the Alternate Planning Commissioner is voting on an item or not. Therefore, staff proposes that Sectio
2.76.080 be amended, as shown below, to clarify that the Alternate Planning Commissioner can always participate and that the only limitation be that the Alternate Planning Commissioner cannot vote unless serving in place of an absent or disqualified regular member:
“…shall attend, and may participate in, all meetings of the commission and who is authorized to serve and vote in place of any regular member of the commission who is absent or who disqualifies…”
These changes aim to enhance the clarity and fairness of the Planning Commission’s proceedings, ensuring that all members, including the alternate, can contribute effectively to the Commission’s work.
FISCAL REVIEW:
There is no anticipated financial impact associated with this amendment.
PUBLIC NOTIFICATION:
The First Read of this Ordinance was noticed pursuant to the Ralph M. Brown Act and noticed through the newspaper as a public hearing.
ENVIRONMENTAL IMPACT REVIEW:
There is no anticipated environmental impact associated with this amendment.
ATTORNEY REVIEW:
The Attorney for the City prepared the Ordinance and Staff Report.
ALTERNATIVES:
Alternative No. 1: Introduce and approve a first read of an Ordinance amending Fountain Valley Municipal Code § 2.76.080 to clarify the role and participation of the Alternate Planning Commissioner.
This is the recommended alternative for all the above reasons.
Amend FVMC 2.76.080
August 13, 2024
3 Alternative No 2.: Do not approve the attached Ordinance.
RECOMMENDATION:
Staff recommends that the City Council approve Alternative No. 1: Introduce and approve a first read of an Ordinance amending Fountain Valley Municipal Code § 2.76.080 to clarify the role and participation of the Alternate Planning Commissioner.
Prepared by: Vanessa Lassooy, Attorney for the City
Review by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: Ordinance
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FOUNTAIN VALLEY AMENDING
FOUNTAIN VALLEY MUNICIPAL CODE SECTION
2.76.080 TO CLARIFY THE ROLE AND
PARTICIPATION OF THE ALTERNATE PLANNING
COMMISSIONER
WHEREAS, Fountain Valley Municipal Code Section 2.76.080 provides for the establishment of a Planning Commission consisting of five regular members appointed by City Council; and
WHEREAS, Fountain Valley Municipal Code Section 2.76.080 allows for the appointment of an alternate member who shall attend all meetings of the Planning Commission; and
WHEREAS, there is a need for clarification regarding the role and participation rights of the alternate member; and
WHEREAS, it is desirable that the alternate member may participate in discussions and ask questions during commission meetings, but shall not vote unless serving in place of an absent or disqualified regular member; and NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows:
Section 1. Fountain Valley Municipal Code Section 2.76.080 is amended to read as follows:
There shall be a city planning commission that shall consist of five regular members appointed by the city council in accordance with the provisions of this chapter. The city council may appoint one alternate member who shall attend, and may participate in, all meetings of the commission and who is authorized to vote in place of any regular member of the commission who is absent or who disqualifies him or herself from participating on any matter
before the commission. The secretary to the planning commission shall be the planning/building director. The planning/building director, the city engineer and the city attorney or their assistants, may meet with and participate in the discussions of the planning commission, but shall not have a vote.
Section 2. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this _______ day of ______________, 2024.
ATTEST:
___________________________ _____________________________ Rick Miller Glenn Grandis
City Clerk Mayor
APPROVED AS TO FORM:
HARPER & BURNS LLP
___________________________
Colin Burns
Attorney for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: August 13, 2024
Members of the City Council
SUBJECT: INTRODUCTION AND FIRST READ OF AN ORDINANCE AMENDING FOUNTAIN VALLEY MUNICIPAL CODE § 8.55.040, REPEALING
SECTION 8.55.045, AND AMENDING SECTION 12.08.095 TO REMOVE LIMITATIONS ADOPTED AFTER MARTIN V. CITY OF BOISE AND TO CODIFY A 60-DAY STORAGE PERIOD FOR PERSONAL PROPERTY
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
Proposed for City Council consideration is an ordinance amending and repealing sections of the Fountain Valley Municipal Code to remove the limitations adopted after the Martin v. City of Boise decision and to codify a 60-calendar-day storage period for personal property that is removed from public areas.
DISCUSSION:
Following the Court of Appeals’ decision in Martin v. City of Boise, local governments were prohibited from enforcing anti-camping laws against any unhoused individual unless the local jurisdiction had enough shelter beds for every unhoused individual in the jurisdiction. This led to an expansion of the unhoused population in many cities, including Fountain Valley, as unhoused persons were emboldened by Martin to refuse offers of shelter and services, knowing that local jurisdictions did not have enough shelter beds for every unhoused person in their jurisdiction. In other words, if a city had 10 available shelter beds and 11 unhoused persons, the city could not require any unhoused person to accept shelter until the city had shelter beds for every unhoused person.
Amend Anti-Camping Ordinances
August 13, 2024
2 However, this year, the United States Supreme Court reversed Martin v. Boise in its decision Grants Pass v. Johnson. Fountain Valley joined an amicus brief in the Grants Pass case. In reversing Martin, the Supreme Court held that the Eighth Amendment does not prohibit a local government from criminalizing camping in public places and that a ban on camping was not “cruel and unusual” punishment.
The United States Supreme Court further found that states and local governments are authorized to determine for themselves how best to deal with the unhoused crisis and that “essential considerations of federalism,” mandate that the people, and their elected leaders, be able to decide how best to handle a pressing social question like homelessness.
Fountain Valley desires to take a compassionate approach to the unhoused, and first attempt to provide positive reinforcement, services, outreach, and assistance in obtaining temporary and permanent housing. In that regard, the City has spent millions of dollars proving services via City Net, staff time, and in joining the cities of Garden Grove and Westminster in constructing and operating the Central Cities Navigation Center.
Notwithstanding these efforts, however, some unhoused individuals will reject offers of services and shelter from the City, choosing instead to remain in public areas; thereby preventing those areas from being used by the public for the purposes for which they were intended. In such cases, criminal enforcement can be an effective tool to address persons who refuse assistance.
Staff recommends the City Council adopt an ordinance making the following revisions to the Fountain Valley Municipal Code:
Amend Section 8.55.040 as follows:
It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any public area. Any personal property, including camp facilities and camp paraphernalia, stored in any public area may be removed by the City. Any personal property, including camp facilities and camp paraphernalia, that is removed by the City will be stored for a period of sixty calendar days unless the property is abandoned or cause exists to destroy or dispose of the property immediately. City may destroy or otherwise dispose of any personal property, including camp facilities and camp paraphernalia, left in storage for over sixty calendar days.
This change aims to provide notice that personal property may be removed by the City and stored for 60-days, after which time, it may be destroyed. The codification of the 60- day period provides additional due process for persons prior to destruction of such items.
Property may be disposed of immediately if it is abandoned or other cause exists, for example when the property is hazardous (dangerous chemicals) or illegal (drug paraphernalia).
Repeal Section 8.55.045, which currently reads:
Absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, Section 8.55.030 (Unlawful camping) and Section 8.55.040 (Unlawful storage of personal property in public areas) of
Amend Anti-Camping Ordinances
August 13, 2024
3 this chapter will not be enforced against indigent homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031.
This change aims to remove the limitations enacted in 2022 following the Martin v. Boise decision.
Amend Section 12.08.095 as follows:
No person shall store or leave personal property in any city park after its posted closing time or closing event unless said person receives written permission from the city manager, community services director, or city council. City park closing times or closing events shall be set forth via separate council resolution. Any personal property stored or left in any city park after its posted closing time or closing event without written permission from the city manager, community services director, or city council may be removed by city. City shall store said removed personal property for a period of sixty calendar days unless the property is abandoned or cause exists to destroy or dispose of the property immediately. City may destroy or otherwise dispose of any personal property left in storage for over sixty calendar days.
This change ensures consistency between the Municipal Code provisions dealing with general public property contained in Chapter 8.55 and those Code provisions pertaining specifically to City parks contained in Chapter 12.08.
FISCAL REVIEW:
There is no anticipated financial impact associated with this amendment.
PUBLIC NOTIFICATION:
The First Read of this Ordinance was noticed pursuant to the Ralph M. Brown Act and noticed through the newspaper as a public hearing.
ENVIRONMENTAL IMPACT REVIEW:
There is no anticipated environmental impact associated with this amendment.
ATTORNEY REVIEW:
The Attorney for the City prepared the Ordinance and Staff Report.
ALTERNATIVES:
Alternative No. 1: Introduce and approve a first read of an Ordinance amending Fountain Valley Municipal Code § 8.55.040, repealing Section
Amend Anti-Camping Ordinances
August 13, 2024
4 8.55.045, and amending Section 12.08.095 to remove
limitations adopted after Martin v. City of Boise and codify a 60-day storage period for personal property
Alternative No 2.: Do not approve the attached Ordinance.
RECOMMENDATION:
Staff recommends that the City Council approve Alternative No. 1: Introduce and approve a first read of an Ordinance amending Fountain Valley Municipal Code § 8.55.040, repealing Section 8.55.045, and amending Section 12.08.095 to remove limitations adopted after Martin v. City of Boise and codify a 60-day storage period for personal property.
Prepared by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Reviewed by: Rob Frizzelle, Community Services Director Reviewed by: Steve DeSantis, Acting Chief of Police
Approved by: Maggie Le, City Manager
Attachments: Ordinance
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FOUNTAIN VALLEY AMENDING
FOUNTAIN VALLEY MUNICIPAL CODE SECTION
8.55.040, REPEALING SECTION 8.55.045, AND
AMENDING SECTION 12.08.095 TO REMOVE
LIMITATIONS ADOPTED AFTER MARTIN V. CITY
OF BOISE AND TO CODIFY A 60-DAY STORAGE
PERIOD FOR PERSONAL PROPERTY
WHEREAS, following the Court of Appeals’ decision in Martin v. City of Boise, local governments were prohibited from enforcing anti-camping laws against any individual unless the local jurisdiction had enough shelter beds for every unhoused individual in the jurisdiction; and
WHEREAS, following Martin v. Boise, City’s unhoused population expanded, and unhoused persons refused offers by City to relocate to shelters or temporary housing; and
WHEREAS, in 2024, the United States Supreme Court decided Grants Pass v.
Johnson, which reversed Martin v. Boise. In so doing, the Court held that the Eighth Amendment does not prohibit a local government from criminalizing camping in public places and that said ban on camping was not “cruel and unusual punishment;” and WHEREAS, the United States Supreme Court found that the states and local governments are may determine for themselves how best to deal with the unhoused crisis; and
WHEREAS, “essential considerations of federalism,” mandate that the people and their elected leaders decide how best to handle a pressing social question like homelessness; and
WHEREAS, the City of Fountain Valley desires to take a compassionate approach to the unhoused, and provide those persons with positive reinforcement, services, outreach, and assistance in obtaining temporary and permanent housing, and City has
spent millions of dollars proving services via staff time, City Net, and in joining the cities of Garden Grove and Westminster in constructing and operating the Central Cities Navigation Center; and
WHEREAS, some unhoused persons reject offers of services and shelter from the City, choosing instead to remain in public areas; thereby removing those areas from the public use for which they were intended; and
WHEREAS, criminal enforcement is one tool the City may use to address the unhoused crisis, and may be necessary for persons who refuse adequate alternatives.
NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows:
Section 1. Fountain Valley Municipal Code Section 8.55.040 is amended to read as follows:
It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any public area. Any personal property, including camp facilities and camp paraphernalia, stored in any public area may be removed by the City. Any personal property, including camp facilities and camp paraphernalia, that is removed by the City will be stored for a period of sixty calendar days unless the property is abandoned or cause exists to destroy or dispose of the property immediately. City may destroy or otherwise dispose of any personal property, including camp facilities and camp paraphernalia, left in storage for over sixty calendar days.
Section 2. Fountain Valley Municipal Code Section 8.55.045 is repealed.
Section 3. Fountain Valley Municipal Code Section 12.08.095 is amended to read as follows:
No person shall store or leave personal property in any city park after its posted closing time or closing event unless said person receives written permission from the city manager, community services director, or city council. City park closing
times or closing events shall be set forth via separate council resolution. Any personal property stored or left in any city park after its posted closing time or closing event without written permission from the city manager, community services director, or city council may be removed by city. City shall store said removed personal property for a period of sixty calendar days unless the property is abandoned or cause exists to destroy or dispose of the property immediately.
City may destroy or otherwise dispose of any personal property left in storage for over sixty calendar days.
Section 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this _______ day of ______________, 2024.
ATTEST:
___________________________ _____________________________ Rick Miller Glenn Grandis
City Clerk Mayor
APPROVED AS TO FORM:
HARPER & BURNS LLP
___________________________
Colin Burns
Attorney for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: August 13, 2024
Members of the City Council
SUBJECT: Adopt a Resolution of the City Council of the City of Fountain Valley Appointing Michael Ishii, Interim Police Chief Government Code Section 21221(h) and Approving a Retired Annuitant Contract
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY:
City Council to adopt a resolution appointing Michael Ishii and approve a retired annuitant contract.
DISCUSSION:
The City currently has an active recruitment open to find a permanent replacement to fill the Police Chief role. The City Manager has a desire to maintain continuity in the Police Department and appointing an interim Police Chief is necessary to fill a critically needed position until a permanent replacement is appointed. The term of the agreement is effective as of August 5, 2024, and shall remain and continue in effect until and including August 5, 2025, or until the successful hiring of a permanent Police Chief, whichever occurs first.
Michael is retired from the City of Hawthorne where he served for 32 years, 4 years as Police Chief. Michael has the necessary skills and experience to assist the department with the critical functions and responsibilities during the vacancy. The appointment will not exceed 960 hours within a fiscal year and will be compensated at Step 5 of the Police Chief salary range.
The classification salary range is listed on the City’s Salary Schedule and made publically available on the City’s website. The interim appointment is not eligible for any other forms of pay, benefits or leave accruals while serving in a retired annuitant appointment.
Due to the Public Employees’ Pension Reform Act of 2013 (PEPRA, Assembly Bill 340), Senate Bill 1021 & Senate Bill 13 established new requirements for post-retirement
Approve Employment Contract
August 13, 2024
employment of CalPERS retirees. Effective January 1, 2013, retirees can be hired into retired annuitant interim positions approved by the governing body of the employer, as authorized by Government Code sections 7522.56 and 21221(h) during an active recruitment for a permanent replacement for the vacant position. Michael has met the requirements under the above government codes and has bona fide separation in service of 180-day wait period or more.
FISCAL REVIEW:
Funds allocated in the current Fiscal Year 2024-2025 budget includes sufficient funding. Salary budgeted for the Fiscal Year 2024-2025 for the full-time Police Chief position can be applied to the Interim Police Chief until the position is permanently filled.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
Attorneys for the City have reviewed and approved this agreement as to form.
ALTERNATIVES:
Alternative No. 1:
Alternative No. 2:
RECOMMENDATION:
Adopt a Resolution Appointing Michael Ishii as an Interim Police Chief and approving a Retired Annuitant Contract.
Do not adopt a Resolution Appointing Michael Ishii as an Interim Police Chief and do not approve a Retired Annuitant Contract.
Staff is requesting City Council approval of Alternative No. 1 to Adopt a Resolution appointing Michael Ishii as an Interim Police Chief and approving a Retired Annuitant Contract.
Prepared by: Carrie Hanes, Human Resources Director
Reviewed by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
1. Resolution
2. Contract
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: August 13, 2024
Members of the City Council
SUBJECT: Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employees’ Retirement System Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☒ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule for all represented and unrepresented employee classifications of the City of Fountain Valley, covered by the City’s Classification and Compensation Plan, to conform with Title 2 of the California Code of Regulations Section 570.5, listing all employee pay rates on a publicly available master salary schedule approved and adopted by City Council and superseding all provisions contained in Resolution No. 9911, and all subsequent salary schedule resolutions, which pertain to the Classification and Compensation of city employees.
DISCUSSION:
The City Council of the City of Fountain Valley establishes a basic compensation plan for City employees in all of the classifications of employment.
Adoption of this Resolution (Attachment 1) will supersede all provisions contained in Resolution No. 9911, with the following changes to the City’s Master Salary Schedule:
1. Cost of living (COLA) salary adjustments to reflect the agreed upon Memorandums of Understanding (MOU) for applicable units, effective the pay period including July 1, 2024.
City Council Request
Resolution to Approve City’s Salary Schedule
2. Hourly rate adjustments for eligible part-time classifications with a full-time classification equivalent to reflect the adopted MOU COLA increases effective the pay period including July 1, 2024.
3. Hourly rate adjustments to the part-time classifications of Firefighter Recruit and Paramedic Recruit per Resolution No. 9894, effective in the pay period including July 1, 2024.
Adoption of this Resolution (Exhibit 1) will comply with CalPERS’ interpretation of the requirements of Title 2 of the California Code of Regulations section 570.5 by affirming the City’s Master Salary Schedule already on the City’s website and publically available and representing all previously approved actions on individual employee classifications set forth as part of the salary schedule.
FISCAL REVIEW:
There is no fiscal impact related to the adoption of the salary schedule resolution. The current adopted budget includes sufficient funding for all approved positions on the salary schedule.
Salary-related expenditures are allocated to the appropriate general ledger accounts as defined in the Fiscal Year 2024-25 Annual Budget.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney(s) for the City has reviewed and approved the Resolution.
ALTERNATIVES:
Alternative No. 1:
Alternative No. 2:
Adopt a Resolution effecting changes to the City’s Master Salary Schedule.
Do not adopt a Resolution effecting changes to the City’s Master Salary Schedule, and provide direction to staff.
City Council Request
Resolution to Approve City’s Salary Schedule
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1 by adopting the attached Resolution, which amends the City’s Salary Schedule to reflect these changes.
Prepared by: Carrie Hanes, Human Resources Director
Reviewed by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
1. Resolution
Exhibits: 1. Salary Schedule
Type Step 1 Step 2 Step 3 Step 4 Step 5
6/22/2024 Annual $ 96,861.14 $ 101,704.20 $ 106,789.42 $ 112,128.89 $ 117,735.33 Monthly $ 8,071.76 $ 8,475.35 $ 8,899.12 $ 9,344.07 $ 9,811.28 Bi-weekly $ 3,725.43 $ 3,911.70 $ 4,107.29 $ 4,312.65 $ 4,528.28 Hourly $ 46.5679 $ 48.8963 $ 51.3411 $ 53.9081 $ 56.6035 Annual $ 92,240.36 $ 96,852.37 $ 101,694.99 $ 106,779.73 $ 112,118.72 Monthly $ 7,686.70 $ 8,071.03 $ 8,474.58 $ 8,898.31 $ 9,343.23 Bi-weekly $ 3,547.71 $ 3,725.09 $ 3,911.35 $ 4,106.91 $ 4,312.26 Hourly $ 44.3464 $ 46.5636 $ 48.8919 $ 51.3364 $ 53.9033 Annual $ 119,061.59 $ 125,014.68 $ 131,265.41 $ 137,828.68 $ 144,720.12 Monthly $ 9,921.80 $ 10,417.89 $ 10,938.78 $ 11,485.72 $ 12,060.01 Bi-weekly $ 4,579.29 $ 4,808.26 $ 5,048.67 $ 5,301.10 $ 5,566.16 Hourly $ 57.2411 $ 60.1033 $ 63.1084 $ 66.2638 $ 69.5770 Type Step 1 Step 2 Step 3 Step 4 Step 5
Annual $ 145,903.04 $ 153,198.19 $ 160,858.10 $ 168,901.00 $ 177,346.05 Monthly $ 12,158.59 $ 12,766.52 $ 13,404.84 $ 14,075.08 $ 14,778.84 Bi-weekly $ 5,611.66 $ 5,892.24 $ 6,186.85 $ 6,496.19 $ 6,821.00 Hourly $ 70.1458 $ 73.6530 $ 77.3356 $ 81.2024 $ 85.2625 Annual $ 166,474.87 $ 174,798.61 $ 183,538.54 $ 192,715.47 $ 202,351.25 Monthly $ 13,872.91 $ 14,566.55 $ 15,294.88 $ 16,059.62 $ 16,862.60 Bi-weekly $ 6,402.88 $ 6,723.02 $ 7,059.17 $ 7,412.13 $ 7,782.74 Hourly $ 80.0360 $ 84.0378 $ 88.2396 $ 92.6516 $ 97.2843 Type Step 1 Step 2 Step 3 Step 4 Step 5
6/22/2024 Annual $ 113,575.92 $ 119,254.72 $ 125,217.46 $ 131,478.33 $ 138,052.24 Monthly $ 9,464.66 $ 9,937.89 $ 10,434.79 $ 10,956.53 $ 11,504.35 Bi-weekly $ 4,368.30 $ 4,586.72 $ 4,816.06 $ 5,056.86 $ 5,309.70 Hourly $ 39.0027 $ 40.9529 $ 43.0005 $ 45.1505 $ 47.4080 Annual $ 98,048.51 $ 102,950.93 $ 108,098.47 $ 113,503.40 $ 119,178.56 Monthly $ 8,170.71 $ 8,579.24 $ 9,008.21 $ 9,458.62 $ 9,931.55 Bi-weekly $ 3,771.10 $ 3,959.65 $ 4,157.63 $ 4,365.52 $ 4,583.79 Hourly $ 33.6705 $ 35.3540 $ 37.1217 $ 38.9779 $ 40.9267 Annual $ 84,784.03 $ 89,023.24 $ 93,474.40 $ 98,148.12 $ 103,055.52 Monthly $ 7,065.34 $ 7,418.60 $ 7,789.53 $ 8,179.01 $ 8,587.96 Bi-weekly $ 3,260.92 $ 3,423.97 $ 3,595.17 $ 3,774.93 $ 3,963.67 Hourly $ 29.1154 $ 30.5712 $ 32.0997 $ 33.7047 $ 35.3899 Annual $ 97,077.73 $ 101,931.62 $ 107,028.20 $ 112,379.61 $ 117,998.60 Monthly $ 8,089.81 $ 8,494.30 $ 8,919.02 $ 9,364.97 $ 9,833.22 Bi-weekly $ 3,733.76 $ 3,920.45 $ 4,116.47 $ 4,322.29 $ 4,538.41 Hourly $ 33.3371 $ 35.0040 $ 36.7542 $ 38.5919 $ 40.5215 Annual $ 130,839.47 $ 137,381.44 $ 144,250.51 $ 151,463.04 $ 159,036.19 Monthly $ 10,903.29 $ 11,448.45 $ 12,020.88 $ 12,621.92 $ 13,253.02 Bi-weekly $ 5,032.29 $ 5,283.90 $ 5,548.10 $ 5,825.50 $ 6,116.78 Hourly $ 62.9036 $ 66.0488 $ 69.3513 $ 72.8188 $ 76.4598 Type Step 1 Step 2 Step 3 Step 4 Step 5
Annual $ 158,775.39 $ 166,714.15 $ 175,049.86 $ 183,802.35 $ 192,992.47 Monthly $ 13,231.28 $ 13,892.85 $ 14,587.49 $ 15,316.86 $ 16,082.71 Bi-weekly $ 6,106.75 $ 6,412.08 $ 6,732.69 $ 7,069.32 $ 7,422.79 Hourly $ 54.5246 $ 57.2507 $ 60.1133 $ 63.1189 $ 66.2749 Annual $ 158,775.39 $ 166,714.15 $ 175,049.86 $ 183,802.35 $ 192,992.47 Monthly $ 13,231.28 $ 13,892.85 $ 14,587.49 $ 15,316.86 $ 16,082.71 Bi-weekly $ 6,106.75 $ 6,412.08 $ 6,732.69 $ 7,069.32 $ 7,422.79 Hourly $ 76.3343 $ 80.1510 $ 84.1586 $ 88.3665 $ 92.7848 Annual $ 173,065.17 $ 181,718.43 $ 190,804.35 $ 200,344.57 $ 210,361.80 Monthly $ 14,422.10 $ 15,143.20 $ 15,900.36 $ 16,695.38 $ 17,530.15 Bi-weekly $ 6,656.35 $ 6,989.17 $ 7,338.63 $ 7,705.56 $ 8,090.84 Hourly $ 59.4317 $ 62.4033 $ 65.5235 $ 68.7996 $ 72.2396 Type Step 1 Step 2 Step 3 Step 4 Step 5
Annual $ 85,331.79 $ 89,598.38 $ 94,078.30 $ 98,782.22 $ 103,721.33 Monthly $ 7,110.9825 $ 7,466.5317 $ 7,839.8583 $ 8,231.8517 $ 8,643.4442 Bi-weekly $ 3,281.9919 $ 3,446.0915 $ 3,618.3962 $ 3,799.3162 $ 3,989.2819 Hourly $ 41.0249 $ 43.0761 $ 45.2300 $ 47.4915 $ 49.8660 Annual $ 139,071.58 $ 146,025.16 $ 153,326.42 $ 160,992.74 $ 169,042.38 Monthly $ 11,589.2983 $ 12,168.7633 $ 12,777.2017 $ 13,416.0617 $ 14,086.8650 Bi-weekly $ 5,348.9069 $ 5,616.3523 $ 5,897.1700 $ 6,192.0285 $ 6,501.6300 Hourly $ 66.8613 $ 70.2044 $ 73.7146 $ 77.4004 $ 81.2704 Annual $ 87,467.47 $ 91,840.84 $ 96,432.88 $ 101,254.52 $ 106,317.25 Monthly $ 7,288.9558 $ 7,653.4033 $ 8,036.0733 $ 8,437.8767 $ 8,859.7708 Bi-weekly $ 3,364.1335 $ 3,532.3400 $ 3,708.9569 $ 3,894.4046 $ 4,089.1250 Hourly $ 42.0517 $ 44.1543 $ 46.3620 $ 48.6801 $ 51.1141 Annual $ 89,140.93 $ 93,597.98 $ 98,277.88 $ 103,191.77 $ 108,351.36 Monthly $ 7,428.4108 $ 7,799.8317 $ 8,189.8233 $ 8,599.3142 $ 9,029.2800 Bi-weekly $ 3,428.4973 $ 3,599.9223 $ 3,779.9185 $ 3,968.9142 $ 4,167.3600 Hourly $ 42.8562 $ 44.9990 $ 47.2490 $ 49.6114 $ 52.0920 Annual $ 161,915.00 $ 170,010.75 $ 178,511.29 $ 187,436.85 $ 196,808.69 Monthly $ 13,492.9167 $ 14,167.5625 $ 14,875.9408 $ 15,619.7375 $ 16,400.7242 Bi-weekly $ 6,227.5000 $ 6,538.8750 $ 6,865.8188 $ 7,209.1096 $ 7,569.5650 Hourly $ 77.8438 $ 81.7359 $ 85.8227 $ 90.1139 $ 94.6196 City of Fountain Valley Salary Schedule
City Council Meeting 8/13/2024
P&T 1/1/2024 P50 Deputy Public Works Director/City
P09 Community Services Supervisor
P&T
Engineer
P&T 1/1/2024
P&T 1/1/2024 P46 Crime Analyst
Bargaining Effective Class Classification
BC 6/22/2024
Bargaining Effective Class Classification
BC 6/22/2024 P23 Battalion Chief - 40 Hour
FVFA 6/22/2024 F06 Admin Fire Capt
FVFA 6/22/2024 F04 Firefighter/Paramedic
FVFA 6/22/2024 F03 Firefighter
FVFA 6/22/2024 F02 Fire Engineer
FVFA F01 Fire Captain
Bargaining Effective Class Classification
POMU 6/22/2024 O01 Police Captain
Bargaining Effective Class Classification
Bargaining Unit Codes:
POA: Fountain Valley Police Officers' Association
POMU: Fountain Valley Peace Officers' Management Unit
FVFA: Fountain Valley Firefighters' Association IAFF Local 4530 BC: Individually Represented Battalion Chiefs
P&T: Professional/Technical Unit
IRP&T: Individually Represented Professional/Technical Employee FVGEA: Fountain Valley General Employees' Association
FVMEA: Fountain Valley Municipal Employees' Association DD: Department Directors (non-represented)
PT: Part-time employees (non-represented)
POA 6/22/2024 O03 Police Sergeant
POA 6/22/2024 O04 Police Officer
Bargaining Effective Class Classification
POA O08 Corporal
P23 Battalion Chief
POMU 6/22/2024 O02 Police Lieutenant
BC 6/22/2024 P56 Division Chief
1/1/2024
1/1/2024 P57 Building Official
P&T P67 Associate Planner
Annual $ 119,844.00 $ 125,836.20 $ 132,128.01 $ 138,734.41 $ 145,671.13 Monthly $ 9,987.0000 $ 10,486.3500 $ 11,010.6675 $ 11,561.2008 $ 12,139.2608 Bi-weekly $ 4,609.3846 $ 4,839.8538 $ 5,081.8465 $ 5,335.9388 $ 5,602.7358 Hourly $ 57.6173 $ 60.4982 $ 63.5231 $ 66.6992 $ 70.0342 Annual $ 114,006.98 $ 119,707.33 $ 125,692.70 $ 131,977.34 $ 138,576.21 Monthly $ 9,500.5817 $ 9,975.6108 $ 10,474.3917 $ 10,998.1117 $ 11,548.0175 Bi-weekly $ 4,384.8838 $ 4,604.1281 $ 4,834.3346 $ 5,076.0515 $ 5,329.8542 Hourly $ 54.8110 $ 57.5516 $ 60.4292 $ 63.4506 $ 66.6232 Annual $ 105,429.58 $ 110,701.06 $ 116,236.11 $ 122,047.92 $ 128,150.32 Monthly $ 8,785.7983 $ 9,225.0883 $ 9,686.3425 $ 10,170.6600 $ 10,679.1933 Bi-weekly $ 4,054.9838 $ 4,257.7331 $ 4,470.6196 $ 4,694.1508 $ 4,928.8585 Hourly $ 50.6873 $ 53.2217 $ 55.8827 $ 58.6769 $ 61.6107 Annual $ 146,736.55 $ 154,073.38 $ 161,777.05 $ 169,865.90 $ 178,359.20 Monthly $ 12,228.0458 $ 12,839.4483 $ 13,481.4208 $ 14,155.4917 $ 14,863.2667 Bi-weekly $ 5,643.7135 $ 5,925.8992 $ 6,222.1942 $ 6,533.3038 $ 6,859.9692 Hourly $ 70.5464 $ 74.0737 $ 77.7774 $ 81.6663 $ 85.7496 Annual $ 133,821.65 $ 140,512.73 $ 147,538.37 $ 154,915.29 $ 162,661.05 Monthly $ 11,151.8042 $ 11,709.3942 $ 12,294.8642 $ 12,909.6075 $ 13,555.0875 Bi-weekly $ 5,146.9865 $ 5,404.3358 $ 5,674.5527 $ 5,958.2804 $ 6,256.1942 Hourly $ 64.3373 $ 67.5542 $ 70.9319 $ 74.4785 $ 78.2024 Annual $ 110,126.43 $ 115,632.75 $ 121,414.39 $ 127,485.11 $ 133,859.37 Monthly $ 9,177.2025 $ 9,636.0625 $ 10,117.8658 $ 10,623.7592 $ 11,154.9475 Bi-weekly $ 4,235.6319 $ 4,447.4135 $ 4,669.7842 $ 4,903.2735 $ 5,148.4373 Hourly $ 52.9454 $ 55.5927 $ 58.3723 $ 61.2909 $ 64.3555 Annual $ 143,253.80 $ 150,416.49 $ 157,937.31 $ 165,834.18 $ 174,125.89 Monthly $ 11,937.8167 $ 12,534.7075 $ 13,161.4425 $ 13,819.5150 $ 14,510.4908 Bi-weekly $ 5,509.7615 $ 5,785.2496 $ 6,074.5119 $ 6,378.2377 $ 6,697.1496 Hourly $ 68.8720 $ 72.3156 $ 75.9314 $ 79.7280 $ 83.7144 Annual $ 95,435.97 $ 100,207.77 $ 105,218.16 $ 110,479.07 $ 116,003.02 Monthly $ 7,952.9975 $ 8,350.6475 $ 8,768.1800 $ 9,206.5892 $ 9,666.9183 Bi-weekly $ 3,670.6142 $ 3,854.1450 $ 4,046.8523 $ 4,249.1950 $ 4,461.6546 Hourly $ 45.8827 $ 48.1768 $ 50.5857 $ 53.1149 $ 55.7707 Annual $ 89,140.93 $ 93,597.98 $ 98,277.88 $ 103,191.77 $ 108,351.36 Monthly $ 7,428.4108 $ 7,799.8317 $ 8,189.8233 $ 8,599.3142 $ 9,029.2800 Bi-weekly $ 3,428.4973 $ 3,599.9223 $ 3,779.9185 $ 3,968.9142 $ 4,167.3600 Hourly $ 42.8562 $ 44.9990 $ 47.2490 $ 49.6114 $ 52.0920 Annual $ 80,226.83 $ 84,238.17 $ 88,450.08 $ 92,872.58 $ 97,516.21 Monthly $ 6,685.5692 $ 7,019.8475 $ 7,370.8400 $ 7,739.3817 $ 8,126.3508 Bi-weekly $ 3,085.6473 $ 3,239.9296 $ 3,401.9262 $ 3,572.0223 $ 3,750.6235 Hourly $ 38.5706 $ 40.4991 $ 42.5241 $ 44.6503 $ 46.8828 Annual $ 115,003.20 $ 120,753.36 $ 126,791.03 $ 133,130.58 $ 139,787.11 Monthly $ 9,583.6000 $ 10,062.7800 $ 10,565.9192 $ 11,094.2150 $ 11,648.9258 Bi-weekly $ 4,423.2000 $ 4,644.3600 $ 4,876.5781 $ 5,120.4069 $ 5,376.4273 Hourly $ 55.2900 $ 58.0545 $ 60.9572 $ 64.0051 $ 67.2053 Annual $ 127,452.42 $ 133,825.04 $ 140,516.29 $ 147,542.10 $ 154,919.21 Monthly $ 10,621.0350 $ 11,152.0867 $ 11,709.6908 $ 12,295.1750 $ 12,909.9342 Bi-weekly $ 4,902.0162 $ 5,147.1169 $ 5,404.4727 $ 5,674.6962 $ 5,958.4312 Hourly $ 61.2752 $ 64.3390 $ 67.5559 $ 70.9337 $ 74.4804 Annual $ 125,600.10 $ 131,880.11 $ 138,474.12 $ 145,397.83 $ 152,667.72 Monthly $ 10,466.6750 $ 10,990.0092 $ 11,539.5100 $ 12,116.4858 $ 12,722.3100 Bi-weekly $ 4,830.7731 $ 5,072.3119 $ 5,325.9277 $ 5,592.2242 $ 5,871.8354 Hourly $ 60.3847 $ 63.4039 $ 66.5741 $ 69.9028 $ 73.3979 Annual $ 136,805.66 $ 143,645.94 $ 150,828.24 $ 158,369.65 $ 166,288.13 Monthly $ 11,400.4717 $ 11,970.4950 $ 12,569.0200 $ 13,197.4708 $ 13,857.3442 Bi-weekly $ 5,261.7562 $ 5,524.8438 $ 5,801.0862 $ 6,091.1404 $ 6,395.6973 Hourly $ 65.7720 $ 69.0605 $ 72.5136 $ 76.1393 $ 79.9462 Annual $ 95,435.97 $ 100,207.77 $ 105,218.16 $ 110,479.07 $ 116,003.02 Monthly $ 7,952.9975 $ 8,350.6475 $ 8,768.1800 $ 9,206.5892 $ 9,666.9183 Bi-weekly $ 3,670.6142 $ 3,854.1450 $ 4,046.8523 $ 4,249.1950 $ 4,461.6546 Hourly $ 45.8827 $ 48.1768 $ 50.5857 $ 53.1149 $ 55.7707 Annual $ 110,373.20 $ 115,891.86 $ 121,686.45 $ 127,770.77 $ 134,159.31 Monthly $ 9,197.7667 $ 9,657.6550 $ 10,140.5375 $ 10,647.5642 $ 11,179.9425 Bi-weekly $ 4,245.1231 $ 4,457.3792 $ 4,680.2481 $ 4,914.2604 $ 5,159.9735 Hourly $ 53.0640 $ 55.7172 $ 58.5031 $ 61.4283 $ 64.4997 Annual $ 123,945.70 $ 130,142.99 $ 136,650.14 $ 143,482.65 $ 150,656.78 Monthly $ 10,328.8083 $ 10,845.2492 $ 11,387.5117 $ 11,956.8875 $ 12,554.7317 Bi-weekly $ 4,767.1423 $ 5,005.4996 $ 5,255.7746 $ 5,518.5635 $ 5,794.4915 Hourly $ 59.5893 $ 62.5687 $ 65.6972 $ 68.9820 $ 72.4311 Annual $ 76,689.60 $ 80,524.08 $ 84,550.28 $ 88,777.79 $ 93,216.68 Monthly $ 6,390.8000 $ 6,710.3400 $ 7,045.8567 $ 7,398.1492 $ 7,768.0567 Bi-weekly $ 2,949.6000 $ 3,097.0800 $ 3,251.9338 $ 3,414.5304 $ 3,585.2569 Hourly $ 36.8700 $ 38.7135 $ 40.6492 $ 42.6816 $ 44.8157 Annual $ 125,413.13 $ 131,683.79 $ 138,267.98 $ 145,181.38 $ 152,440.45 Monthly $ 10,451.0942 $ 10,973.6492 $ 11,522.3317 $ 12,098.4483 $ 12,703.3708 Bi-weekly $ 4,823.5819 $ 5,064.7612 $ 5,317.9992 $ 5,583.8992 $ 5,863.0942 Hourly $ 60.2948 $ 63.3095 $ 66.4750 $ 69.7987 $ 73.2887 Annual $ 111,865.81 $ 117,459.10 $ 123,332.06 $ 129,498.66 $ 135,973.59 Monthly $ 9,322.1508 $ 9,788.2583 $ 10,277.6717 $ 10,791.5550 $ 11,331.1325 Bi-weekly $ 4,302.5312 $ 4,517.6577 $ 4,743.5408 $ 4,980.7177 $ 5,229.7535 Hourly $ 53.7816 $ 56.4707 $ 59.2943 $ 62.2590 $ 65.3719 Annual $ 86,531.54 $ 90,858.11 $ 95,401.02 $ 100,171.07 $ 105,179.62 Monthly $ 7,210.9617 $ 7,571.5092 $ 7,950.0850 $ 8,347.5892 $ 8,764.9683 Bi-weekly $ 3,328.1362 $ 3,494.5427 $ 3,669.2700 $ 3,852.7335 $ 4,045.3700 Hourly $ 41.6017 $ 43.6818 $ 45.8659 $ 48.1592 $ 50.5671 Annual $ 103,070.84 $ 108,224.38 $ 113,635.60 $ 119,317.38 $ 125,283.25 Monthly $ 8,589.2367 $ 9,018.6983 $ 9,469.6333 $ 9,943.1150 $ 10,440.2708 Bi-weekly $ 3,964.2631 $ 4,162.4762 $ 4,370.6000 $ 4,589.1300 $ 4,818.5865 Hourly $ 49.5533 $ 52.0310 $ 54.6325 $ 57.3641 $ 60.2323 P69 Neighborhood Improvement Manager
P70 Revenue Supervisor
P&T 1/1/2024 P68 Senior Public Works Inspector
P&T 1/1/2024 P30 Sewer/Storm Drain Supervisor
P&T 1/1/2024 P53 Senior Planner
P&T 1/1/2024 P34 Senior Civil Engineer
P&T 1/1/2024 P08 Recreation and Community
Services Manager
P&T 1/1/2024
P&T 1/1/2024 P03 Purchasing Manager
P&T 1/1/2024 P42 Public Services Supervisor
P&T 1/1/2024 P35 Principal Civil Engineer
P&T 1/1/2024 P07A Principal Planner (new hire)
P&T 1/1/2024 P07 Principal Planner
P&T 1/1/2024 P65 Management Specialist
P&T 1/1/2024
P&T 1/1/2024 P64 Management Analyst
P&T 1/1/2024 P41 Internal Services Supervisor
P&T 1/1/2024 P10 Information Technology Manager
P&T 1/1/2024 P05 Housing Coordinator
P&T 1/1/2024 P48 Fire Marshal
P&T 1/1/2024 P25 Field Services Manager
Administrator
P&T 1/1/2024 P31 Environmental Services
P&T 1/1/2024 P20 Engineering Associate
P&T 1/1/2024 P55 Emergency Medical Services
Manager
Annual $ 111,352.53 $ 116,920.16 $ 122,766.17 $ 128,904.48 $ 135,349.70 Monthly $ 9,279.3775 $ 9,743.3467 $ 10,230.5142 $ 10,742.0400 $ 11,279.1417 Bi-weekly $ 4,282.7896 $ 4,496.9292 $ 4,721.7758 $ 4,957.8646 $ 5,205.7577 Hourly $ 53.5349 $ 56.2116 $ 59.0222 $ 61.9733 $ 65.0720 Annual $ 90,966.17 $ 95,514.48 $ 100,290.20 $ 105,304.71 $ 110,569.95 Monthly $ 7,580.5142 $ 7,959.5400 $ 8,357.5167 $ 8,775.3925 $ 9,214.1625 Bi-weekly $ 3,498.6988 $ 3,673.6338 $ 3,857.3154 $ 4,050.1812 $ 4,252.6904 Hourly $ 43.7337 $ 45.9204 $ 48.2164 $ 50.6273 $ 53.1586 Annual $ 105,132.26 $ 110,388.87 $ 115,908.31 $ 121,703.73 $ 127,788.92 Monthly $ 8,761.0217 $ 9,199.0725 $ 9,659.0258 $ 10,141.9775 $ 10,649.0767 Bi-weekly $ 4,043.5485 $ 4,245.7258 $ 4,458.0119 $ 4,680.9127 $ 4,914.9585 Hourly $ 50.5444 $ 53.0716 $ 55.7251 $ 58.5114 $ 61.4370 Step 1 Step 2 Step 3 Step 4 Step 5
Annual $ 130,737.96 $ 137,274.86 $ 144,138.60 $ 151,345.53 $ 158,912.81 Monthly $ 10,894.83 $ 11,439.57 $ 12,011.55 $ 12,612.13 $ 13,242.73 Bi-weekly $ 5,028.38 $ 5,279.80 $ 5,543.79 $ 5,820.98 $ 6,112.03 Hourly $ 62.8548 $ 65.9975 $ 69.2974 $ 72.7623 $ 76.4004 Annual $ 130,737.96 $ 137,274.86 $ 144,138.60 $ 151,345.53 $ 158,912.81 Monthly $ 10,894.83 $ 11,439.57 $ 12,011.55 $ 12,612.13 $ 13,242.73 Bi-weekly $ 5,028.38 $ 5,279.80 $ 5,543.79 $ 5,820.98 $ 6,112.03 Hourly $ 62.8548 $ 65.9975 $ 69.2974 $ 72.7623 $ 76.4004 Annual $ 130,745.36 $ 137,282.62 $ 144,146.76 $ 151,354.09 $ 158,921.80 Monthly $ 10,895.45 $ 11,440.22 $ 12,012.23 $ 12,612.84 $ 13,243.48 Bi-weekly $ 5,028.67 $ 5,280.10 $ 5,544.11 $ 5,821.31 $ 6,112.38 Hourly $ 62.8584 $ 66.0013 $ 69.3014 $ 72.7664 $ 76.4048 Annual $ 92,482.08 $ 97,106.18 $ 101,961.50 $ 107,059.58 $ 112,412.56 Monthly $ 7,706.84 $ 8,092.18 $ 8,496.79 $ 8,921.63 $ 9,367.71 Bi-weekly $ 3,557.00 $ 3,734.85 $ 3,921.60 $ 4,117.68 $ 4,323.56 Hourly $ 44.4625 $ 46.6856 $ 49.0200 $ 51.4710 $ 54.0445 Annual $ 87,403.65 $ 91,773.83 $ 96,362.52 $ 101,180.64 $ 106,239.67 Monthly $ 7,283.64 $ 7,647.82 $ 8,030.21 $ 8,431.72 $ 8,853.31 Bi-weekly $ 3,361.68 $ 3,529.76 $ 3,706.25 $ 3,891.56 $ 4,086.14 Hourly $ 42.0210 $ 44.1220 $ 46.3281 $ 48.6445 $ 51.0768 Annual $ 138,682.75 $ 145,616.89 $ 152,897.73 $ 160,542.62 $ 168,569.75 Monthly $ 11,556.90 $ 12,134.74 $ 12,741.48 $ 13,378.55 $ 14,047.48 Bi-weekly $ 5,333.95 $ 5,600.65 $ 5,880.68 $ 6,174.72 $ 6,483.45 Hourly $ 66.6744 $ 70.0081 $ 73.5085 $ 77.1840 $ 81.0431 Annual $ 87,184.97 $ 91,544.22 $ 96,121.43 $ 100,927.50 $ 105,973.87 Monthly $ 7,265.41 $ 7,628.69 $ 8,010.12 $ 8,410.62 $ 8,831.16 Bi-weekly $ 3,353.27 $ 3,520.93 $ 3,696.98 $ 3,881.83 $ 4,075.92 Hourly $ 41.9159 $ 44.0116 $ 46.2123 $ 48.5229 $ 50.9490 Annual $ 92,706.57 $ 97,341.90 $ 102,209.00 $ 107,319.44 $ 112,685.41 Monthly $ 7,725.55 $ 8,111.82 $ 8,517.42 $ 8,943.29 $ 9,390.45 Bi-weekly $ 3,565.64 $ 3,743.92 $ 3,931.12 $ 4,127.67 $ 4,334.05 Hourly $ 44.5705 $ 46.7990 $ 49.1390 $ 51.5959 $ 54.1756 Annual $ 83,435.90 $ 87,607.70 $ 91,988.08 $ 96,587.48 $ 101,416.86 Monthly $ 6,952.99 $ 7,300.64 $ 7,665.67 $ 8,048.96 $ 8,451.40 Bi-weekly $ 3,209.07 $ 3,369.53 $ 3,538.00 $ 3,714.90 $ 3,900.65 Hourly $ 40.1134 $ 42.1191 $ 44.2250 $ 46.4363 $ 48.7581 Annual $ 120,726.23 $ 126,762.54 $ 133,100.67 $ 139,755.70 $ 146,743.48 Monthly $ 10,060.52 $ 10,563.55 $ 11,091.72 $ 11,646.31 $ 12,228.62 Bi-weekly $ 4,643.32 $ 4,875.48 $ 5,119.26 $ 5,375.22 $ 5,643.98 Hourly $ 58.0415 $ 60.9435 $ 63.9008 $ 67.1903 $ 70.5498 Annual $ 111,247.87 $ 116,810.27 $ 122,650.79 $ 128,783.32 $ 135,222.50 Monthly $ 9,270.66 $ 9,734.19 $ 10,220.90 $ 10,731.94 $ 11,268.54 Bi-weekly $ 4,278.76 $ 4,492.70 $ 4,717.34 $ 4,953.20 $ 5,200.87 Hourly $ 53.4845 $ 56.1588 $ 58.9668 $ 61.9150 $ 65.0109 Annual $ 122,807.71 $ 128,948.10 $ 135,395.51 $ 142,165.29 $ 149,273.55 Monthly $ 10,233.98 $ 10,745.68 $ 11,282.96 $ 11,847.11 $ 12,439.46 Bi-weekly $ 4,723.37 $ 4,959.54 $ 5,207.52 $ 5,467.90 $ 5,741.29 Hourly $ 59.0421 $ 61.9943 $ 65.0940 $ 68.3488 $ 71.7661 Annual $ 120,726.23 $ 126,762.54 $ 133,100.67 $ 139,755.70 $ 146,743.48 Monthly $ 10,060.52 $ 10,563.55 $ 11,091.72 $ 11,646.31 $ 12,228.62 Bi-weekly $ 4,643.32 $ 4,875.48 $ 5,119.26 $ 5,375.22 $ 5,643.98 Hourly $ 58.0415 $ 60.9435 $ 63.9908 $ 67.1903 $ 70.5498 Annual $ 130,745.36 $ 137,282.62 $ 144,146.76 $ 151,354.09 $ 158,921.80 Monthly $ 10,895.45 $ 11,440.22 $ 12,012.23 $ 12,612.84 $ 13,243.48 Bi-weekly $ 5,028.67 $ 5,280.10 $ 5,544.11 $ 5,821.31 $ 6,112.38 Hourly $ 62.8584 $ 66.0013 $ 69.3014 $ 72.7664 $ 76.4048 Annual $ 100,235.32 $ 105,247.10 $ 110,509.45 $ 116,034.92 $ 121,836.67 Monthly $ 8,352.94 $ 8,770.59 $ 9,209.12 $ 9,669.58 $ 10,153.06 Bi-weekly $ 3,855.20 $ 4,047.97 $ 4,250.36 $ 4,462.88 $ 4,686.03 Hourly $ 48.1900 $ 50.5996 $ 53.1295 $ 55.7860 $ 58.5754 Annual $ 106,812.35 $ 112,152.97 $ 117,760.60 $ 123,648.64 $ 129,831.08 Monthly $ 8,901.03 $ 9,346.08 $ 9,813.38 $ 10,304.05 $ 10,819.26 Bi-weekly $ 4,108.17 $ 4,313.58 $ 4,529.25 $ 4,755.72 $ 4,993.50 Hourly $ 51.3521 $ 53.9198 $ 56.6156 $ 59.4465 $ 62.4188 Annual $ 106,812.34 $ 112,152.96 $ 117,760.60 $ 123,648.64 $ 129,831.07 Monthly $ 8,901.03 $ 9,346.08 $ 9,813.38 $ 10,304.05 $ 10,819.26 Bi-weekly $ 4,108.17 $ 4,313.58 $ 4,529.25 $ 4,755.72 $ 4,993.50 Hourly $ 51.3521 $ 53.9198 $ 56.6156 $ 59.4465 $ 62.4188 Annual $ 101,963.52 $ 107,061.70 $ 112,414.79 $ 118,035.53 $ 123,937.31 Monthly $ 8,496.96 $ 8,921.81 $ 9,367.90 $ 9,836.29 $ 10,328.11 Bi-weekly $ 3,921.67 $ 4,117.76 $ 4,323.65 $ 4,539.83 $ 4,766.82 Hourly $ 49.0209 $ 51.4720 $ 54.0456 $ 56.7479 $ 59.5853 Step 1 Step 2 Step 3 Step 4 Step 5
Annual $ 84,795.35 $ 89,035.12 $ 93,486.88 $ 98,161.22 $ 103,069.28 Monthly $ 7,066.2792 $ 7,419.5933 $ 7,790.5733 $ 8,180.1017 $ 8,589.1067 Bi-weekly $ 3,261.3596 $ 3,424.4277 $ 3,595.6492 $ 3,775.4315 $ 3,964.2031 Hourly $ 40.7670 $ 42.8053 $ 44.9456 $ 47.1929 $ 49.5525 Annual $ 56,953.07 $ 59,800.72 $ 62,790.76 $ 65,930.30 $ 69,226.82 Monthly $ 4,746.0892 $ 4,983.3933 $ 5,232.5633 $ 5,494.1917 $ 5,768.9017 Bi-weekly $ 2,190.5027 $ 2,300.0277 $ 2,415.0292 $ 2,535.7808 $ 2,662.5700 Hourly $ 27.3813 $ 28.7503 $ 30.1879 $ 31.6973 $ 33.2821 Annual $ 56,953.07 $ 59,800.72 $ 62,790.76 $ 65,930.30 $ 69,226.82 Monthly $ 4,746.0892 $ 4,983.3933 $ 5,232.5633 $ 5,494.1917 $ 5,768.9017 Bi-weekly $ 2,190.5027 $ 2,300.0277 $ 2,415.0292 $ 2,535.7808 $ 2,662.5700 Hourly $ 27.3813 $ 28.7503 $ 30.1879 $ 31.6973 $ 33.2821 FVGEA 1/1/2024 G03 Accounting Technician I/
Storekeeper
FVGEA 1/1/2024 G03 Accounting Technician I
Class Classification
IRP&T 6/22/2024 P66 Senior Information Technology Analyst FVGEA 1/1/2024 G02 Accountant
IRP&T 6/22/2024 P52 Senior Human Resources Analyst
IRP&T 6/22/2024 P39 Senior Management Analyst
Bargaining Effective
IRP&T 6/22/2024 P51 Senior Budget Analyst
IRP&T 6/22/2024 P60 Purchasing Administrator
IRP&T 6/22/2024 P71 Risk Manager
IRP&T 6/22/2024 P59 Principal Human Resources Analyst
IRP&T 6/22/2024 P40 Principal Management Analyst
(City Manager's Office Only)
IRP&T 6/22/2024 P61 Payroll Administrator
(City Manager's Office Only)
IRP&T 6/22/2024 P02 Management Specialist
IRP&T 6/22/2024 P01 Management Analyst
(City Manager's Office Only)
IRP&T 6/22/2024 P63 Information Technology Analyst
IRP&T 6/22/2024 P62 Human Resources Manager
IRP&T 6/22/2024 P15 Human Resources Specialist
IRP&T 6/22/2024 P49 Human Resources Analyst
IRP&T 6/22/2024 P14 City Clerk Administrator
IRP&T 6/22/2024 P58 Finance Manager
IRP&T 6/22/2024 P12 Accounting Manager
Bargaining Effective Class Classification
P&T 1/1/2024 P21 Water Supervisor
P&T 1/1/2024 P54 Support Services Supervisor
P&T 1/1/2024 P06 Support Services Manager
Annual $ 59,800.72 $ 62,790.76 $ 65,930.30 $ 69,226.82 $ 72,688.16 Monthly $ 4,983.3933 $ 5,232.5633 $ 5,494.1917 $ 5,768.9017 $ 6,057.3467 Bi-weekly $ 2,300.0277 $ 2,415.0292 $ 2,535.7808 $ 2,662.5700 $ 2,795.6985 Hourly $ 28.7503 $ 30.1879 $ 31.6973 $ 33.2821 $ 34.9462 Annual $ 63,940.21 $ 67,137.22 $ 70,494.08 $ 74,018.78 $ 77,719.72 Monthly $ 5,328.3508 $ 5,594.7683 $ 5,874.5067 $ 6,168.2317 $ 6,476.6433 Bi-weekly $ 2,459.2388 $ 2,582.2008 $ 2,711.3108 $ 2,846.8762 $ 2,989.2200 Hourly $ 30.7405 $ 32.2775 $ 33.8914 $ 35.5860 $ 37.3653 Annual $ 44,352.71 $ 46,570.35 $ 48,898.87 $ 51,343.81 $ 53,911.00 Monthly $ 3,696.0592 $ 3,880.8625 $ 4,074.9058 $ 4,278.6508 $ 4,492.5833 Bi-weekly $ 1,705.8735 $ 1,791.1673 $ 1,880.7258 $ 1,974.7619 $ 2,073.5000 Hourly $ 21.3234 $ 22.3896 $ 23.5091 $ 24.6845 $ 25.9188 Annual $ 90,444.18 $ 94,966.39 $ 99,714.71 $ 104,700.45 $ 109,935.47 Monthly $ 7,537.0150 $ 7,913.8658 $ 8,309.5592 $ 8,725.0375 $ 9,161.2892 Bi-weekly $ 3,478.6223 $ 3,652.5535 $ 3,835.1812 $ 4,026.9404 $ 4,228.2873 Hourly $ 43.4828 $ 45.6569 $ 47.9398 $ 50.3368 $ 52.8536 Annual $ 78,273.48 $ 82,187.15 $ 86,296.51 $ 90,611.34 $ 95,141.91 Monthly $ 6,522.7900 $ 6,848.9292 $ 7,191.3758 $ 7,550.9450 $ 7,928.4925 Bi-weekly $ 3,010.5185 $ 3,161.0442 $ 3,319.0965 $ 3,485.0515 $ 3,659.3042 Hourly $ 37.6315 $ 39.5131 $ 41.4887 $ 43.5631 $ 45.7413 Annual $ 81,695.23 $ 85,779.99 $ 90,068.99 $ 94,572.44 $ 99,301.06 Monthly $ 6,807.9358 $ 7,148.3325 $ 7,505.7492 $ 7,881.0367 $ 8,275.0883 Bi-weekly $ 3,142.1242 $ 3,299.2304 $ 3,464.1919 $ 3,637.4015 $ 3,819.2715 Hourly $ 39.2766 $ 41.2404 $ 43.3024 $ 45.4675 $ 47.7409 Annual $ 73,017.35 $ 76,668.22 $ 80,501.63 $ 84,526.71 $ 88,753.05 Monthly $ 6,084.7792 $ 6,389.0183 $ 6,708.4692 $ 7,043.8925 $ 7,396.0875 Bi-weekly $ 2,808.3596 $ 2,948.7777 $ 3,096.2165 $ 3,251.0273 $ 3,413.5788 Hourly $ 35.1045 $ 36.8597 $ 38.7027 $ 40.6378 $ 42.6697 Annual $ 63,557.64 $ 66,735.52 $ 70,072.30 $ 73,575.92 $ 77,254.72 Monthly $ 5,296.4700 $ 5,561.2933 $ 5,839.3583 $ 6,131.3267 $ 6,437.8933 Bi-weekly $ 2,444.5246 $ 2,566.7508 $ 2,695.0885 $ 2,829.8431 $ 2,971.3354 Hourly $ 30.5566 $ 32.0844 $ 33.6886 $ 35.3730 $ 37.1417 Annual $ 74,235.00 $ 77,946.75 $ 81,844.09 $ 85,936.29 $ 90,233.10 Monthly $ 6,186.2500 $ 6,495.5625 $ 6,820.3408 $ 7,161.3575 $ 7,519.4250 Bi-weekly $ 2,855.1923 $ 2,997.9519 $ 3,147.8496 $ 3,305.2419 $ 3,470.5038 Hourly $ 35.6899 $ 37.4744 $ 39.3481 $ 41.3155 $ 43.3813 Annual $ 63,997.05 $ 67,196.90 $ 70,556.75 $ 74,084.59 $ 77,788.82 Monthly $ 5,333.0875 $ 5,599.7417 $ 5,879.7292 $ 6,173.7158 $ 6,482.4017 Bi-weekly $ 2,461.4250 $ 2,584.4962 $ 2,713.7212 $ 2,849.4073 $ 2,991.8777 Hourly $ 30.7678 $ 32.3062 $ 33.9215 $ 35.6176 $ 37.3985 Annual $ 71,114.98 $ 74,670.73 $ 78,404.27 $ 82,324.48 $ 86,440.70 Monthly $ 5,926.2483 $ 6,222.5608 $ 6,533.6892 $ 6,860.3733 $ 7,203.3917 Bi-weekly $ 2,735.1915 $ 2,871.9512 $ 3,015.5488 $ 3,166.3262 $ 3,324.6423 Hourly $ 34.1899 $ 35.8994 $ 37.6944 $ 39.5791 $ 41.5580 Annual $ 78,939.55 $ 82,886.53 $ 87,030.86 $ 91,382.40 $ 95,951.52 Monthly $ 6,578.2958 $ 6,907.2108 $ 7,252.5717 $ 7,615.2000 $ 7,995.9600 Bi-weekly $ 3,036.1365 $ 3,187.9435 $ 3,347.3408 $ 3,514.7077 $ 3,690.4431 Hourly $ 37.9517 $ 39.8493 $ 41.8418 $ 43.9338 $ 46.1305 Annual $ 89,862.71 $ 94,355.85 $ 99,073.64 $ 104,027.32 $ 109,228.69 Monthly $ 7,488.5592 $ 7,862.9875 $ 8,256.1367 $ 8,668.9433 $ 9,102.3908 Bi-weekly $ 3,456.2581 $ 3,629.0712 $ 3,810.5246 $ 4,001.0508 $ 4,201.1035 Hourly $ 43.2032 $ 45.3634 $ 47.6316 $ 50.0131 $ 52.5138 Annual $ 94,359.28 $ 99,077.24 $ 104,031.10 $ 109,232.66 $ 114,694.29 Monthly $ 7,863.2733 $ 8,256.4367 $ 8,669.2583 $ 9,102.7217 $ 9,557.8575 Bi-weekly $ 3,629.2031 $ 3,810.6631 $ 4,001.1962 $ 4,201.2562 $ 4,411.3188 Hourly $ 45.3650 $ 47.6333 $ 50.0150 $ 52.5157 $ 55.1415 Annual $ 89,145.26 $ 93,602.53 $ 98,282.66 $ 103,196.79 $ 108,356.63 Monthly $ 7,428.7717 $ 7,800.2108 $ 8,190.2217 $ 8,599.7325 $ 9,029.7192 Bi-weekly $ 3,428.6638 $ 3,600.0973 $ 3,780.1023 $ 3,969.1073 $ 4,167.5627 Hourly $ 42.8583 $ 45.0012 $ 47.2513 $ 49.6138 $ 52.0945 Annual $ 76,051.67 $ 79,854.25 $ 83,846.96 $ 88,039.31 $ 92,441.28 Monthly $ 6,337.6392 $ 6,654.5208 $ 6,987.2467 $ 7,336.6092 $ 7,703.4400 Bi-weekly $ 2,925.0642 $ 3,071.3173 $ 3,224.8831 $ 3,386.1273 $ 3,555.4338 Hourly $ 36.5633 $ 38.3915 $ 40.3110 $ 42.3266 $ 44.4429 Annual $ 68,303.93 $ 71,719.13 $ 75,305.09 $ 79,070.34 $ 83,023.86 Monthly $ 5,691.9942 $ 5,976.5942 $ 6,275.4242 $ 6,589.1950 $ 6,918.6550 Bi-weekly $ 2,627.0742 $ 2,758.4281 $ 2,896.3496 $ 3,041.1669 $ 3,193.2254 Hourly $ 32.8384 $ 34.4804 $ 36.2044 $ 38.0146 $ 39.9153 Annual $ 78,380.53 $ 82,299.56 $ 86,414.54 $ 90,735.27 $ 95,272.03 Monthly $ 6,531.7108 $ 6,858.2967 $ 7,201.2117 $ 7,561.2725 $ 7,939.3358 Bi-weekly $ 3,014.6358 $ 3,165.3677 $ 3,323.6362 $ 3,489.8181 $ 3,664.3088 Hourly $ 37.6829 $ 39.5671 $ 41.5455 $ 43.6227 $ 45.8039 Annual $ 71,704.05 $ 75,289.25 $ 79,053.71 $ 83,006.40 $ 87,156.72 Monthly $ 5,975.3375 $ 6,274.1042 $ 6,587.8092 $ 6,917.2000 $ 7,263.0600 Bi-weekly $ 2,757.8481 $ 2,895.7404 $ 3,040.5273 $ 3,192.5538 $ 3,352.1815 Hourly $ 34.4731 $ 36.1968 $ 38.0066 $ 39.9069 $ 41.9023 Annual $ 62,790.65 $ 65,930.18 $ 69,226.69 $ 72,688.02 $ 76,322.42 Monthly $ 5,232.5542 $ 5,494.1817 $ 5,768.8908 $ 6,057.3350 $ 6,360.2017 Bi-weekly $ 2,415.0250 $ 2,535.7762 $ 2,662.5650 $ 2,795.6931 $ 2,935.4777 Hourly $ 30.1878 $ 31.6972 $ 33.2821 $ 34.9462 $ 36.6935 Annual $ 76,668.28 $ 80,501.69 $ 84,526.77 $ 88,753.11 $ 93,190.77 Monthly $ 6,389.0233 $ 6,708.4742 $ 7,043.8975 $ 7,396.0925 $ 7,765.8975 Bi-weekly $ 2,948.7800 $ 3,096.2188 $ 3,251.0296 $ 3,413.5812 $ 3,584.2604 Hourly $ 36.8598 $ 38.7027 $ 40.6379 $ 42.6698 $ 44.8033 Annual $ 77,945.39 $ 81,842.66 $ 85,934.79 $ 90,231.53 $ 94,743.11 Monthly $ 6,495.4492 $ 6,820.2217 $ 7,161.2325 $ 7,519.2942 $ 7,895.2592 Bi-weekly $ 2,997.8996 $ 3,147.7946 $ 3,305.1842 $ 3,470.4435 $ 3,643.9658 Hourly $ 37.4737 $ 39.3474 $ 41.3148 $ 43.3805 $ 45.5496 FVGEA 1/1/2024 G25 Lead Dispatcher
FVGEA 1/1/2024 G81 Lead Code Enforcement Officer
FVGEA 1/1/2024 G83 Sr. Accounting Technician
FVGEA 1/1/2024 G57 Information Technology Technician
FVGEA 1/1/2024 G10 Identification Technician
FVGEA 1/1/2024 G84 Human Resources Technician
FVGEA 1/1/2024 G52 Housing Technician
FVGEA 1/1/2024 G80 Housing Analyst
FVGEA 1/1/2024 G72 Fire Prevention Analyst
FVGEA 1/1/2024 G50 Fire Prevention Specialist
FVGEA 1/1/2024 G31 Engineering Technician III
FVGEA 1/1/2024 G29 Engineering Technician II
FVGEA 1/1/2024 G30 Engineering Technician I
FVGEA 1/1/2024 G24 Dispatcher
FVGEA 1/1/2024 G12 Community Services Officer
FVGEA 1/1/2024 G49 Code Enforcement Officer
FVGEA 1/1/2024 G61 Building Inspector
FVGEA 1/1/2024 G55 Assistant Planner
FVGEA 1/1/2024 G73 Assistant Engineer
FVGEA 1/1/2024 G77 Administrative Specialist
FVGEA 1/1/2024 G79 Administrative Assistant
FVGEA 1/1/2024 G04 Accounting Technician II
Annual $ 78,874.45 $ 82,818.17 $ 86,959.08 $ 91,307.03 $ 95,872.38 Monthly $ 6,572.8708 $ 6,901.5142 $ 7,246.5900 $ 7,608.9192 $ 7,989.3650 Bi-weekly $ 3,033.6327 $ 3,185.3142 $ 3,344.5800 $ 3,511.8088 $ 3,687.3992 Hourly $ 37.9204 $ 39.8164 $ 41.8073 $ 43.8976 $ 46.0925 Annual $ 82,418.13 $ 86,539.03 $ 90,865.99 $ 95,409.29 $ 100,179.75 Monthly $ 6,868.1775 $ 7,211.5858 $ 7,572.1658 $ 7,950.7742 $ 8,348.3125 Bi-weekly $ 3,169.9281 $ 3,328.4242 $ 3,494.8458 $ 3,669.5881 $ 3,853.0673 Hourly $ 39.6241 $ 41.6053 $ 43.6856 $ 45.8699 $ 48.1633 Annual $ 59,882.69 $ 62,876.82 $ 66,020.66 $ 69,321.69 $ 72,787.77 Monthly $ 4,990.2242 $ 5,239.7350 $ 5,501.7217 $ 5,776.8075 $ 6,065.6475 Bi-weekly $ 2,303.1804 $ 2,418.3392 $ 2,539.2562 $ 2,666.2188 $ 2,799.5296 Hourly $ 28.7898 $ 30.2292 $ 31.7407 $ 33.3277 $ 34.9941 Annual $ 75,763.21 $ 79,551.37 $ 83,528.94 $ 87,705.39 $ 92,090.66 Monthly $ 6,313.6008 $ 6,629.2808 $ 6,960.7450 $ 7,308.7825 $ 7,674.2217 Bi-weekly $ 2,913.9696 $ 3,059.6681 $ 3,212.6515 $ 3,373.2842 $ 3,541.9485 Hourly $ 36.4246 $ 38.2459 $ 40.1581 $ 42.1661 $ 44.2744 Annual $ 62,963.00 $ 66,111.15 $ 69,416.71 $ 72,887.55 $ 76,531.93 Monthly $ 5,246.9167 $ 5,509.2625 $ 5,784.7258 $ 6,073.9625 $ 6,377.6608 Bi-weekly $ 2,421.6538 $ 2,542.7365 $ 2,669.8735 $ 2,803.3673 $ 2,943.5358 Hourly $ 30.2707 $ 31.7842 $ 33.3734 $ 35.0421 $ 36.7942 Annual $ 102,069.69 $ 107,173.17 $ 112,531.83 $ 118,158.42 $ 124,066.34 Monthly $ 8,505.8075 $ 8,931.0975 $ 9,377.6525 $ 9,846.5350 $ 10,338.8617 Bi-weekly $ 3,925.7573 $ 4,122.0450 $ 4,328.1473 $ 4,544.5546 $ 4,771.7823 Hourly $ 49.0720 $ 51.5256 $ 54.1018 $ 56.8069 $ 59.6473 Annual $ 78,492.19 $ 82,416.80 $ 86,537.64 $ 90,864.52 $ 95,407.75 Monthly $ 6,541.0158 $ 6,868.0667 $ 7,211.4700 $ 7,572.0433 $ 7,950.6458 Bi-weekly $ 3,018.9304 $ 3,169.8769 $ 3,328.3708 $ 3,494.7892 $ 3,669.5288 Hourly $ 37.7366 $ 39.6235 $ 41.6046 $ 43.6849 $ 45.8691 Annual $ 51,337.80 $ 53,904.69 $ 56,599.92 $ 59,429.92 $ 62,401.42 Monthly $ 4,278.1500 $ 4,492.0575 $ 4,716.6600 $ 4,952.4933 $ 5,200.1183 Bi-weekly $ 1,974.5308 $ 2,073.2573 $ 2,176.9200 $ 2,285.7662 $ 2,400.0546 Hourly $ 24.6816 $ 25.9157 $ 27.2115 $ 28.5721 $ 30.0007 Annual $ 57,034.39 $ 59,886.11 $ 62,880.42 $ 66,024.44 $ 69,325.66 Monthly $ 4,752.8658 $ 4,990.5092 $ 5,240.0350 $ 5,502.0367 $ 5,777.1383 Bi-weekly $ 2,193.6304 $ 2,303.3119 $ 2,418.4777 $ 2,539.4015 $ 2,666.3715 Hourly $ 27.4204 $ 28.7914 $ 30.2310 $ 31.7425 $ 33.3296 Annual $ 63,723.63 $ 66,909.81 $ 70,255.30 $ 73,768.07 $ 77,456.47 Monthly $ 5,310.3025 $ 5,575.8175 $ 5,854.6083 $ 6,147.3392 $ 6,454.7058 Bi-weekly $ 2,450.9088 $ 2,573.4542 $ 2,702.1269 $ 2,837.2335 $ 2,979.0950 Hourly $ 30.6364 $ 32.1682 $ 33.7766 $ 35.4654 $ 37.2387 Annual $ 63,940.21 $ 67,137.22 $ 70,494.08 $ 74,018.78 $ 77,719.72 Monthly $ 5,328.3508 $ 5,594.7683 $ 5,874.5067 $ 6,168.2317 $ 6,476.6433 Bi-weekly $ 2,459.2388 $ 2,582.2008 $ 2,711.3108 $ 2,846.8762 $ 2,989.2200 Hourly $ 30.7405 $ 32.2775 $ 33.8914 $ 35.5860 $ 37.3653 Annual $ 71,303.25 $ 74,868.41 $ 78,611.83 $ 82,542.42 $ 86,669.54 Monthly $ 5,941.9375 $ 6,239.0342 $ 6,550.9858 $ 6,878.5350 $ 7,222.4617 Bi-weekly $ 2,742.4327 $ 2,879.5542 $ 3,023.5319 $ 3,174.7085 $ 3,333.4438 Hourly $ 34.2804 $ 35.9944 $ 37.7941 $ 39.6839 $ 41.6680 Type Step 1 Step 2 Step 3 Step 4 Step 5
Annual $ 62,510.78 $ 65,636.32 $ 68,918.14 $ 72,364.05 $ 75,982.25 Monthly $ 5,209.2317 $ 5,469.6933 $ 5,743.1783 $ 6,030.3375 $ 6,331.8542 Bi-weekly $ 2,404.2608 $ 2,524.4738 $ 2,650.6977 $ 2,783.2327 $ 2,922.3942 Hourly $ 30.0533 $ 31.5559 $ 33.1337 $ 34.7904 $ 36.5299 Annual $ 68,167.09 $ 71,575.44 $ 75,154.21 $ 78,911.92 $ 82,857.52 Monthly $ 5,680.5908 $ 5,964.6200 $ 6,262.8508 $ 6,575.9933 $ 6,904.7933 Bi-weekly $ 2,621.8112 $ 2,752.9015 $ 2,890.5465 $ 3,035.0738 $ 3,186.8277 Hourly $ 32.7726 $ 34.4113 $ 36.1318 $ 37.9384 $ 39.8353 Annual $ 65,488.79 $ 68,763.23 $ 72,201.39 $ 75,811.46 $ 79,602.03 Monthly $ 5,457.3992 $ 5,730.2692 $ 6,016.7825 $ 6,317.6217 $ 6,633.5025 Bi-weekly $ 2,518.7996 $ 2,644.7396 $ 2,776.9765 $ 2,915.8254 $ 3,061.6165 Hourly $ 31.4850 $ 33.0592 $ 34.7122 $ 36.4478 $ 38.2702 Annual $ 69,724.64 $ 73,210.87 $ 76,871.41 $ 80,714.98 $ 84,750.73 Monthly $ 5,810.3867 $ 6,100.9058 $ 6,405.9508 $ 6,726.2483 $ 7,062.5608 Bi-weekly $ 2,681.7169 $ 2,815.8027 $ 2,956.5927 $ 3,104.4223 $ 3,259.6435 Hourly $ 33.5215 $ 35.1975 $ 36.9574 $ 38.8053 $ 40.7455 Annual $ 72,032.22 $ 75,633.83 $ 79,415.52 $ 83,386.30 $ 87,555.62 Monthly $ 6,002.6850 $ 6,302.8192 $ 6,617.9600 $ 6,948.8583 $ 7,296.3017 Bi-weekly $ 2,770.4700 $ 2,908.9935 $ 3,054.4431 $ 3,207.1654 $ 3,367.5238 Hourly $ 34.6309 $ 36.3624 $ 38.1805 $ 40.0896 $ 42.0940 Annual $ 72,032.22 $ 75,633.83 $ 79,415.52 $ 83,386.30 $ 87,555.62 Monthly $ 6,002.6850 $ 6,302.8192 $ 6,617.9600 $ 6,948.8583 $ 7,296.3017 Bi-weekly $ 2,770.4700 $ 2,908.9935 $ 3,054.4431 $ 3,207.1654 $ 3,367.5238 Hourly $ 34.6309 $ 36.3624 $ 38.1805 $ 40.0896 $ 42.0940 Annual $ 77,545.37 $ 81,422.64 $ 85,493.77 $ 89,768.46 $ 94,256.88 Monthly $ 6,462.1142 $ 6,785.2200 $ 7,124.4808 $ 7,480.7050 $ 7,854.7400 Bi-weekly $ 2,982.5142 $ 3,131.6400 $ 3,288.2219 $ 3,452.6331 $ 3,625.2646 Hourly $ 37.2814 $ 39.1455 $ 41.1028 $ 43.1579 $ 45.3158 Annual $ 77,545.37 $ 81,422.64 $ 85,493.77 $ 89,768.46 $ 94,256.88 Monthly $ 6,462.1142 $ 6,785.2200 $ 7,124.4808 $ 7,480.7050 $ 7,854.7400 Bi-weekly $ 2,982.5142 $ 3,131.6400 $ 3,288.2219 $ 3,452.6331 $ 3,625.2646 Hourly $ 37.2814 $ 39.1455 $ 41.1028 $ 43.1579 $ 45.3158 Annual $ 60,313.76 $ 63,329.45 $ 66,495.92 $ 69,820.72 $ 73,311.76 Monthly $ 5,026.1467 $ 5,277.4542 $ 5,541.3267 $ 5,818.3933 $ 6,109.3133 Bi-weekly $ 2,319.7600 $ 2,435.7481 $ 2,557.5354 $ 2,685.4123 $ 2,819.6831 Hourly $ 28.9970 $ 30.4469 $ 31.9692 $ 33.5677 $ 35.2460 Annual $ 75,360.16 $ 79,128.17 $ 83,084.58 $ 87,238.81 $ 91,600.75 Monthly $ 6,280.0133 $ 6,594.0142 $ 6,923.7150 $ 7,269.9008 $ 7,633.3958 Bi-weekly $ 2,898.4677 $ 3,043.3912 $ 3,195.5608 $ 3,355.3388 $ 3,523.1058 Hourly $ 36.2308 $ 38.0424 $ 39.9445 $ 41.9417 $ 44.0388 FVGEA 1/1/2024 G90 Lead Public Works Inspector
Technician
FVMEA (Field) 1/1/2024 G78 Landscape Inspector
FVMEA (Field) 1/1/2024 G39 Irrigation Technician
FVMEA (Field) 1/1/2024 G75 Foreman Water
FVMEA (Field) 1/1/2024 G88 Foreman Sewer/Storm Drain
FVMEA (Field) 1/1/2024 G63 Foreman Fleet
FVMEA (Field) 1/1/2024 G62 Foreman
FVMEA (Field) 1/1/2024 G47 Equipment Operator II - Water FVMEA (Field) 1/1/2024 G46 Equipment Operator II
FVMEA (Field) 1/1/2024 G82 Equipment Operator I- Water
Bargaining Effective Class Classification
FVMEA (Field) 1/1/2024 G45 Equipment Operator I
FVGEA 1/1/2024 G85 Supervising Records Clerk
FVGEA 1/1/2024 G14 Secretary
FVGEA 1/1/2024 G76 Recreation Coordinator
FVGEA 1/1/2024 G09 Records Clerk II
FVGEA 1/1/2024 G89 Records Clerk I
FVGEA 1/1/2024 G54 Public Works Inspector
FVGEA 1/1/2024 G56 Plan Check Engineer
FVGEA 1/1/2024 G87 Permit Technician
FVGEA 1/1/2024 G74 Management Aide
FVGEA 1/1/2024 G86 Lead Information Technology
FVGEA 1/1/2024 G08 Lead Records Clerk
Annual $ 55,442.19 $ 58,214.30 $ 61,125.02 $ 64,181.27 $ 67,390.33 Monthly $ 4,620.1825 $ 4,851.1917 $ 5,093.7517 $ 5,348.4392 $ 5,615.8608 Bi-weekly $ 2,132.3919 $ 2,239.0115 $ 2,350.9623 $ 2,468.5104 $ 2,591.9358 Hourly $ 26.6549 $ 27.9876 $ 29.3870 $ 30.8564 $ 32.3992 Annual $ 59,869.43 $ 62,862.90 $ 66,006.05 $ 69,306.35 $ 72,771.67 Monthly $ 4,989.1192 $ 5,238.5750 $ 5,500.5042 $ 5,775.5292 $ 6,064.3058 Bi-weekly $ 2,302.6704 $ 2,417.8038 $ 2,538.6942 $ 2,665.6288 $ 2,798.9104 Hourly $ 28.7834 $ 30.2225 $ 31.7337 $ 33.3204 $ 34.9864 Annual $ 61,814.10 $ 64,904.81 $ 68,150.05 $ 71,557.55 $ 75,135.43 Monthly $ 5,151.1750 $ 5,408.7342 $ 5,679.1708 $ 5,963.1292 $ 6,261.2858 Bi-weekly $ 2,377.4654 $ 2,496.3388 $ 2,621.1558 $ 2,752.2135 $ 2,889.8242 Hourly $ 29.7183 $ 31.2042 $ 32.7644 $ 34.4027 $ 36.1228 Annual $ 63,940.78 $ 67,137.82 $ 70,494.71 $ 74,019.45 $ 77,720.42 Monthly $ 5,328.3983 $ 5,594.8183 $ 5,874.5592 $ 6,168.2875 $ 6,476.7017 Bi-weekly $ 2,459.2608 $ 2,582.2238 $ 2,711.3350 $ 2,846.9019 $ 2,989.2469 Hourly $ 30.7408 $ 32.2778 $ 33.8917 $ 35.5863 $ 37.3656 Annual $ 81,145.41 $ 85,202.68 $ 89,462.81 $ 93,935.95 $ 98,632.75 Monthly $ 6,762.1175 $ 7,100.2233 $ 7,455.2342 $ 7,827.9958 $ 8,219.3958 Bi-weekly $ 3,120.9773 $ 3,277.0262 $ 3,440.8773 $ 3,612.9212 $ 3,793.5673 Hourly $ 39.0122 $ 40.9628 $ 43.0110 $ 45.1615 $ 47.4196 Annual $ 74,143.10 $ 77,850.26 $ 81,742.77 $ 85,829.91 $ 90,121.41 Monthly $ 6,178.5917 $ 6,487.5217 $ 6,811.8975 $ 7,152.4925 $ 7,510.1175 Bi-weekly $ 2,851.6577 $ 2,994.2408 $ 3,143.9527 $ 3,301.1504 $ 3,466.2081 Hourly $ 35.6457 $ 37.4280 $ 39.2994 $ 41.2644 $ 43.3276 Type Step 1 Step 2 Step 3 Step 4 Step 5
Annual $ 264,600.96
Monthly $ 22,050.0800
Bi-weekly $ 10,176.9600
Hourly $ 127.2120
Type Step 1 Step 2 Step 3 Step 4 Step 5
Annual $ 151,354.09 $ 158,921.80 $ 166,867.89 $ 175,211.29 $ 183,971.85 Monthly $ 12,612.84 $ 13,243.48 $ 13,905.66 $ 14,600.94 $ 15,330.99 Bi-weekly $ 5,821.31 $ 6,112.38 $ 6,418.00 $ 6,738.90 $ 7,075.84 Hourly $ 72.7664 $ 76.4048 $ 80.2250 $ 84.2363 $ 88.4480 Annual $ 218,220.88 $ 229,131.93 $ 240,588.52 $ 252,617.96 $ 265,248.85 Monthly $ 18,185.07 $ 19,094.33 $ 20,049.04 $ 21,051.50 $ 22,104.07 Bi-weekly $ 8,393.11 $ 8,812.77 $ 9,253.40 $ 9,716.08 $ 10,201.88 Hourly $ 104.9139 $ 110.1596 $ 115.6676 $ 121.4510 $ 127.5235 Annual $ 180,071.88 $ 189,075.47 $ 198,529.25 $ 208,455.72 $ 218,878.50 Monthly $ 15,005.99 $ 15,756.29 $ 16,544.10 $ 17,371.31 $ 18,239.88 Bi-weekly $ 6,925.84 $ 7,272.13 $ 7,635.74 $ 8,017.53 $ 8,418.40 Hourly $ 86.5730 $ 90.9016 $ 95.4468 $ 100.2191 $ 105.2300 Annual $ 177,041.83 $ 185,893.93 $ 195,188.62 $ 204,948.06 $ 215,195.46 Monthly $ 14,753.49 $ 15,491.16 $ 16,265.72 $ 17,079.01 $ 17,932.96 Bi-weekly $ 6,809.30 $ 7,149.77 $ 7,507.25 $ 7,882.62 $ 8,276.75 Hourly $ 85.1163 $ 89.3721 $ 93.8406 $ 98.5328 $ 103.4594 Annual $ 198,681.96 $ 208,616.06 $ 219,046.87 $ 229,999.21 $ 241,499.17 Monthly $ 16,556.83 $ 17,384.67 $ 18,253.91 $ 19,166.60 $ 20,124.93 Bi-weekly $ 7,641.61 $ 8,023.69 $ 8,424.88 $ 8,846.12 $ 9,288.43 Hourly $ 95.5201 $ 100.2961 $ 105.3110 $ 110.5765 $ 116.1054 Annual $ 193,155.16 $ 202,812.93 $ 212,953.57 $ 223,601.25 $ 234,781.31 Monthly $ 16,096.26 $ 16,901.08 $ 17,746.13 $ 18,633.44 $ 19,565.11 Bi-weekly $ 7,429.04 $ 7,800.50 $ 8,190.52 $ 8,600.05 $ 9,030.05 Hourly $ 92.8630 $ 97.5063 $ 102.3815 $ 107.5006 $ 112.8756 Annual $ 212,664.08 $ 223,297.28 $ 234,462.14 $ 246,185.25 $ 258,494.52 Monthly $ 17,722.01 $ 18,608.11 $ 19,538.51 $ 20,515.44 $ 21,541.21 Bi-weekly $ 8,179.39 $ 8,588.36 $ 9,017.77 $ 9,468.66 $ 9,942.10 Hourly $ 102.2424 $ 107.3545 $ 112.7221 $ 118.3583 $ 124.2763 Annual $ 180,071.88 $ 189,075.47 $ 198,529.25 $ 208,455.72 $ 218,878.50 Monthly $ 15,005.99 $ 15,756.29 $ 16,544.10 $ 17,371.31 $ 18,239.88 Bi-weekly $ 6,925.84 $ 7,272.13 $ 7,635.74 $ 8,017.53 $ 8,418.40 Hourly $ 86.5730 $ 90.9016 $ 95.4468 $ 100.2191 $ 105.2300 Annual $ 180,071.15 $ 189,074.71 $ 198,528.45 $ 208,454.88 $ 218,877.62 Monthly $ 15,005.9292 $ 15,756.2258 $ 16,544.0375 $ 17,371.2400 $ 18,239.8017 Bi-weekly $ 6,925.8135 $ 7,272.1042 $ 7,635.7096 $ 8,017.4954 $ 8,418.3700 Hourly $ 86.5726 $ 90.9013 $ 95.4464 $ 100.2188 $ 105.2296 Annual $ 192,462.34 $ 202,085.46 $ 212,189.73 $ 222,799.22 $ 233,939.18 Monthly $ 16,038.53 $ 16,840.46 $ 17,682.48 $ 18,566.60 $ 19,494.93 Bi-weekly $ 7,402.40 $ 7,772.52 $ 8,161.14 $ 8,569.20 $ 8,997.66 Hourly $ 92.5300 $ 97.1565 $ 102.0143 $ 107.1150 $ 112.4708 Annual $ 202,085.45 $ 212,189.72 $ 222,799.21 $ 233,939.17 $ 245,636.13 Monthly $ 16,840.45 $ 17,682.48 $ 18,566.60 $ 19,494.93 $ 20,469.68 Bi-weekly $ 7,772.52 $ 8,161.14 $ 8,569.20 $ 8,997.66 $ 9,447.54 Hourly $ 97.1565 $ 102.0143 $ 107.1150 $ 112.4708 $ 118.0943 FVMEA (Field)
Admin Officers 6/22/2024 D10 Community Development Director/ Deputy City Manager
Admin Officers 6/22/2024 D04 Community Development Director Admin Officers 6/22/2024 D11 Information Technology Director Admin Officers 6/22/2024 D07 Human Resources Director
Admin Officers 6/22/2024 D02 Fire Chief
Admin Officers 6/22/2024 D06 Finance Director
Admin Officers 6/22/2024 D03 Director of Public Works
Admin Officers 6/22/2024 D09 Deputy City Manager
Admin Officers 6/22/2024 D08 Community Services Director Bargaining Effective Class Classification
Admin Officers 6/22/2024 D01 Chief of Police
FVMEA (Field) 1/1/2024 G66 Water System Operator
Bargaining Effective Class Classification
City Manager 1/1/2024 CMG City Manager
1/1/2024 G65 Water Quality Technician
FVMEA (Field) 1/1/2024 G33 Mechanic
FVMEA (Field) 1/1/2024 G64 Maintenance Worker II - Water FVMEA (Field) 1/1/2024 G35 Maintenance Worker II - Chemical Applicator
FVMEA (Field) 1/1/2024 G36 Maintenance Worker II
Admin Officers 6/22/2024 D12 City Clerk/Risk Administrator
Part-time
Effective
Date
Class
Code Type Step 1 Step 2 Step 3 Step 4 Step 5
PT 1/1/2024 T38 Accounting Technician I * Hourly $27.3813 $28.7504 $30.1879 $31.6973 $33.2822 PT 1/1/2024 T39 Accounting Technician II * Hourly $28.7503 $30.1878 $31.6972 $33.2821 $34.9462 PT 1/1/2024 T06 Administrative Intern Hourly $18.0000 $18.9000 $19.8450 $20.8373 $21.8792 PT 1/1/2024 T28 Administrative Intern- City Manager's Office Houtly $18.0000 $18.9000 $19.8450 $20.8373 $21.8792 PT 1/1/2024 T29 Administrative Specialist * Hourly $21.3234 $22.3896 $23.5091 $24.6846 $25.9188 PT 1/1/2024 T14 Customer Service Representative Hourly $23.5000 $24.6750 $25.9088 $27.2042 $28.5644 PT 1/1/2024 T15 Dispatcher * Hourly $35.6899 $37.4744 $39.3481 $41.3155 $43.3813 PT 1/1/2024 T32 Emergency Medical Services Manager * Hourly $57.6173 $60.4982 $63.5231 $66.6993 $70.0343 PT 1/1/2024 T22 Emergency Preparedness Assistant Hourly $18.2000 $19.1100 $20.0655 $21.0688 $22.1222 1/1/2024 T42 Engineering Intern Hourly $19.5000 $20.4750 $21.4988 $22.5737 $23.7024 PT 1/1/2024 T05 Engineering Technician I * Hourly $29.0016 $30.4517 $31.9743 $33.5730 $35.2517 PT 1/1/2024 T40 Engineering Technician II * Hourly $29.8717 $31.3653 $32.9336 $34.5803 $36.3093 PT 1/1/2024 T41 Engineering Technician III * Hourly $30.7056 $32.3062 $33.9215 $35.6176 $37.3985 PT 6/22/2024 T37 Firefighter/Paramedic Trainee (non-suppression) Hourly $40.7616 PT 6/22/2024 T36 Firefighter Trainee (non-suppression) Hourly $37.0560 PT 1/1/2024 T31 Graduate Intern Hourly $19.5000 $20.4750 $21.4988 $22.5737 $23.7024 PT 1/1/2024 T18 Human Resources Coordinator Hourly $25.0000 $26.2500 $27.5625 $28.9406 $30.3876 PT 1/1/2024 T25 Information Technology Technician * Hourly $34.4731 $36.1968 $38.0066 $39.9069 $41.9022 PT 1/1/2024 T33 Management Aide * Hourly $36.4246 $38.2458 $40.1581 $42.1660 $44.2743 PT 1/1/2024 T23 Management Intern Hourly $19.5000 $20.4750 $21.4988 $22.5737 $23.7024 PT 1/1/2024 T17 Office Specialist I Hourly $18.5000 $19.4250 $20.3963 $21.4161 $22.4869 PT 1/1/2024 T13 Office Specialist II Hourly $23.5000 $24.6750 $25.9088 $27.2042 $28.5644 1/1/2024 T43 Planning Intern Hourly $19.5000 $20.4750 $21.4988 $22.5737 $23.7024 PT 1/1/2024 T20 Police Cadet Hourly $18.5000 $19.4250 $20.3963 $21.4161 $22.4869 PT 6/22/2024 T01 Police Recruit Hourly $40.3149
PT 1/1/2024 T30 Police Services Officer Hourly $25.0000 $26.2500 $27.5625 $28.9406 $30.3876 PT 1/1/2024 T34 Public Information Officer Hourly $52.0000 PT 1/1/2024 T26 Recreation Coordinator * Hourly $28.0406 $29.4426 $30.9147 $32.4604 $34.0834 PT 1/1/2024 T03 Recreation Leader Hourly $18.5000 $19.4250 $20.3963 $21.4161 $22.4869 PT 1/1/2024 T04 Recreation Specialist Hourly $23.5000 $24.6750 $25.9088 $27.2042 $28.5644 PT 1/1/2024 T07 Maintenance Worker I Hourly $23.7500 $24.9375 $26.1844 $27.4936 $28.8683 Notes:
*Classifications are considered full-time equivelents- they receive same increases as FTE PT Firefighter Trainee is 10% below Step 1 FF (40 hr rate) PT Paramedic Trainee is equivelent to Step 1 FF (40 hr rate) Police Recruit is 10% below Step 1 Police Officer
FT FF/PM is 14.5% above FF
FT Fire Engineer is 1% above FF/PM
Suppression Division Chief is 9% above a Suppression Battalion Chief 7/1/2023 Part-time added Steps 4 and 5 to classifications indicated Classification
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY RELATING TO THE
CLASSIFICATION AND COMPENSATION
COMPREHENSIVE SALARY SCHEDULE OF CITY
EMPLOYEES AND SUPERSEDING ALL PROVISIONS
CONTAINED IN RESOLUTION NO. 9911 AND ALL
SUBSEQUENT SALARY SCHEDULE RESOLUTIONS,
WHICH PERTAIN TO THE CLASSIFICATION AND
COMPENSATION OF CITY EMPLOYEES.
WHEREAS, the City Council of the City of Fountain Valley hereby establishes a basic compensation plan for City employees in all of the classifications of employment as described in this resolution; and
WHEREAS, representatives of the City Council and the City Manager or the City Manager and representatives of the bargaining groups and unrepresented units noted below periodically negotiate in good faith to reach agreement on benefits and compensation pursuant to Government Code Section 3500 et seq; and Employee Unit Name
Fountain Valley Firefighters’ IAFF Local 4530
Individually Represented Battalion Chiefs
Fountain Valley Police Officers’ Association
Police Officers’ Management Unit
Professional/Technical Unit
Fountain Valley General Employees’ Association
Fountain Valley Municipal Employees’ Association
Non-Represented Professional/Technical Employees
Administrative Officers
Part-Time Employees
Resolution of the City Council
Comprehensive Salary Schedule
August 13, 2024
- 2 -
WHEREAS, the City maintains a comprehensive salary resolution of each paid City classification and their corresponding salary range; and WHEREAS, the comprehensive salary resolution is updated periodically to include any negotiated adjustments to the salary range for a classification, title changes to an existing classification, reclassification or deletion of existing classifications, or new classifications; and
WHEREAS, the City has adjusted the salaries for eligible classifications to reflect the previously approved labor negotiations cost of living adjustments (COLA) for specific full-time classifications effective the pay period including July 1, 2024, specified in Exhibit 1; and
WHEREAS, due to the COLA increases approved in the respective Memoranda of Understandings to the full-time police and fire association classifications, the part-time positions of Police Recruit, Firefighter Recruit, and Paramedic Recruit have been adjusted per Resolution 9894 and any subsequent, effective the pay period including July 1, 2024, specified in Exhibit 1; and
NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby resolve as follows:
SECTION 1. All provisions shall be effective as noted above and in Exhibit 1 for each classification.
SECTION 2. The salary ranges and hourly rate ranges as specified in Exhibit 1 for paid City classifications for employees are hereby established.
Resolution of the City Council
Comprehensive Salary Schedule
August 13, 2024
- 3 -
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting on this 13th day of August 2024.
__________________________
Glenn Grandis, Mayor
ATTEST:
________________________________
Rick Miller, City Clerk/Risk Administrator
APPROVED AS TO FORM
__________________________
Colin Burns
Attorney(s) for the City
Attachment: 1. Exhibit - Salary Schedule Effective 7/01/2024
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: August 13, 2024
Members of the City Council
Program: Approve the City’s voluntary participation in the Voluntary Rate Range IGT Program; authorize the City Manager and/or Fire Chief to execute the Intergovernmental Agreement Regarding Transfer of Public Funds between the California Department of Health Care Services (DHCS) and City of Fountain Valley; authorize the City Manager and/or Fire Chief to execute the Heath PlanProvider Agreement Intergovernmental Transfer Rate Range Program Agreement between CalOptima and City of Fountain Valley; and approve an appropriation of $935,700 for the agreements during FY 24/25.
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
The California Department of Health Care Services (DHCS) offers local units of government that provide health care services the opportunity to secure additional Medi-Cal cost recovery to help recover unreimbursed costs for providing those services. This program is called the Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT). City Council is requested to approve and authorize the execution of an agreement between the Department of Health Care Services (DHCS) and the City of Fountain Valley to participate in the Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT). City Council is also requested to designate and authorize the City Manager and/or Fire Chief to sign the agreement to obtain funding as stated in the contract between DHCS and the City of Fountain Valley, to designate and authorize the City Manager and/or Fire Chief to sign the agreement between CalOptima and the City of Fountain Valley and to approve an appropriation of $935,700 to execute these agreements. Staff recommends participating in the VRRP IGT.
CY 2023 Voluntary Rate Range Program IGT Staff Report
August 13, 2024
DISCUSSION:
The City's costs of delivering emergency medical services (EMS) are recovered through user fees established by the City Council. Due to the nature of EMS cost recovery in the healthcare industry, the City has limited control over the actual amount of revenue collected. Adjustments made by various payer sources (i.e., insurance plans, including state and federal insurance programs such as Medi-Cal) mean the City is not fully reimbursed for services provided.
Welfare and Institutions Code sections 14164 and 14301.4 authorize DHCS to implement a Voluntary Rate Range Program relating to the Medi-Cal managed care capitation rate ranges.
The funding amounts under the Voluntary Rate Range Program are the non-federal share of the difference between the Medi-Cal managed care plans' contracted capitation rates and the top of the plans' actuarially sound rate range, as determined by DHCS. This program allows the City to obtain additional federal funds to offset previously unreimbursed costs for providing CalOptima (Medi-Cal) members with EMS and ambulance services.
CalOptima was created by the Orange County Board of Supervisors in 1993 and serves as the Medi-Cal managed care plan for Orange County. In 2016, CalOptima allowed fire departments that provide ambulance transport services the ability to participate in the Medi-Cal Managed Care Rate Range IGT Program. The VRRP IGT program is voluntary, and there is no contractual guarantee that the City will receive its initial investment. However, other local California governments participating in the IGT program have previously received their initial investment plus the additional IGT funds for a net revenue increase. The City of Newport Beach and the City of Orange have participated in the VRRP IGT for over six years and have received net revenue. The City of Huntington Beach joined the program last year and received over 3 million dollars in net revenue. Other entities eligible for the VRRP IGT through CalOptima include First 5 Orange County, Orange County Health Care Agency, and UCI Health.
In March of 2024, the Fire Department contacted the DHCS and CalOptima Health to inquire about the City’s potential participation in the VRRP IGT. In June, the Fire Department submitted a Letter of Interest to DHCS confirming the City of Fountain Valley’s interest in participating in the program. On July 19, 2024, we received an email confirming the City’s eligibility to participate in the VRRP IGT program for services provided in Calendar Year 2023.
Participation in the IGT program is on a year-by-year basis.
The City's participation in the program depends on available federal funding and its ability to provide the required upfront contribution. The contribution and net revenue received annually by the City are also dependent on other factors, such as the number of program participants in the County and the number of Medi-Cal calls for service.
To participate in the program, agreements with both DHCS and CalOptima must be approved by the City Council and executed by their designee. The agreement with DHCS outlines the necessary transfer of funds for the service period, including a 20% assessment fee. The agreement with CalOptima details the terms upon which the City is paid the unreimbursed costs for providing transport services to Medi-Cal plan members, plus additional federal funds made available due to participation in the IGT program.
CY 2023 Voluntary Rate Range Program IGT Staff Report
August 13, 2024
If approved and once the required agreements are in place (the signed agreement with DHCS is due on or before September 16, 2024), the City will receive a funds transfer request from DHCS. DHCS estimates invoicing for agency IGT amounts will occur in October 2024, with a payment collection deadline of November 22, 2024.
Staff recommends the approval of the respective agreements with DHCS and CalOptima and the appropriation of the necessary $935,700 from the General Fund to fund the upfront payment to DHCS.
FISCAL REVIEW:
The amount the City initially transfers shall be calculated using the Estimated Member Months (refer to Exhibit 1 in IGT Agreement Regarding Transfer of Public Funds with DHCS), which will be reconciled to actual enrollment for the service period of January 1, 2022 through December 31, 2022 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated figures are made available. If, after the enrollment reconciliation, there is an increase to the amount needed to fund the nonfederal share, the City will be required to transfer additional funds to cover the difference. If, after the reenrollment reconciliation there is a decrease to the amount needed to fund the nonfederal share, the City can choose to receive the additional funds from DHCS. If mutually agreed upon by DHCS and the City, amounts due to or owed by City may be offset against future transfers.
Actual enrollment figures for this IGT capitation rate period will be considered final two years after December 31, 2022.
To participate as a funding entity, the City must transfer $935,700 in local funds to DHCS, which includes a 20-percent assessment fee of $155,950. DHCS will then use the local funds provided to draw down additional federal funds and assess the highest allowable Medi-Cal reimbursement rate from the federal government. The City expects to be fully reimbursed for the initial contribution and the 20-percent assessment fee, as well as receiving up to $1,411,371 in new revenue from the IGT-funded federal match. Prior to the distribution of the IGT-funded capitation rate increase to the City, CalOptima will retain up to $28,803 (2% of the net revenue).
The amount the City initially transfers was calculated using the Estimated Member Months (refer to Exhibit 1 in IGT Agreement Regarding Transfer of Public Funds with DHCS), which was reconciled to actual enrollment for the service period of January 1, 2023 through December 31, 2023 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated figures are made available. If, after the enrollment reconciliation, there is an increase to the amount needed to fund the nonfederal share, the City will be required to transfer additional funds to cover the difference. If, after the reenrollment reconciliation there is a decrease to the amount needed to fund the nonfederal share, the City can choose to receive the additional funds from DHCS. If mutually agreed upon by DHCS and the City, amounts due to or owed by City may be offset against future transfers.
Actual enrollment figures for this IGT capitation rate period will be considered final two years after December 31, 2023.
CY 2023 Voluntary Rate Range Program IGT Staff Report
August 13, 2024
The required upfront payment and subsequent disbursement from CalOptima are calculated below. They are based on Medi-Cal managed care services provided by the City from January 1, 2023, to December 31, 2023.
$ 779,750 Estimated Contribution (Non-Federal Share) that Fountain Valley Pays + $ 155,950 20% DHCS Assessment Fee that Fountain Valley Pays $ 935,700 Total Amount that Fountain Valley Pays (New Appropriation Request) $ 2,352,283 Estimated Disbursement to Fountain Valley minus CalOptima’s 2% Share - $ 935,700 Total Amount that Fountain Valley Paid
$ 1,416,583 Estimated Net Revenue that Fountain Valley Receives (98% Share) ATTORNEY REVIEW:
The Attorney(s) for the City has reviewed and approved the agreements.
ALTERNATIVES:
Alternative No. 1: Approve the City’s voluntary participation in the Calendar Year 2023 Voluntary Rate Range Program Intergovernmental Transfer (VRRP IGT); authorize the City Manager and/or Fire Chief to execute the Intergovernmental Agreement Regarding Transfer of Public Funds with the California Department of Health Care Services; authorize the City Manager and/or Fire Chief to execute the Health Plan-Provider Agreement Intergovernmental Transfer Rate Range Program Agreement with CalOptima; authorize the appropriation of $935,700 from the General Fund to be added to the FY24/25 budget for the VRRP IGT Program; and create a revenue line item in the Ambulance Program budget labeled “VRRP IGT Program Revenue” to account for the received IGT funds.
Alternative No. 2: Do not approve the City’s voluntary participation in the Calendar Year 2023 Voluntary Rate Range Program Intergovernmental Transfer (VRRP IGT).
RECOMMENDATION:
Staff recommends Alternative No. 1.
Prepared by: Tim Saiki, Battalion Chief
Reviewed by: William McQuaid, Fire Chief
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
CY 2023 Voluntary Rate Range Program IGT Staff Report
August 13, 2024
Attachments:
1. Agreement with Department of Heath Care Services
2. Agreement with CalOptima Health
3. IGT 13 Funds Flow Estimate Summary
4. CalOptima Health Board of Directors Regular Meeting Minutes, dated June 6, 2024
5. VRRP IGT PowerPoint
CONTRACT # IGT-23-0007
1 Template Version - 3/2024
INTERGOVERNMENTAL AGREEMENT REGARDING
TRANSFER OF PUBLIC FUNDS
This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (“DHCS”) and CITY OF FOUNTAIN VALLEY (“GOVERNMENTAL FUNDING ENTITY”) with respect to the matters set forth below.
The parties agree as follows:
AGREEMENT
1. Transfer of Public Funds
1.1 The GOVERNMENTAL FUNDING ENTITY agrees to make a transfer of funds to DHCS pursuant to sections 14164 and 14301.4 of the Welfare and Institutions Code.
The amount transferred shall be based on the sum of the applicable rate category per member per month (“PMPM”) contribution increments multiplied by member months, as reflected in Exhibit
1. The GOVERNMENTAL FUNDING ENTITY agrees to initially transfer amounts that are calculated using the Estimated Member Months in Exhibit 1, which will be reconciled to actual enrollment for the service period of January 1, 2023 through December 31, 2023 in accordance with Sub-Section 1.3 of this Agreement. The funds transferred shall be used as described in SubSection 2.2 of this Agreement. The funds shall be transferred in accordance with the terms and conditions, including schedule and amount, established by DHCS.
1.2 The GOVERNMENTAL FUNDING ENTITY shall certify that the funds transferred qualify for Federal Financial Participation pursuant to 42 C.F.R. part 433, subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, Federal money excluded from use as State match, impermissible taxes, and non-bona fide providerPage 390 CONTRACT # IGT-23-0007
2 Template Version - 3/2024
related donations. Impermissible sources do not include patient care or other revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding.
1.3 DHCS shall reconcile the “Estimated Member Months,” in Exhibit 1, to actual enrollment in HEALTH PLAN(S) for the service period of January 1, 2023 through December 31, 2023 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated enrollment figures become available.
Actual enrollment figures will be considered final two years after December 31, 2023. If reconciliation results in an increase to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, the GOVERNMENTAL FUNDING ENTITY agrees to transfer any additional funds necessary to cover the difference. If reconciliation results in a decrease to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, DHCS agrees to return the unexpended funds to the GOVERNMENTAL FUNDING ENTITY. If DHCS and the GOVERNMENTAL FUNDING ENTITY mutually agree, amounts due to or owed by the GOVERNMENTAL FUNDING ENTITY may be offset against future transfers.
2. Acceptance and Use of Transferred Funds
2.1 DHCS shall exercise its authority under section 14164 of the Welfare and Institutions Code to accept funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to this Agreement as Intergovernmental Transfer (IGTs), to use for the purpose set forth in Sub-Section 2.2.
2.2 The funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to Section 1 and Exhibit 1 of this Agreement shall be used to fund the non-federal share
CONTRACT # IGT-23-0007
3 Template Version - 3/2024
of Medi-Cal Managed Care actuarially sound capitation rates described in section 14301.4(b)(4) of the Welfare and Institutions Code as reflected in the contribution PMPM and rate categories reflected in Exhibit 1. The funds transferred shall be paid, together with the related Federal Financial Participation, by DHCS to HEALTH PLAN(S) as part of HEALTH PLAN(S)’ capitation rates for the service period of January 1, 2023 through December 31, 2023, in accordance with section 14301.4 of the Welfare and Institutions Code.
2.3 DHCS shall seek Federal Financial Participation for the capitation rates specified in Sub-Section 2.2 to the full extent permitted by federal law.
2.4 The parties acknowledge that DHCS will obtain any necessary approvals from the Centers for Medicare and Medicaid Services.
2.5 DHCS shall not direct HEALTH PLAN(S)’ expenditure of the payments received pursuant to Sub-Section 2.2.
3. Assessment Fee
3.1 DHCS shall exercise its authority under section 14301.4 of the Welfare and Institutions Code to assess a 20 percent fee related to the amounts transferred pursuant to Section 1 of this Agreement, except as provided in Sub-Section 3.2. GOVERNMENTAL FUNDING ENTITY agrees to pay the full amount of that assessment in addition to the funds transferred pursuant to Section 1 of this Agreement.
3.2 The 20-percent assessment fee shall not be applied to any portion of funds transferred pursuant to Section 1 that are exempt in accordance with sections 14301.4(d) or 14301.5(b)(4) of the Welfare and Institutions Code. DHCS shall have sole discretion to determine the amount of the funds transferred pursuant to Section 1 that will not be subject to a
CONTRACT # IGT-23-0007
4 Template Version - 3/2024
20 percent fee. DHCS has determined that $ 0.00 of the transfer amounts will not be assessed a 20 percent fee, subject to Sub-Section 3.3.
3.3 The 20-percent assessment fee pursuant to this Agreement is nonrefundable and shall be wired to DHCS simultaneously with the transfer amounts made under Section 1 of this Agreement. If at the time of the reconciliation performed pursuant to SubSection 1.3 of this Agreement, there is a change in the amount transferred that is subject to the 20-percent assessment in accordance with Sub-Section 3.1, then a proportional adjustment to the assessment fee will be made.
4. Amendments
4.1 No amendment or modification to this Agreement shall be binding on either party unless made in writing and executed by both parties.
4.2 The parties shall negotiate in good faith to amend this Agreement as necessary and appropriate to implement the requirements set forth in Section 2 of this Agreement.
5. Notices. Any and all notices required, permitted, or desired to be given hereunder by one party to the other shall either be sent via secure email or submitted in writing to the other party personally or by United States First Class, Certified or Registered mail with postage prepaid, addressed to the other party at the address as set forth below:
To the GOVERNMENTAL FUNDING ENTITY:
William McQuaid, Fire Chief
10200 Slater Avenue
Fountain Valley, CA 92708
(714) 593-4436
[email protected]
CONTRACT # IGT-23-0007
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With copies to:
Tim Saiki, Battalion Chief
10200 Slater Avenue
Fountain Valley, CA 92708
(714) 593-4436
[email protected]
To DHCS:
Vivian Beeck
California Department of Health Care Services
Capitated Rates Development Division
1501 Capitol Ave., MS 4413
Sacramento, CA 95814
[email protected]
6. Other Provisions
6.1 This Agreement contains the entire Agreement between the parties with respect to the Medi-Cal payments described in Sub-Section 2.2 of this Agreement that are funded by the GOVERNMENTAL FUNDING ENTITY, and supersedes any previous or contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements between the GOVERNMENTAL FUNDING ENTITY and DHCS relating to the subject matter of this Agreement. This Agreement is not, however, intended to be the sole agreement between the parties on matters relating to the funding and administration of the MediCal program. This Agreement shall not modify the terms of any other agreement, existing or entered into in the future, between the parties.
6.2 The non-enforcement or other waiver of any provision of this Agreement shall not be construed as a continuing waiver or as a waiver of any other provision of this Agreement.
CONTRACT # IGT-23-0007
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6.3 Sections 2 and 3 of this Agreement shall survive the expiration or termination of this Agreement.
6.4 Nothing in this Agreement is intended to confer any rights or remedies on any third party, including, without limitation, any provider(s) or groups of providers, or any right to medical services for any individual(s) or groups of individuals. Accordingly, there shall be no third party beneficiary of this Agreement.
6.5 Time is of the essence in this Agreement.
6.6 Each party hereby represents that the person(s) executing this Agreement on its behalf is duly authorized to do so. Any required signature(s) on any documents must be in compliance with California Government Code section 16.5 and any other applicable state or federal regulations.
7. State Authority. Except as expressly provided herein, nothing in this Agreement shall be construed to limit, restrict, or modify the DHCS’ powers, authorities, and duties under Federal and State law and regulations.
8. Approval. This Agreement is of no force and effect until signed by the parties.
9. Term. This Agreement shall be effective as of January 1, 2023 and shall expire as of June 30, 2026 unless terminated earlier by mutual agreement of the parties.
CONTRACT # IGT-23-0007
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SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last signature below.
City of Fountain Valley:
By: Date: _______________________
(Funding Entity Signer)
THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES:
By: Date: _______________________
David Bishop, Division Chief, Capitated Rates Development Division
CONTRACT # IGT-23-0007
8 Template Version - 3/2024
Exhibit 1
* Note that Estimated Member Months are subject to variation, and the actual total Contribution (Non-Federal Share) may differ from the amount listed here. * FMAP is a weighted blend of multiple FMAPs.
Health Plan Funding Entity County Service Period Participation % CalOptima City of Fountain Valley Orange 1/2023 - 12/2023 1.48% Category of Aid SIS/UIS Contribution
PMPM
Estimated Member
Months*
Estimated
Contribution (NonFederal Share)
Child SIS $ 0.04 3,472,048 $ 138,882
Child UIS $ 0.03 148,873 $ 4,466
Adult SIS $ 0.10 1,423,569 $ 142,357
Adult UIS $ 0.07 267,683 $ 18,738
ACA Optional Expansion SIS $ 0.02 3,773,376 $ 75,468
ACA Optional Expansion UIS $ 0.02 419,435 $ 8,389
SPD SIS $ 0.32 442,469 $ 141,590
SPD UIS $ 0.29 86,182 $ 24,993
SPD/Full-Dual SIS $ 0.11 1,299,679 $ 142,965
SPD/Full-Dual UIS $ 0.04 6,355 $ 254
LTC SIS $ 0.32 2,597 $ 831
LTC UIS $ 0.29 1,559 $ 452
LTC/Full-Dual SIS $ 0.11 31,893 $ 3,508
LTC/Full-Dual UIS $ 0.05 124 $ 6
Whole Child Model SIS $ 0.57 133,436 $ 76,059
Whole Child Model UIS $ 0.19 4,171 $ 792
Est. FE Total 11,513,449 $ 779,750
HEALTH PLAN-PROVIDER AGREEMENT
INTERGOVERNMENTAL TRANSFER RATE RANGE PROGRAM AGREEMENT This Agreement is made this 1st day of September, 2024, by and CALOPTIMA HEALTH, a California public agency hereinafter referred to as "PLAN", and the City of Fountain Valley, a California municipal corporation operating through its Fire Department, hereinafter referred to as "PROVIDER".
RECITALS:
WHEREAS, PLAN is a public agency formed pursuant to California Welfare and Institutions Code Section 14087.54 and Orange County Ordinance No. 3896 as amended by Ordinance Nos. 00-8, 05-008, 06-012, 09-001, 11-013, 14-002 and 16-001, and is party to a Medi-Cal managed care contract with DHCS, entered into pursuant to Welfare and Institutions Code Section 14087.3, under which PLAN arranges and pays for the provision of covered MediCal health care services to eligible Medi-Cal members residing in Orange County; WHEREAS, the City of Fountain Valley is an emergency transport provider who provides transportation on a non-contract basis, including to CalOptima Health Medi-Cal Members;
WHEREAS, PLAN and PROVIDER desire to enter into this Agreement to provide for Medi-Cal managed care capitation rate increases to PLAN as a result of intergovernmental transfers (“IGTs”) from City of Fountain Valley (GOVERNMENTAL FUNDING ENTITY) to the California Department of Health Care Services (“State DHCS”) to maintain the availability of Medi-Cal health care services to Medi-Cal beneficiaries.
NOW, THEREFORE, PLAN and PROVIDER hereby agree as follows:
IGT MEDI-CAL MANAGED CARE CAPITATION RATE RANGE INCREASES
1. IGT Capitation Rate Range Increases to PLAN
A. Payment
Should PLAN receive any Medi-Cal managed care capitation rate increases from State DHCS where the nonfederal share is funded by the GOVERNMENTAL FUNDING ENTITY specifically pursuant to the provisions of the Intergovernmental Agreement Regarding Transfer of Public Funds, CONTRACT# IGT-23-0007, (“Intergovernmental Agreement”) effective for the period of and January 1, 2023 through December 31, 2023 for Intergovernmental Transfer Medi-Cal Managed Care Rate Range Increases (“IGT MMCRRIs”), PLAN shall pay to PROVIDER the amount of the IGT MMCRRIs received from State DHCS, in accordance with paragraph 1.E below regarding the form and timing of Local Medi-Cal Managed Care Rate Range (“LMMCRR”) IGT Payments. LMMCRR IGT Payments paid to PROVIDER shall not replace or supplant any other amounts paid or payable to PROVIDER by PLAN.
Attachment 2
2 B. Health Plan Retention
(1) a. PLAN shall retain two percent (2.0%) of the net proceeds (after reimbursing PROVIDER’s initial contribution for the transaction), from the Medi-Cal managed care rate increases paid to PLAN by DHCS as described in this agreement prior to disbursing LMMCRR IGT Payments to PROVIDER. The retained funds will be expended by PLAN for Covered Services under PLAN’s contract with DHCS for Medi-Cal, in either the State fiscal year received, or in subsequent State fiscal years, as appropriated by the CalOptima Health Board of Directors.
Each provider’s share of the retained funds shall be calculated based on the provider’s proportionate share of the LMMCRR IGT payment made by PLAN in Orange County. b. The amounts referenced in this agreement are estimates. The parties understand and agree that the total amount of the Medi-Cal managed care capitation rate increases paid by DHCS to PLAN may fluctuate as a result of enrollment. The parties further understand and agree that any such fluctuations will likewise affect the amount to be retained by the PLAN and the amount payable to PROVIDER by the same percentage as the variance in the capitation rate increases, if any.
(2) PLAN will not retain any other portion of the IGT MMCRRIs received from the State DHCS other than those mentioned above.
C. Conditions for Receiving Local Medi-Cal Managed Care Rate Range IGT Payments
As a condition for receiving LMMCRR IGT Payments, PROVIDER shall, as of the date the particular LMMCRR IGT Payment is due:
(1) continue to provide emergency transport services to PLAN Members promptly and in a manner which ensures access to care consistent with PROVIDER’s regular business practices for providing such services; and (2) not discriminate against PLAN Members or in any way impose limitations on the acceptance of PLAN Members for care or treatment that are not imposed on other patients of PROVIDER.
D. Schedule and Notice of Transfer of Non-Federal Funds
1. PROVIDER shall provide PLAN with a copy of the schedule regarding the transfer of funds to State DHCS referred to in the Intergovernmental Transfer Agreement within fifteen (15) calendar days of establishing such schedule with State DHCS. Additionally, PROVIDER shall notify PLAN, in writing, no less than seven (7) calendar days prior to any changes to an existing schedule, including but not limited to, changes to the amounts specified therein.
3 2. PROVIDER shall provide PLAN with written notice of the amount and date of the transfer within seven (7) calendar days after funds have been transferred to State DHCS for use as the nonfederal share of any IGT MMCRRIs.
E. Form and Timing of Payments
PLAN agrees to pay LMMCRR IGT Payments to PROVIDER in the following form and according to the following schedule:
(1) PLAN agrees to pay the LMMCRR IGT Payments to PROVIDER using the same mechanism through which compensation and payments are normally paid to PROVIDER (e.g., electronic transfer).
(2) PLAN will pay the LMMCRR IGT Payments to PROVIDER no later than thirty (30) calendar days after receipt of the IGT MMCRRIs from State DHCS.
F. Consideration
(1) As consideration for the LMMCRR IGT Payments, PROVIDER shall use the LMMCRR IGT Payments for the following purposes and shall treat the LMMCRR IGT Payments in the following manner:
(a) The LMMCRR IGT Payments shall represent compensation for emergency ambulance services rendered to Medi-Cal PLAN members by PROVIDER between January 1, 2023, and December 31, 2023, and shall be used by PROVIDER solely to fund the costs that exceed the fee-for-service rates paid by Medi-Cal PLAN for covered services provided to Medi-Cal PLAN Members during that period.
(b) To the extent that total payments received by PROVIDER for any State fiscal year under this Agreement exceed the cost of Covered Services provided to Medi-Cal PLAN members by PROVIDER during that fiscal year, any remaining LMMCRR IGT Payment amounts shall constitute an overpayment, and shall by returned to Medi-Cal PLAN pursuant to the provisions of Section 1.K., below
(2) Both parties agree that none of these funds, either from the GOVERNMENTAL FUNDING ENTITY or federal matching funds will be recycled back to the GOVERNMENTAL FUNDING ENTITY’S general fund, the State, or any other intermediary organization. Payments made by the health plan to providers under the terms of this Agreement constitute patient care revenues.
G. PLAN’s Oversight Responsibilities
PLAN’s oversight responsibilities regarding PROVIDER’s use of the LMMCRR IGT Payments shall be limited as described in this paragraph. PLAN shall request, within thirty (30) calendar days after the end of each State fiscal year in which LMMCRR IGT Payments were transferred to PROVIDER, a written confirmation that states whether and how PROVIDER complied with the provisions set forth in Paragraph 1.F above. In each instance, PROVIDER
4 shall provide PLAN with written confirmation of compliance within thirty (30) calendar days of PLAN’s request.
H. Cooperation Among Parties
Should disputes or disagreements arise regarding the ultimate computation or appropriateness of any aspect of the LMMCRR IGT Payments, PROVIDER and PLAN agree to work together in all respects to support and preserve the LMMCRR IGT Payments to the full extent possible on behalf of the safety net in Orange County.
I. Reconciliation
Within one hundred twenty (120) calendar days after the end of each of PLAN’s fiscal years in which LMMCRR IGT Payments were made to PROVIDER, PLAN shall perform a reconciliation of the LMMCRR IGT Payments transmitted to the PROVIDER during the preceding fiscal year to ensure that the supporting amount of IGT MMCRRIs were received by PLAN from State DHCS. PROVIDER agrees to return to PLAN any overpayment of LMMCRR IGT Payments made in error to PROVIDER within thirty (30) calendar days after receipt from PLAN of a written notice of the overpayment error, unless PROVIDER submits a written objection to PLAN. Any such objection shall be resolved in accordance with the dispute resolution process set forth in Section 1.H. The reconciliation processes established under this paragraph are distinct from the indemnification provisions set forth in Paragraph 1.J below.
PLAN agrees to transmit to the PROVIDER any underpayment of LMMCRR IGT Payments within thirty (30) calendar days of PLAN’s identification of such underpayment.
J. Indemnification
PROVIDER agrees to and acknowledges the following: (1) PLAN has no obligation to make any payments hereunder until PLAN has received IGT MMCRRIs from State DHCS; (2) that PLAN is not responsible for State DHCS payments to PLAN, including any mathematical calculations made by DHCS, and (3) PLAN is not responsible for the timing of the payments from DHCS to PLAN (including the conditions precedent to the timing of such payments which includes the timing of DHCS submission to CMS and/or CMS review and approval). In addition, PLAN and PROVIDER agree and acknowledge that nothing herein is intended to create an obligation on the part of PLAN to agree to delays in capitation payment(s) from DHCS in order to accommodate this IGT.
K. Overpayments and CalOptima Health Right to Recover
PROVIDER has an obligation to report any overpayment identified by PROVIDER, and to repay such overpayment to CalOptima Health within sixty (60) days of such identification by PROVIDER, or of receipt of notice of an overpayment identified by CalOptima Health. PROVIDER acknowledges and agrees that, in the event that CalOptima Health determines that an amount has been overpaid or paid in duplicate, or that funds were paid which were not due under this Contract to PROVIDER, CalOptima Health shall have the right to recover such amounts from PROVIDER by recoupment or offset from current or future amounts due from CalOptima Health to PROVIDER, after giving notice and an opportunity to return/pay such amounts. This right to recoupment or offset shall extend to any amounts due from
5 PROVIDER to CalOptima Health, including, but not limited to, amounts due because of overpayments as described in the provisions of this agreement.
2. Term
The term of this agreement shall commence on January 1, 2023 and shall terminate on June 30, 2026.
SIGNATURES
HEALTH PLAN: CalOptima Health
Date:
By: Yunkyung Kim, Chief Operating Officer
PROVIDER: City of Fountain Valley
Date: _____________
By: Glenn Grandis, Mayor
ATTEST:
________________________________________________ Date: _____________ Rick Miller, City Clerk
APPROVED AS TO FORM:
________________________________________________ Date: _____________ Colin Burns, City Attorney
Attachment 3
Projections for CY 2023 IGT Transaction with City of Fountain Valley Fire Department ESTIMATE for City of Fountain Valley Fire Department Amount
1. City of Fountain Valley IGT Transfer to DHCS $ 779,750
2. City of Fountain Valley Additional 20% State Fee to DHCS $ 155,950
3. Federal Match of City of Fountain Valley IGT $ 1,601,443
4. Increased Capitation Payment from DHCS to CalOptima Health $ 2,381,193
5. City of Fountain Valley's Initial Contribution (Original transfer + 20% State Fee) 935,700
6. Net IGT Transaction Revenue for Orange County 1,445,493 98% Share for City of Fountain Valley $ 1,416,583
2% Share for CalOptima Health $ 28,910
7. Total Payment to City of Fountain Valley $ 2,352,283 Anticipated Rate of Return for City of Fountain Valley 251% NOTE: Updated estimate based on DHCS contracts in August 2024
CALOPTIMA HEALTH BOARD ACTION AGENDA REFERRAL
Action To Be Taken June 6, 2024
Regular Meeting of the CalOptima Health Board of Directors Consent Calendar
15. Authorize Pursuit of Proposals with Qualifying Funding Partners to Secure Medi-Cal Funds Through the Voluntary Rate Range Intergovernmental Transfer Program for Calendar Year 2023 Contact
Donna Laverdiere, Executive Director, Strategic Development (714)-986-6981 Recommended Actions
Authorize the following activities to secure Medi-Cal funds through the Voluntary Rate Range Intergovernmental Transfer (IGT) for Calendar Year 2023 (IGT 13):
1. Submission of a proposal to the California Department of Health Care Services to participate in IGT 13;
2. Pursuit of funding partnerships with eligible participating entities; and
3. The Chief Executive Officer executing agreements with these entities and their designated providers, as necessary, to seek IGT 13 funds.
Background
The Voluntary Rate Range IGT program allows the Department of Health Care Services (DHCS) and CalOptima Health to secure additional Medi-Cal dollars for eligible Orange County entities. For each IGT transaction, DHCS identifies the estimated member months for rate categories (e.g., adult, adult optional expansion, child, long term care, seniors and persons with disabilities, and whole child model) and provides the total amount available for Orange County to contribute through funding entities. To receive funds, entities provide a dollar amount to DHCS, which is then used to obtain a federal match.
DHCS distributes the funds and the match to the eligible entities through CalOptima Health. To date, CalOptima Health has participated in twelve Voluntary Rate Range IGT transactions.
CalOptima Health retains a 2% administrative fee of net proceeds to offset expenses for the administration of the Voluntary Rate Range IGT program.
Discussion
On May 29, 2024, CalOptima Health received notification from DHCS regarding the IGT 13 opportunity with up to $160.5 million in total funding availability for Orange County. CalOptima Health’s proposal, along with the proposed funding entities’ supporting documents, are due to DHCS no later than June 28, 2024.
CalOptima Health will contact the six CY 2022 program participants (University of California-Irvine, First 5 Orange County, the County of Orange, the City of Orange, the City of Newport Beach, and the City of Huntington Beach) to inform them of the CY 2023 Voluntary Rate Range IGT program timeline and funding availability. CalOptima Health will also reach out to additional potentially eligible funding partners to inform them of the program timeline and requirements.
Board approval is requested to authorize staff to submit the proposal letter to DHCS for participation in IGT 13 and to authorize the Chief Executive Officer to enter into agreements with each of the identified Back to Agenda
CalOptima Health Board Action Agenda Referral
Authorize Pursuit of Proposals with Qualifying Funding
Partners to Secure Medi-Cal Funds Through the
Voluntary Rate Range Intergovernmental Transfer
Program for Calendar Year 2023
funding entities submitting a letter of interest, or their designated providers, for the purpose of securing available IGT funds. Staff will submit to the Board the final list of funding partners and allocations for ratification at the August 1, 2024, meeting of the Board.
Fiscal Impact
Staff anticipates IGT 13 will be net budget neutral to CalOptima Health. CalOptima Health will retain a 2% administrative fee of net proceeds or approximately $1.95 million to offset expenses for the administration of the program. The remaining net proceeds will be distributed to the participating IGT funding entities.
Rationale for Recommendation
Submission of the proposal and authorization of funding agreements will allow the ability to maximize Orange County’s available IGT funds for Calendar Year 2023. It will increase dollars to funding entities in Orange County to support Medi-Cal services to CalOptima Health members.
Concurrence
James Novello, Outside General Counsel, Kennaday Leavitt Attachments
1. Department of Health Care Services Voluntary Rate Range IGT Program Notification Letter
2. CY 2023 DHCS Attachment B Voluntary Rate Range Program – DHCS Template
3. CY 2023 DHCS Attachment C – CalOptima Health Estimated Funding Allocation
4. CY 2023 Voluntary Rate Range Letter of Intent Template
5. Prior Year – CY 2022 Voluntary Rate Range Program Participating Entities /s/ Michael Hunn 05/31/2024
Authorized Signature Date
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Attachment B
Voluntary Rate Range Program Supplemental Attachment
Calendar Year 2023 (January 1, 2023 through December 31, 2023) Provider's Legal Name:
County:
Health Plan:
Instructions
Charges Costs
Payments from
Health Plan*
Uncompensated
Charges (charges less
payments)
Uncompensated
Costs (Costs less
payments)
Inpatient $ - $ -
Outpatient (not including pharmacy services billed
by a pharmacy on a pharmacy claim )** $ - $ -
Pharmacy services billed by a pharmacy on a
pharmacy claim** $ - $ -
All Other $ - $ -
Total $ - $ - $ - $ - $ -
* Include payments received and anticipated to be received, for dates of service from July 1, 2021 - June 30, 2022. (Yes / No)
If No, please specify the amount of funding available:
4. We ask that a duly authorized representative formally attest to the following:
(i) The legal name of the entity transferring funds:
(iii) The source of the funds:
(iv) Does the transferring entity have general taxing authority? (Yes / No) (Yes / No)
5. Comments / Notes
Attestation by duly authorized representative:
Please print the Name (first & last), and Title:
Signature & Date:
** As of January 1, 2021, the following pharmacy benefits when billed by a pharmacy on a pharmacy claim will no longer be managed care covered benefits and will be covered through Medi-Cal Rx instead: Covered Outpatient Drugs, including Physician Administered Drugs; Medical Supplies; and Enteral Nutritional Products. Therefore, any charges, costs, or payments associated with pharmacy services that were billed by a pharmacy on a pharmacy claim for the dates of service from July 1, 2021 - June 30, 2022 must be documented separately on the "Pharmacy services billed by a pharmacy on a pharmacy claim" line above.
Complete all yellow-highlighted fields. Submit this completed form via e-mail to Vivian Beeck ([email protected]) at the Department of Health Care Services (DHCS) by no later than June 28, 2024.
1. In the table below, report charges/costs and payments received or expected to be received from the Health Plan indicated above for Medi-Cal services (Inpatient, Outpatient, and All Other) provided to Medi-Cal beneficiaries enrolled in the Health Plan and residing in the County indicated above, for dates of service from SFY 2021-22 (July 1, 2021 - June 30, 2022).
(Funds must not be derived from impermissible sources such as recycled Medicaid payments, federal funds excluded from use as State match, impermissible taxes, and non-bona fide provider-related donations. Impermissible sources do not include patient care or other revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding.)
2. Are you able to fund 100% of the higher of the uncompensated charges or uncompensated costs (as stated above)?
3. Describe the scope of services provided to the specified Health Plan's Medi-Cal members, and if these services were provided under a contract arrangement.
If No, does the transferring entity receive State appropriations (identify level of appropriation)? This may include, but not limited to, annual State appropriations for various programs, or realignment funds to support programs transferred by State Law to local control. (ii) The operational nature of the entity (county, city, special purpose district, state university teaching hospitals or other political subdivisions of the state) transferring funding:
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Voluntary Rate Range Program
Attachment C
January 1, 2023 - December 31, 2023
HPC Health Plan Name County Rate Categories (1) SIS/ UIS Total MMs CY 23 (2)
Lower Bound (per
Mercer Rate
Worksheets)
Upper Bound (per
Mercer Rate
Worksheets)
Difference
between Upper
and Lower
Bound
Other
Departmental
Usage
Available PMPM
(less Other Dept.
Usage)
Estimated
Available Total
Fund
Governmental
Funding Entity
Portion
Non Federal
Share %
506 CalOptima Orange Child SIS 3,472,048 99.09 $ 106.27 $ 7.18 $ - $ 7.18 $ 24,929,305 $ 10,525,551 42.22% 506 CalOptima Orange Child UIS 148,873 32.09 $ 34.73 $ 2.64 $ - $ 2.64 $ 393,025 $ 177,141 45.07% 506 CalOptima Orange Adult SIS 1,423,569 212.50 $ 225.70 $ 13.20 $ - $ 13.20 $ 18,791,110 $ 8,573,220 45.62% 506 CalOptima Orange Adult UIS 267,683 178.51 $ 189.06 $ 10.55 $ - $ 10.55 $ 2,824,056 $ 1,254,778 44.43% 506 CalOptima Orange ACA Optional Expansion SIS 3,773,376 304.58 $ 322.43 $ 17.85 $ 4.46 $ 13.39 $ 50,525,505 $ 5,052,550 10.00% 506 CalOptima Orange ACA Optional Expansion UIS 419,435 292.09 $ 308.77 $ 16.68 $ 4.17 $ 12.51 $ 5,247,132 $ 575,180 10.96% 506 CalOptima Orange SPD SIS 442,469 949.31 $ 995.41 $ 46.10 $ - $ 46.10 $ 20,397,821 $ 9,515,885 46.65% 506 CalOptima Orange SPD UIS 86,182 755.35 $ 797.07 $ 41.72 $ - $ 41.72 $ 3,595,513 $ 1,661,790 46.22% 506 CalOptima Orange SPD/Full-Dual SIS 1,299,679 456.76 $ 472.77 $ 16.01 $ - $ 16.01 $ 20,807,861 $ 9,720,739 46.72% 506 CalOptima Orange SPD/Full-Dual UIS 6,355 119.05 $ 125.99 $ 6.94 $ - $ 6.94 $ 44,104 $ 20,604 46.72% 506 CalOptima Orange LTC SIS 2,597 949.31 $ 995.41 $ 46.10 $ - $ 46.10 $ 119,722 $ 55,930 46.72% 506 CalOptima Orange LTC UIS 1,559 755.35 $ 797.07 $ 41.72 $ - $ 41.72 $ 65,041 $ 30,381 46.71% 506 CalOptima Orange LTC/Full-Dual SIS 31,893 456.76 $ 472.77 $ 16.01 $ - $ 16.01 $ 510,607 $ 238,539 46.72% 506 CalOptima Orange LTC/Full-Dual UIS 124 119.05 $ 125.99 $ 6.94 $ - $ 6.94 $ 861 $ 402 46.69% 506 CalOptima Orange Whole Child Model SIS 133,436 1,761.91 $ 1,852.98 $ 91.07 $ - $ 91.07 $ 12,152,017 $ 5,094,006 41.92% 506 CalOptima Orange Whole Child Model UIS 4,171 552.77 $ 583.55 $ 30.78 $ - $ 30.78 $ 128,383 $ 54,716 42.62% 506 CalOptima Orange All COAs 11,513,449 287.15 $ 302.71 $ 15.56 $ 8.63 $ 13.94 $ 160,532,063 $ 52,551,412 32.74% Footnotes:
1 The supplemental payments (Maternity and BHT) are not included in the rate range calculation. 2 Mainstream Member Months are actuals for CY 23 MM effective as of March 2024.
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Attachment to the June 6, 2024 Board of Directors Meeting – Agenda Item 15 Attachment 5 – Prior Year CY 2022 Voluntary Rate Range Program Participating Entities Legal Name Address City State Zip
code
City of Huntington Beach 2000 Main Street Huntington
Beach CA 92648
City of Newport Beach 100 Civic Center Drive Newport
Beach CA 92660
City of Orange 300 E. Chapman Avenue Orange CA 92866
Children and Families Commission of
Orange County
(First 5 Orange County)
1505 E 17th Street, Suite 230 Santa Ana CA 92705
Orange County Health Care Agency 405 W. 5th Street, 7th Floor Santa Ana CA 92701 Regents of the University of
California, Irvine Medical Center
(UCI Health)
333 City Blvd. West, Suite
200 Orange CA 92868
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Voluntary Rate Range
IGT Program(VRRP IGT)
FOUNTAIN VALLEY FIRE DEPARTMENT
AUGUST 13, 2024
Background
The California Department of Health Care Services (DHCS) offers local units of government that provide health care services the opportunity to secure additional Medi-Cal cost recovery to help recover unreimbursed costs for providing those services. This program is called the Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT).
Background
The Voluntary Rate Range IGT program allows the Department of Health Care Services (DHCS) and CalOptima Health to secure additional Medi-Cal dollars for eligible Orange County entities. For each IGT transaction, DHCS identifies the estimated member months for rate categories (e.g., adult, adult optional expansion, child, long term care, seniors and persons with disabilities, and whole child model) and provides the total amount available for Orange County to contribute through funding entities. To receive funds, entities provide a dollar amount to DHCS, which is then used to obtain a federal match. DHCS distributes the funds and the match to the eligible entities through CalOptima Health. To date, CalOptima Health has participated in twelve Voluntary Rate Range IGT transactions. (Exerpt from CalOptima Board Meeting)
History of Program in Orange
County
The VRRP IGT program is voluntary, and there is no contractual guarantee that the City will receive its initial investment. However, other local California governments participating in the IGT program have previously received their initial investment plus the additional IGT funds for a net revenue increase.
The City of Newport Beach and the City of Orange have participated in the VRRP IGT for over six years and have received net revenue. The City of Huntington Beach joined the program last year and received over 3 million dollars in net revenue. Other entities eligible for the VRRP IGT through CalOptima include First 5 Orange County, Orange County Health Care Agency, and UCI Health.
Financial Analysis
779,750 - Estimated Contribution (Non-Federal Share) that Fountain Valley Pays 155,950 - 20% DHCS Assessment Fee that Fountain Valley Pays 935,700 - Total Amount that Fountain Valley Pays (New Appropriation Request) 2,352,283 - Estimated Disbursement to Fountain Valley minus CalOptima’s 2% Share 935,700 - Total Amount that Fountain Valley Paid
1,416,583 - Estimated Net Revenue that Fountain Valley Receives (98% Share)
Alternatives
Alternative No. 1:
Approve the City’s voluntary participation in the Calendar Year 2023 Voluntary Rate Range Program Intergovernmental Transfer (VRRP IGT)
Authorize the City Manager and/or Fire Chief to execute the Intergovernmental Agreement Regarding Transfer of Public Funds with the California Department of Health Care Services
Authorize the City Manager and/or Fire Chief to execute the Health Plan-Provider Agreement Intergovernmental Transfer Rate Range Program Agreement with CalOptima
Authorize the appropriation of $935,700 from the General Fund to be added to the FY24/25 budget for the VRRP IGT Program
Create a revenue line item in the Ambulance Program budget labeled “VRRP IGT Program Revenue” to account for the received IGT funds. Alternative No. 2: Do not approve the City’s voluntary participation in the Calendar Year 2023 Voluntary Rate Range Program Intergovernmental Transfer (VRRP IGT).
Recommendation
Staff recommends Alternative No. 1.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: August 13, 2024
Members of the City Council
SUBJECT: Accept the bids and award a construction contract to DASH Construction Company Inc. for the Residential Roadway Rehabilitation Project (City Quadrant C3), Project No. 25001, in the amount not-to-exceed $1,987,957.26.
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
Staff recommends that the City Council accept the bids and award a construction contract to DASH Construction Company Inc. for the Residential Roadway Rehabilitation Project (City Quadrant C3) in the amount not-to-exceed $1,987,957.26. Staff intends to administratively issue a Purchase Order to Annealta Group, Inc.’s On-Call contract for Inspection Services in the amount not-to-exceed $65,760, and a Purchase Order to GMU Geotechnical, Inc.’s On-Call contract for Materials Testing Services in the amount not-to-exceed $19,476.
In a continuing effort to increase the longevity of the City of Fountain Valley’s residential streets, the Engineering Division is preparing the next residential roadway rehabilitation project. This Project provides rehabilitation and resurfacing of City streets in Quadrant C3, bounded by Heil Avenue, Bushard Street, Warner Avenue, and Magnolia Street. Construction is anticipated to begin in end of Summer 2024 and be completed by Fall of 2024.
The construction of this important project is funded by the following funds: SB1, Gas Tax, General Fund (Measure HH Funds), and Enterprise Water and Sewer Funds. There is adequate funding within the FY2024/2025 Adopted Budget.
Residential Roadway Rehabilitation Project (City Quadrant C3) - DASH August 13, 2024
DISCUSSION:
The City’s residential roadway rehabilitation program maintains quality pavement conditions by virtue of the use of varying pavement rehabilitation treatment types. The residential roadway rehabilitation program also includes improvements to deficient curb, gutter, parkway, and non-ADA compliant sidewalks and curb ramps.
The FY2024/2025 Residential Roadway Rehabilitation Project (City Quadrant C3) will consist of a combination of the following methods, depending upon pavement conditions and appropriate treatment:
Mill and overlay of asphalt concrete
Application of crack seal and slurry seal in areas not receiving asphalt concrete Removal and reconstruction of deteriorated sections of curb and gutter Removal and reconstruction of damaged sidewalk panels Removal and reconstruction of deteriorated driveway approaches Removal and reconstruction of deteriorated cross gutters Adjustment of utility covers to grade
Restoration and installation of traffic delineation/striping In addition to the scope of work outlined above, this project will provide removal and reconstruction of curb and gutter and sidewalk for forty-four (44) Americans with Disabilities Act (ADA) compliant curb ramps. Title II of the ADA requires that all local governments ensure
Residential Roadway Rehabilitation Project (City Quadrant C3) - DASH August 13, 2024
that persons with disabilities have unimpeded access to pedestrian routes in the public rightof-way. According to the most current interpretation, released by the Department of Justice/Federal Highway Administration, whenever streets, roadways, or highways are altered, curb ramps compliant with the current standards must be provided where street-level pedestrian walkways cross curbs. Since mill and overlay constitute an alteration under the ADA guidelines, it warrants the obligation to provide curb ramps where pedestrian walkways intersect the resurfaced streets. The forty-four (44) ADA-compliant curb ramps have a total cost of $292,100.60. This interpretation affects all paving projects going forward adding significant costs to each project to construct new ADA ramps.
PROCUREMENT:
On June 13, 2024, the City publicly advertised Request for Bid (RFB) No. 24-006, Residential Roadway Rehabilitation (City Quadrant C3), Project 25001. On July 9, 2024, the City received eight (8) bids. The lowest responsible and responsive bidder, DASH Construction Company, Inc. submitted a bid for $1,987,957.26, in accordance with the City requirements and purchasing policies.
Contractor Total Bid Amount
1. 1. DASH Construction Company Inc.
2. LCR Earthwork & Engineering, Corp.
3. ONYX PAVING COMPANY INC.
4. Sequel Contractors, Inc.
5. Copp Contracting, Inc.
6. R.J. Noble Company
7. Hardy & Harper, Inc.
8. All American Asphalt
Engineer’s Estimate:
$1,987,957.26
$2,227,748.34
$2,228,000.00
$2,319,295.81
$2,328,565.95
$2,427,192.40
$2,460,000.00
$2,568,534.86
$2,450,000.00
DASH Construction Company Inc. has completed similar projects for other California municipalities including in the Cities of El Segundo and Chino. On February 20, 2024, City Council approved the award of a construction contract to DASH Construction Company Inc. for the Rehabilitation and Resurfacing of Warner Avenue and Ellis Avenue from Brookhurst Street to Bushard Street and improvements to Slater Avenue, Project No. 24010 where construction successfully began in May of 2024.
DASH is the lowest responsive and responsible bidder for the Residential Roadway Rehabilitation (City Quadrant C3), Project 25001, and submitted a bid in accordance with City requirements and purchasing policies.
On-Call Consultant Services
Due to project size and nature of the work, dedicated inspection and materials testing services will be required on this project to ensure timely responses, contract compliance, and proper Quality Assurance/Quality Control (QA/QC) during construction activities. Therefore, City staff intends to utilize the City Council approved On-Call consultant list to administratively issue
Residential Roadway Rehabilitation Project (City Quadrant C3) - DASH August 13, 2024
Purchase Orders for the inspection and material testing services that are needed for this project.
Inspection Services
City staff solicited and received proposals from Annealta Group, Inc. (Annealta), Onward Engineering (Onward), and Dudek, Inc. from the City’s On-Call consultant list for inspection services. Annealta submitted a proposal in the amount of $65,760, Onward submitted a proposal in the amount of $68,880, and Dudek submitted a proposal in the amount of $117,000.
Annealta is a well-known civil engineering, construction management (CM), and inspection services firm with a good reputation. Annealta has previously provided construction inspection services in Fountain Valley for the Residential Roadway Rehabilitation project in City Quadrant D2 and Phase I of Frontier’s Fiber Optic project. As such, staff intends to administratively issue a Purchase Order to Annealta Group, Inc. in the amount of $65,760.
Materials Testing Services
City staff solicited and received proposals from GMU Geotechnical, Inc. (GMU) and Twining, Inc. (Twining) from the City’s On-Call consultant list for material testing services. GMU submitted a proposal in the amount of $19,476.00 and Twining submitted a proposal in the amount of $38,302.24.
GMU Geotechnical Inc. (GMU) is a well-known small business enterprise (SBE) civil engineering firm with over 30-years of experience providing materials testing services. GMU has previously provided material testing services in Fountain Valley for the Storm Drain and Channel Outlet Repair Talbert Channel Project. As such, staff intends to administratively issue a Purchase Order to GMU Geotechnical, Inc. (GMU) in the amount of $19,476.00.
Staff is in the process of an overall update to the City’s On-Call consultant list. A new set of Request For Qualifications (RFQs) for engineering related professional services has been recently issued for public bidding. The new On-Call consultant list is anticipated to be available for use in winter of 2024. Until the new list is available, staff will continue to use the existing City Council approved On-Call list for various engineering related professional service needs.
Residential Roadway Rehabilitation Project (City Quadrant C3) - DASH August 13, 2024
FISCAL REVIEW:
The current adopted FY2024/2025 budget includes sufficient funding for this project. The budget allocation and project expenses/costs are as follows:
Project Budget Allocation
Funding Source Project Budget Amount
SB1 $511,700
Gas Tax $1,778,300
General Fund (Measure HH) $1,300,000
Water Fund $50,000
Sewer Fund $40,000
Total Budget $3,680,000
Construction Project Expenses/Costs
Vendor/Item Project String Amount
Construction (DASH Construction Company, Inc.) 56012 $1,987,960 10% Contingency 56013 $198,796
Construction Management and Inspection (Annealta Group, Inc.)* 56011 $65,760 Materials Testing Services (GMU Geotechnical, Inc.)* 56011 $19,476 Project Plans and Bid Document Printing Costs 56011 $3,000 Staff Time 56011 $60,000
Total Project Costs $2,334,992
*Purchase Order to be issued administratively
Note that, as in all of the City’s Public Works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount. When the Council approves the contract, it approves this authority. Ten percent is generally considered within the normal range of changed conditions on a Public Works construction project and, by providing change order authority upfront, Council helps to reduce the possibility of delay damages that could be incurred when a contractor must stop work and wait for authorization to proceed.
Overall Project String Break down for Project No. 25001:
Project String Amount
Design/Planning for Fiscal Year 2025/2026 Residential Paving Project (56010) $80,000 Construction Management (56011) $88,236
Construction (56012) $1,987,960
Contingency – Construction (56013) $198,796
Force Account – Staff Time (56011) $60,000
Total $2,414,992
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
Residential Roadway Rehabilitation Project (City Quadrant C3) - DASH August 13, 2024
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the DASH Construction Company, Inc.
Contract for Project No. 25001 construction, and the Annealta Group, Inc. CON 21-70 (Munis CON 1005) for inspection services on November 16, 2021 and the GMU Geotechnical, Inc.
CON 22-29 (Munis CON 1244) on May 17, 2022.
ALTERNATIVES:
Alternative No. 1:
1) Accept the bids and award a construction contract to DASH Construction Company Inc. for the Residential Roadway Rehabilitation Project (City Quadrant C3), in the amount not-to-exceed $1,987,957.26.
Alternative No. 2:
1) Reject all bids and do not move forward with the award of a contract.
This is not the recommended alternative as the bids received are competitive bids and DASH Construction Company Inc. is a reputable contractor that has completed many similar municipal projects throughout Southern California. Moving forward with this project will prevent further degradation of the City’s residential streets that, if not performed now, will cost considerably more in the future due to continued deterioration, rising fuel costs, and inflation.
Further, moving forward with this project will provide the City the opportunity to utilize SB1 funding in the amount of $511,700.
RECOMMENDATION:
It is recommended that the City Council approved Alternative No. 1, which is to:
1) Accept the bids and award a construction contract to DASH Construction Company Inc. for the Residential Roadway Rehabilitation Project (City Quadrant C3), in the amount not-to-exceed $1,987,957.26.
Prepared by: Terri Phan, Management Aide
Recommended by: Jessenia Penaloza, Assistant Engineer
Recommended by: Kyle Knoke, P.E., Engineering Associate Reviewed by: Temo Galvez, P.E., Deputy Public Works Director / City Engineer Approved by: Scott Smith, P.E., Director of Public Works Fiscal Review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: DASH Construction Company Inc. contract
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: August 13, 2024
Members of the City Council
SUBJECT: Waive the bidding requirements pursuant to FVMC 2.36.070 Par 2, and award a contract to TESCO Controls, LLC in an amount not to exceed $562,340, including a $50,000 contingency, for Project No. 24036 – SCADA system software and hardware upgrade.
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☒ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
City staff is requesting that City Council waive the bidding requirements pursuant to FVMC
2.36.070 Par 2, and award a contract to TESCO Controls, LLC in an amount not to exceed $562,340, including a contingency of $50,000, for Project No. 24036 – SCADA system software and hardware upgrade.
The City’s water facilities, flood control pump stations, and wastewater lift station are managed by a high-tech computer-based control system. Control systems of this type are commonplace throughout water agencies, flood control, and wastewater applications. The Supervisory Control and Data Acquisition (SCADA) system is an extremely powerful and cost-effective management tool. Multiple benefits include economical water delivery and increased water availability during high demand, such as fire suppression. Additionally, after hours and during rainstorms, staff can monitor conditions and turn on pumps from remote locations using an iPad. Operation of the system has been continuous since its start-up in 1990. The original SCADA computer hardware/software system was upgraded in 2008. After 16 years, the system has reached the end of its useful life cycle and is in need of an upgrade.
The original SCADA system was competitively bid and constructed. Configuration and programming of the hardware/software central control is proprietary to TESCO Controls, LLC (TESCO). Because the replacement can only be completed by TESCO, Public Works and
SCADA System Software & Hardware Upgrade
August 13, 2024
Information Technology staff have collaboratively negotiated a replacement proposal with TESCO that best meets the City’s needs.
Fountain Valley Municipal Code 2.36.070 (Paragraph 2) in part states that bidding may be dispensed with “when the commodity or service can be obtained from only one vendor.” DISCUSSION:
Each component of the City’s water production/distribution facilities, which includes wells, reservoirs, and the Metropolitan Water District (MWD) import connection, is monitored, supervised, and managed by a Supervisory Control and Data Acquisition (SCADA) system with the central control located at the City’s Corporation Yard. In addition, the system also oversees the operation of the City’s storm drain and sewer lift stations. In general terms, the SCADA system is comprised of smart, stand-alone microprocessors located at 16 sites throughout the City. The smart, stand-alone proprietary microprocessors are referred to as remote terminal units (RTU’s). The RTU’s receive operational commands and send information back to the SCADA central control through programmable logic controller (PLC) programming that can also be remotely monitored. Communications are accomplished at high speed over the City-owned fiber optic network. In addition to the routine exchange of commands and information, alarms such as low water pressure or power failures, are reported to the central control. During regular working hours, such abnormalities will trigger visual alarms, notifying staff monitoring the system. After hours, the central computer will select one of the many pre-designated alarm codes and text message the appropriate staff member for intervention. The system will continue to send alerts and will notify additional staff members in progression until the alarm is acknowledged. The SCADA system is extremely powerful and is a cost-effective water/wastewater management tool. System benefits include:
Sophisticated control of the import water connection has allowed Fountain Valley to become very efficient at flow changes, pressure management, and regulating the flow of MWD import water into the Distribution System. Along with other attributes of the SCADA system, it has allowed the City to participate successfully in Orange County Water District’s groundwater basin management programs by allowing operational personnel to adjust import water flows so that basin pumping percentages are attained. Monitoring the water treatment applications of fluoridation and chlorination. For safety reasons, it monitors for equipment failures or dosing issues and quickly notifies appropriate personnel if needed 24 hours a day, 7 days a week. Monitoring thousands of equipment operating conditions, such as engine temperature, oil pressure, vibration, plant performance, water pressure, groundwater levels, and fire protection storage reserves, just to name a few.
Database archiving of system performance, water demand, pressure, fire-protection storage reserves, communications stability, and system breakdowns, are among a variety of items that are plotted and analyzed for changing trends. This information is vital for predicting future needs, troubleshooting, and preventing shortfalls. Allowing operators to control the water system from home. This is very important in responding to alarm conditions or extreme changes in water demand. After hours and during rainstorms, staff can monitor conditions and turn on pumps from home using City-issued iPads or laptops.
SCADA System Software & Hardware Upgrade
August 13, 2024
Enabling the City to avoid the need for additional operational staff, especially during certain times of the day. For example, with today’s traffic patterns, it would be difficult without overtime expenses or adding additional employees for operational staff to make the final check rounds, start and stop pumps, and ensure optimal pressures at each of the sites at the end of the day. However, with the SCADA system, an operator can oversee and control the entire system at the same time from the central control.
As part of the upgrade, the computers, monitors, servers, and software at the central control will be replaced and all the existing fiber optic communications equipment (RTU’s and sensors) will remain in use. Software reconfiguration provides a major benefit that we do not presently enjoy. The communications package will continue to allow approved staff members to access the system via the City’s iPads now with more enhanced security features and protocols. This is a major benefit for the City and management staff. On occasion, a duty operator will need direction after hours or on weekends. If a staff member needs direction from the management team during weekends or after hours while operating the system, the supervisor will also be able to access the system from home on one of the City’s iPads.
The SCADA system is dependent on legacy and modern components, which have been integrated for backward compatibility that incorporates custom, site-specific software and programming specifically developed by TESCO for the City’s system; therefore, aspects of these systems are proprietary in nature. TESCO has worked with the City to establish program procedures, standards, and methodologies crucial to the functionality and operation of systems deployed by TESCO within the City’s control automation infrastructure. Elements of these solutions are comprised of TESCO-brand products (hardware and software) specifically manufactured by TESCO. This makes TESCO the most cost-effective and ideal solution provider for continued support, services, and product builds, while also preserving uniformity throughout the City’s infrastructure relating to standards, maintenance, operations, training, and spare parts. Because this is a proprietary system that can only be obtained from one vendor, staff is recommending that bidding be dispensed with, and replacement equipment be purchased from TESCO. Other vendors would have to replace all of the proprietary TESCO hardware and software. These costs are estimated to be approximately $650,000 in addition to the current upgrade costs. This would also require analysis and specifications to be prepared for bidding which would add even more additional costs. Network security, connectivity, software, and hardware are a critical aspect of this project, Public Works and Information Technology staff have spent months working together collaboratively negotiating with TESCO for the best possible upgrade and price. The final proposal replaces all the wornout hardware and associated software that are part of the Central Control system at the Corporation Yard. As demonstrated in the financial review, there are sufficient funds for the total project cost of up to $621,136. Of this, the requested Purchase Order for TESCO is $562,340, which includes a contingency of $50,000. The remaining project cost is for ITrelated security software upgrades that will be handled through separate purchase orders.
This project supports the City’s three-year strategic goal to maintain, build, and modernize infrastructure to support the growth and future needs of the City. Upgrading the SCADA system software and hardware will also help the City attract and retain quality staff through best practices and trends by providing a robust operating system.
SCADA System Software & Hardware Upgrade
August 13, 2024
FISCAL REVIEW:
The total projected cost to upgrade the water system’s SCADA hardware and software is $571,136. This total includes Microsoft licensing, Palo Alto Networks security software and firewall, configuration services, static IP addresses and fiber internet, and new iPads that are compatible with the newer versions of software. These will be purchased internally through the Information Technology Department on separate purchase orders. The licensing and software products are on 3-5 year terms and will require future ongoing maintenance costs when they expire. Lastly, staff is requesting a contingency of $50,000 to cover any unforeseen costs. This brings the project total to $621,136.
The current adopted budget for the Water Utility Fund allocates a total of $3,150,000 in the Public Works Department – PW Projects (Non-recurring) – Misc. Capital Outlay account (500.50.95001.56002) for various projects. A total of $750,000 in this account is specifically allocated for upgrading the SCADA system (Project No. 24036).
FY 2024/25
Water Utility Fund
Public Works Department – PW Projects (Non-recurring) – Misc. Capital Outlay 500.50.95001.56002
$3,150,000 for Various Projects
FY 2024/25 Budget for SCADA Hardware/Software Upgrade Project $ 750,000 TESCO Quote for SCADA System Upgrade $ 512,340
Contingency $ 50,000
Total Amount Needed for TESCO Purchase Order $ 562,340
Insight Quote for Microsoft Licensing and Software* $ 36,400 NMK Corporation Quote for Cortex Security Software* $ 2,128 NMK Corporation Quote for Palo Alto Firewall* $ 7,498
GST Quote for Configuration Services* $ 6,280
Spectrum Enterprise Quote for Static IP Addresses and Fiber Internet (monthly fee) *
$ 1,135
Apple Approximate Price for iPads (Plus $50 Each Monthly fee) (7) * $ 5,355 Total Amount Needed for Project $ 621,136
There are sufficient funds budgeted in the Water Utility Enterprise fund for this project. *The Microsoft, Cortex, Palo Alto, configuration services, static IP addresses, fiber internet, and iPad products will be purchased separately by the Information Technology Department through separate Purchase Orders.
PUBLIC NOTIFICATION:
Not applicable.
SCADA System Software & Hardware Upgrade
August 13, 2024
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the contract.
ALTERNATIVES:
Alternative No. 1: Waive the bidding requirements pursuant to FVMC 2.36.070 Par 2, and award a contract to TESCO Controls, LLC in an amount not to exceed $562,340, including a $50,000 contingency, for Project No. 24036 – SCADA system software and hardware upgrade. This is the recommended action.
Alternative No. 2: Do not waive the bidding requirements in accordance with FVMC 2.36.070 Par 2, and direct staff to issue a request for proposals for Project No. 24036 – SCADA system software and hardware upgrade. This is not recommended because of the importance of maintaining the City’s preestablished equipment and standards, which will manage costs, downtime, consistency, training, and support for the City’s infrastructure without the need of having to replace additional equipment and software.
Alternative No. 3: Do not award a contract to TESCO Controls, LLC at this time, and defer and direct staff to return at a future date with an update on the condition of the SCADA system. This is not recommended because the SCADA system central control computers and associated software have reached the end of their useful life cycles and are no longer reliable. Replacement of the SCADA system central control computers and associated software is crucial to the operation of the City’s drinking water, storm water control, and wastewater facilities.
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1 to waive the bidding requirements pursuant to FVMC 2.36.070 Par 2, and award a contract to TESCO Controls, LLC in an amount not to exceed $562,340, including a $50,000 contingency, for Project No. 24036 – SCADA system software and hardware upgrade.
Prepared by: Joseph Macias, Water Supervisor
Reviewed by: Mark Sprague, Field Services Manager
Approved by: Scott Smith, Director of Public Works
Approved by: Scott Kim, Information Technology Director
SCADA System Software & Hardware Upgrade
August 13, 2024
Fiscal Review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager
Attachments:
1. Contract
2. Insight Quote for Microsoft Licensing and Software
3. NMK Corporation Quote for Cortex Security Software
4. NMK Corporation Quote for Palo Alto Firewall
5. GST Quote for Configuration Services
6. Spectrum Enterprise Quote for Static IP Addresses and Fiber Internet (monthly fee)
AGREEMENT FOR CONSULTANT SERVICES
CONTRACT # _______
SCADA System Software and Hardware Upgrade
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and TESCO Controls, LLC ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This AGREEMENT shall commence onAugust 13, 2024 (“EFFECTIVE DATE”) and remain and continue in effect until all tasks described herein are completed but in no event later than June 30, 2025, unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.
2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.
4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.
CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.
5. CITY MANAGEMENT
The Director of Public Works or his/her designee shall represent CITY in all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change CONSULTANT's
compensation, subject to Section 6 hereof.
6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed FIVE HUNDRED SIXTY-TWO THOUSAND THREE HUNDRED FORTY AND 00/100 DOLLARS ($562,340.00) (“TOTAL CONTRACT SUM”), which includes a contingency of FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00), for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived.
CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section 2.36.110 must be obtained from the City Council.
7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at
http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code.
(b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it
in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information.
CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS.
Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this
AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
(b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.
9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.
10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of
providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
11. INDEMNIFICATION
(a)Indemnification 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 (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty to defend, if CONSULTANT is a design professional as defined in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. (b) Indemnification 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 attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.
(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section.
Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.
13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections. The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom.
CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;
(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns.
If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.
14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner.
(b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.