to the Project’s environmental documentation may assert any issue timely raised by other parties).
Moreover, SWRCC requests that the Lead Agency provide notice for any and all notices referring or related to the Project issued under the California Environmental Quality Act (“CEQA”), Cal Public Resources Code (“PRC”) § 21000 et seq, and the California Planning and Zoning Law (“Planning and Zoning Law”), Cal. Gov’t Code §§ 65000–65010. California Public Resources Code Sections 21092.2, and 21167(f) and Government Code Section 65092 require agencies to mail such notices to any person who has filed a written request for them with the clerk of the agency’s governing body.
The City should require the use of a local skilled and trained workforce to benefit the community’s economic development and environment. The City should require the use of workers who have graduated from a Joint Labor Management apprenticeship training program approved by the State of California, or have at least as many hours of on-the-job experience in the applicable craft which would be required to graduate from such a state approved apprenticeship training program or who are registered apprentices in an apprenticeship training program approved by the State of California.
Community benefits such as local hire and skilled and trained workforce requirements can also be helpful to reduce environmental impacts and improve the positive economic impact of the Project. Local hire provisions requiring that a certain percentage of workers reside within 10 miles or less of the Project Site can reduce the length of vendor trips, reduce greenhouse gas emissions and providing localized economic benefits. Local hire provisions requiring that a certain percentage of workers reside within 10 miles or less of the Project Site can reduce the length of vendor trips, reduce greenhouse gas emissions and providing localized economic benefits. As environmental consultants Matt Hagemann and Paul E. Rosenfeld note:
[A]ny local hire requirement that results in a decreased worker trip length from the default value has the potential to result in a reduction of construction-related GHG emissions, though the significance of the reduction would vary based on the location and urbanization level of the project site.
March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and Considerations for Greenhouse Gas Modeling.
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Skilled and trained workforce requirements promote the development of skilled trades that yield sustainable economic development. As the California Workforce Development Board and the UC Berkeley Center for Labor Research and Education concluded:
. . . labor should be considered an investment rather than a cost – and investments in growing, diversifying, and upskilling California’s workforce can positively affect returns on climate mitigation efforts. In other words, well trained workers are key to delivering emissions reductions and moving California closer to its climate targets.
1 Local skilled and trained workforce requirements and policies have significant environmental benefits since they improve an area’s jobs-housing balance, decreasing the amount of and length of job commutes and their associated greenhouse gas emissions. Recently, on May 7, 2021, the South Coast Air Quality Management District found that that the “[u]se of a local state-certified apprenticeship program or a skilled and trained workforce with a local hire component” can result in air pollutant reductions.
2 Cities are increasingly adopting local skilled and trained workforce policies and requirements into general plans and municipal codes. For example, the City of Hayward 2040 General Plan requires the City to “promote local hiring . . . to help achieve a more positive jobs-housing balance, and reduce regional commuting, gas consumption, and greenhouse gas emissions.”3
In fact, the City of Hayward has gone as far as to adopt a Skilled Labor Force policy into its Downtown Specific Plan and municipal code, requiring developments in its Downtown area to requiring that the City “contribute to the stabilization of regional construction markets by spurring applicants of housing and nonresidential
1 California Workforce Development Board (2020) Putting California on the High Road: A Jobs and Climate Action Plan for 2030 at p. ii, available at https://laborcenter.berkeley.edu/ wp-content/uploads/2020/09/Putting-California-on-the-High-Road.pdf. 2 South Coast Air Quality Management District (May 7, 2021) Certify Final Environmental Assessment and Adopt Proposed Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions Program, and Proposed Rule 316 – Fees for Rule 2305, Submit Rule 2305 for Inclusion Into the SIP, and Approve Supporting Budget Actions, available at http://www.aqmd.gov/docs/default- source/Agendas/Governing-Board/2021/2021-May7-027.pdf?sfvrsn=10 3 City of Hayward (2014) Hayward 2040 General Plan Policy Document at p. 3-99, available at https://www.hayward-ca.gov/sites/default/files/documents/General_Plan_FINAL.pdf.
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developments to require contractors to utilize apprentices from state-approved, joint labor-management training programs, . . .”4 In addition, the City of Hayward requires all projects 30,000 square feet or larger to “utilize apprentices from state-approved, joint labor-management training programs.”5
Locating jobs closer to residential areas can have significant environmental benefits. .
As the California Planning Roundtable noted in 2008:
People who live and work in the same jurisdiction would be more likely to take transit, walk, or bicycle to work than residents of less balanced communities and their vehicle trips would be shorter. Benefits would include potential reductions in both vehicle miles traveled and vehicle hours traveled.6
In addition, local hire mandates as well as skill training are critical facets of a strategy to reduce vehicle miles traveled. As planning experts Robert Cervero and Michael Duncan noted, simply placing jobs near housing stock is insufficient to achieve VMT reductions since the skill requirements of available local jobs must be matched to those held by local residents.
7 Some municipalities have tied local hire and skilled and trained workforce policies to local development permits to address transportation issues. As Cervero and Duncan note:
In nearly bu ilt-out Berkeley, CA, the approach to balancing jobs and housing is to create local jobs rather than to develop new housing.” The city’s First Source program encourages businesses to hire local residents, especially for entry- and intermediate-level jobs, and sponsors vocational training to ensure residents are employment -ready. While the program is voluntary, some 300 businesses have used it to date, placing more than 3,000 city residents in local jobs since it was launched in 1986. When
4 City of Hayward (2019) Hayward Downtown Specific Plan at p. 5-24, available at https://www.hayward-ca.gov/sites/default/files/Hayward%20Downtown% 20Specific%20Plan.pdf.
5 City of Hayward Municipal Code, Chapter 10, § 28.5.3.020(C). 6 California Planning Roundtable (2008) Deconstructing Jobs-Housing Balance at p. 6, available at https://cproundtable.org/static/media/uploads/publications/cpr-jobs- housing.pdf
7 Cervero, Robert and Duncan, Michael (2006) Which Reduces Vehicle Travel More: Jobs- Housing Balance or Retail-Housing Mixing? Journal of the American Planning Association 72 (4), 475-490, 482, available at http://reconnectingamerica.org/assets/Uploads/UTCT- 825.pdf.
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needed, these carrots are matched by sticks, since the city is not shy about negotiating corporate participation in First Source as a condition of approval for development permits.
The City should consider utilizing skilled and trained workforce policies and requirements to benefit the local area economically and mitigate greenhouse gas, air quality and transportation impacts.
Sincerely,
______________________
Mitchell M. Tsai
Attorneys for Southwest Regional
Council of Carpenters
Attached:
March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and Considerations for Greenhouse Gas Modeling (Exhibit A); Air Quality and GHG Expert Paul Rosenfeld CV (Exhibit B); and Air Quality and GHG Expert Matt Hagemann CV (Exhibit C).
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EXHIBIT A
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1 2656 29th Street, Suite 201
Santa Monica, CA 90405
Matt Hagemann, P.G, C.Hg.
(949) 887-9013
[email protected]
Paul E. Rosenfeld, PhD
(310) 795-2335
[email protected]
March 8, 2021
Mitchell M. Tsai
155 South El Molino, Suite 104
Pasadena, CA 91101
Subject: Local Hire Requirements and Considerations for Greenhouse Gas Modeling Dear Mr. Tsai,
Soil Water Air Protection Enterprise (“SWAPE”) is pleased to provide the following draft technical report explaining the significance of worker trips required for construction of land use development projects with respect to the estimation of greenhouse gas (“GHG”) emissions. The report will also discuss the potential for local hire requirements to reduce the length of worker trips, and consequently, reduced or mitigate the potential GHG impacts.
Worker Trips and Greenhouse Gas Calculations
The California Emissions Estimator Model (“CalEEMod”) is a “statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions associated with both construction and operations from a variety of land use projects.”1 CalEEMod quantifies construction-related emissions associated with land use projects resulting from off-road construction equipment; on-road mobile equipment associated with workers, vendors, and hauling; fugitive dust associated with grading, demolition, truck loading, and on-road vehicles traveling along paved and unpaved roads; and architectural coating activities; and paving.2
The number, length, and vehicle class of worker trips are utilized by CalEEMod to calculate emissions associated with the on-road vehicle trips required to transport workers to and from the Project site during construction.3
1 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home. 2 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home. 3 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34.
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2 Specifically, the number and length of vehicle trips is utilized to estimate the vehicle miles travelled (“VMT”) associated with construction. Then, utilizing vehicle-class specific EMFAC 2014 emission factors, CalEEMod calculates the vehicle exhaust, evaporative, and dust emissions resulting from construction-related VMT, including personal vehicles for worker commuting.4
Specifically, in order to calculate VMT, CalEEMod multiplies the average daily trip rate by the average overall trip length (see excerpt below):
“VMTd = Σ(Average Daily Trip Rate i * Average Overall Trip Length i) n Where:
n = Number of land uses being modeled.”5
Furthermore, to calculate the on-road emissions associated with worker trips, CalEEMod utilizes the following equation (see excerpt below):
“Emissionspollutant = VMT * EFrunning,pollutant
Where:
Emissionspollutant = emissions from vehicle running for each pollutant VMT = vehicle miles traveled
EFrunning,pollutant = emission factor for running emissions.”6 Thus, there is a direct relationship between trip length and VMT, as well as a direct relationship between VMT and vehicle running emissions. In other words, when the trip length is increased, the VMT and vehicle running emissions increase as a result. Thus, vehicle running emissions can be reduced by decreasing the average overall trip length, by way of a local hire requirement or otherwise.
Default Worker Trip Parameters and Potential Local Hire Requirements As previously discussed, the number, length, and vehicle class of worker trips are utilized by CalEEMod to calculate emissions associated with the on-road vehicle trips required to transport workers to and from the Project site during construction.7 In order to understand how local hire requirements and associated worker trip length reductions impact GHG emissions calculations, it is important to consider the CalEEMod default worker trip parameters. CalEEMod provides recommended default values based on site-specific information, such as land use type, meteorological data, total lot acreage, project type and typical equipment associated with project type. If more specific project information is known, the user can change the default values and input project- specific values, but the California Environmental Quality Act (“CEQA”) requires that such changes be justified by substantial evidence.8 The default number of construction-related worker trips is calculated by multiplying the
4 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 14-15. 5 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 23. 6 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 15. 7 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34. 8 CalEEMod User Guide, available at: http://www.caleemod.com/, p. 1, 9.
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3 number of pieces of equipment for all phases by 1.25, with the exception of worker trips required for the building construction and architectural coating phases.9 Furthermore, the worker trip vehicle class is a 50/25/25 percent mix of light duty autos, light duty truck class 1 and light duty truck class 2, respectively.”10 Finally, the default worker trip length is consistent with the length of the operational home-to-work vehicle trips.11 The operational home-to-work vehicle trip lengths are:
“[B]ased on the location and urbanization selected on the project characteristic screen. These values were supplied by the air districts or use a default average for the state. Each district (or county) also assigns trip lengths for urban and rural settings” (emphasis added). 12 Thus, the default worker trip length is based on the location and urbanization level selected by the User when modeling emissions. The below table shows the CalEEMod default rural and urban worker trip lengths by air basin (see excerpt below and Attachment A).13
Worker Trip Length by Air Basin
Air Basin Rural (miles) Urban (miles)
Great Basin Valleys 16.8 10.8
Lake County 16.8 10.8
Lake Tahoe 16.8 10.8
Mojave Desert 16.8 10.8
Mountain Counties 16.8 10.8
North Central Coast 17.1 12.3
North Coast 16.8 10.8
Northeast Plateau 16.8 10.8
Sacramento Valley 16.8 10.8
Salton Sea 14.6 11
San Diego 16.8 10.8
San Francisco Bay Area 10.8 10.8
San Joaquin Valley 16.8 10.8
South Central Coast 16.8 10.8
South Coast 19.8 14.7
Average 16.47 11.17
Minimum 10.80 10.80
Maximum 19.80 14.70
Range 9.00 3.90
9 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34. 10 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at:
http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 15. 11 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at:
http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 14. 12 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at:
http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 21. 13 “Appendix D Default Data Tables.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/05_appendix-d2016-3-2.pdf?sfvrsn=4, p. D-84 – D-86.
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4 As demonstrated above, default rural worker trip lengths for air basins in California vary from 10.8- to 19.8- miles, with an average of 16.47 miles. Furthermore, default urban worker trip lengths vary from 10.8- to 14.7- miles, with an average of 11.17 miles. Thus, while default worker trip lengths vary by location, default urban worker trip lengths tend to be shorter in length. Based on these trends evident in the CalEEMod default worker trip lengths, we can reasonably assume that the efficacy of a local hire requirement is especially dependent upon the urbanization of the project site, as well as the project location.
Practical Application of a Local Hire Requirement and Associated Impact To provide an example of the potential impact of a local hire provision on construction-related GHG emissions, we estimated the significance of a local hire provision for the Village South Specific Plan (“Project”) located in the City of Claremont (“City”). The Project proposed to construct 1,000 residential units, 100,000-SF of retail space, 45,000-SF of office space, as well as a 50-room hotel, on the 24-acre site. The Project location is classified as Urban and lies within the Los Angeles-South Coast County. As a result, the Project has a default worker trip length of 14.7 miles.14 In an effort to evaluate the potential for a local hire provision to reduce the Project’s construction-related GHG emissions, we prepared an updated model, reducing all worker trip lengths to 10 miles (see Attachment B). Our analysis estimates that if a local hire provision with a 10-mile radius were to be implemented, the GHG emissions associated with Project construction would decrease by approximately 17% (see table below and Attachment C).
Local Hire Provision Net Change
Without Local Hire Provision
Total Construction GHG Emissions (MT CO2e) 3,623
Amortized Construction GHG Emissions (MT CO2e/year) 120.77 With Local Hire Provision
Total Construction GHG Emissions (MT CO2e) 3,024
Amortized Construction GHG Emissions (MT CO2e/year) 100.80 % Decrease in Construction-related GHG Emissions 17%
As demonstrated above, by implementing a local hire provision requiring 10 mile worker trip lengths, the Project could reduce potential GHG emissions associated with construction worker trips. More broadly, any local hire requirement that results in a decreased worker trip length from the default value has the potential to result in a reduction of construction-related GHG emissions, though the significance of the reduction would vary based on the location and urbanization level of the project site.
This serves as an example of the potential impacts of local hire requirements on estimated project-level GHG emissions, though it does not indicate that local hire requirements would result in reduced construction-related GHG emission for all projects. As previously described, the significance of a local hire requirement depends on the worker trip length enforced and the default worker trip length for the project’s urbanization level and location.
14 “Appendix D Default Data Tables.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/05_appendix-d2016-3-2.pdf?sfvrsn=4, p. D-85.
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5 Disclaimer
SWAPE has received limited discovery. Additional information may become available in the future; thus, we retain the right to revise or amend this report when additional information becomes available. Our professional services have been performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable environmental consultants practicing in this or similar localities at the time of service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties.
Sincerely,
Matt Hagemann, P.G., C.Hg.
Paul E. Rosenfeld, Ph.D.
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EXHIBIT B
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SOIL WATER AIR PROTECTION ENTERPRISE
2656 29th Street, Suite 201
Santa Monica, California 90405
Attn: Paul Rosenfeld, Ph.D.
Mobil: (310) 795-2335
Office: (310) 452-5555
Fax: (310) 452-5550
Email: [email protected]
Paul E. Rosenfeld, Ph.D. Page 1 of 10 June 2019
Paul Rosenfeld, Ph.D. Chemical Fate and Transport & Air Dispersion Modeling Principal Environmental Chemist Risk Assessment & Remediation Specialist
Education
Ph.D. Soil Chemistry, University of Washington, 1999. Dissertation on volatile organic compound filtration.
M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics.
B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment.
Professional Experience
Dr. Rosenfeld has over 25 years’ experience conducting environmental investigations and risk assessments for evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr.
Rosenfeld has evaluated and modeled emissions from unconventional oil drilling operations, oil spills, landfills, boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, and many other industrial and agricultural sources. His project experience ranges from monitoring and modeling of pollution sources to evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities.
Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents, pesticides, radioactive waste, dioxins and furans, semi- and volatile organic compounds, PCBs, PAHs, perchlorate, asbestos, per- and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance impacts and technologies for abatement of odorous emissions. As a principal scientist at SWAPE, Dr. Rosenfeld directs air dispersion modeling and exposure assessments. He has served as an expert witness and testified about pollution sources causing nuisance and/or personal injury at dozens of sites and has testified as an expert witness on more than ten cases involving exposure to air contaminants from industrial sources.
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Paul E. Rosenfeld, Ph.D. Page 2 of 10 June 2019
Professional History:
Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Founding Partner UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher) UCLA School of Public Health; 2003 to 2006; Adjunct Professor UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator UCLA Institute of the Environment, 2001-2002; Research Associate Komex H2O Science, 2001 to 2003; Senior Remediation Scientist National Groundwater Association, 2002-2004; Lecturer
San Diego State University, 1999-2001; Adjunct Professor Anteon Corp., San Diego, 2000-2001; Remediation Project Manager Ogden (now Amec), San Diego, 2000-2000; Remediation Project Manager Bechtel, San Diego, California, 1999 – 2000; Risk Assessor King County, Seattle, 1996 – 1999; Scientist
James River Corp., Washington, 1995-96; Scientist
Big Creek Lumber, Davenport, California, 1995; Scientist Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist
Publications:
Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48
Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property Value. Journal of Real Estate Research. 27(3):321-342
Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C., (2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632.
Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing.
Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL.
Procedia Environmental Sciences. 113–125.
Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal of Environmental Health. 73(6), 34-46.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing.
Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air Pollution, 123 (17), 319-327.
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Paul E. Rosenfeld, Ph.D. Page 3 of 10 June 2019
Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255.
Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527- 000530.
Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near a Former Wood Treatment Facility. Environmental Research. 105, 194-197.
Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357.
Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater, Compost And The Urban Environment. Water Science & Technology 55(5), 335-344.
Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food, Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing
Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science and Technology. 49(9),171-178.
Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor-Quality-Wheel Classification Scheme For The Urban Environment. Water Environment Federation’s Technical Exhibition and Conference (WEFTEC) 2004. New Orleans, October 2-6, 2004.
Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities, and the Land Application of Biosolids. Water Science and Technology. 49(9), 193-199.
Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science and Technology, 49( 9), 171-178.
Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from Windrows, Static Pile and Biofilter. Water Environment Research. 76(4), 310-315.
Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management Board Public Affairs Office, Publications Clearinghouse (MS–6), Sacramento, CA Publication #442-02-008.
Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water Soil and Air Pollution. 127(1-4), 173-191.
Rosenfeld, P.E., and Henry C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal of Environmental Quality. 29, 1662-1668.
Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor emissions and microbial activity. Water Environment Research. 73(4), 363-367.
Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and Biosolids Odorants. Water Environment Research, 73, 388-393.
Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor.
Water Environment Research. 131(1-4), 247-262.
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Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and distributed by the City of Redmond, Washington State.
Rosenfeld, P. E. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2).
Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users Network, 7(1).
Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources.
Rosenfeld, P. E. (1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters thesis reprinted by the Sierra County Economic Council. Sierra County, California.
Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses Of Biogas In The First And Third World. Bachelors Thesis. University of California.
Presentations:
Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile organic emissions from multiple natural gas wells in Decatur, TX. 44th Western Regional Meeting, American Chemical Society. Lecture conducted from Santa Clara, CA.
Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom-Stack, T.; Sahai, R.K.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water.
Urban Environmental Pollution. Lecture conducted from Boston, MA.
Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom-Stack, T.; Sahai, R.K.; La, M.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis, Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA.
Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS) Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting, Lecture conducted from Tuscon, AZ.
Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United States” Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting. Lecture conducted from Tuscon, AZ.
Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air Pollution XVII: Proceedings of the Seventeenth International Conference on Modeling, Monitoring and Management of Air Pollution. Lecture conducted from Tallinn, Estonia.
Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing Facility. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA.
Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium-Contaminated Water Into A Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA.
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Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment Facility Emissions. The 23rd Annual International Conferences on Soils Sediment and Water. Lecture conducted from University of Massachusetts, Amherst MA.
Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3- Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting. Lecture conducted from San Diego, CA.
Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala, Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA.
Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 – 25, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on Halogenated Persistent Organic Pollutants – DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia Hotel in Oslo Norway.
Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. APHA 134 Annual Meeting & Exposition. Lecture conducted from Boston Massachusetts.
Paul Rosenfeld Ph.D. (October 24-25, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.
Mealey’s C8/PFOA. Science, Risk & Litigation Conference. Lecture conducted from The Rittenhouse Hotel, Philadelphia, PA.
Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel, Irvine California.
Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California.
Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey’s Groundwater Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California.
Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.
International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from Sheraton Oceanfront Hotel, Virginia Beach, Virginia.
Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference.
Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.
Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.
Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois.
Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust.
Lecture conducted from Phoenix Arizona.
Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River.
Meeting of tribal representatives. Lecture conducted from Parker, AZ.
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Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners.
Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento, California.
Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL.
Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21, 2003) Understanding Historical Use, Chemical Properties, Toxicity and Regulatory Guidance of 1,4 Dioxane. National Groundwater Association. Southwest Focus Conference. Water Supply and Emerging Contaminants.. Lecture conducted from Hyatt Regency Phoenix Arizona.
Paul Rosenfeld, Ph.D. (February 6-7, 2003). Underground Storage Tank Litigation and Remediation. California CUPA Forum. Lecture conducted from Marriott Hotel, Anaheim California.
Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA Underground Storage Tank Roundtable. Lecture conducted from Sacramento California.
Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Understanding Odor from Compost, Wastewater and Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain.
Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Using High Carbon Wood Ash to Control Compost Odor.
Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain.
Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration.
Northwest Biosolids Management Association. Lecture conducted from Vancouver Washington..
Rosenfeld, P.E. and Grey, M. A. (November 11-14, 2002). Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from Indianapolis, Maryland.
Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water Environment Federation. Lecture conducted from Anaheim California.
Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted from Ocean Shores, California.
Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recovery Association. Lecture conducted from Sacramento California.
Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington.
Rosenfeld, P.E., and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil Science Society of America. Lecture conducted from Salt Lake City Utah.
Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington.
Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from Biosolids Application To Forest Soil. Biofest. Lecture conducted from Lake Chelan, Washington.
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Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington.
Rosenfeld, P.E., C.L. Henry, R. B. Harrison, and R. Dills. (1997). Comparison of Odor Emissions From Three Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim California.
Teaching Experience:
UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science 100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on the health effects of environmental contaminants.
National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage tanks.
National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1, 2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites.
California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design.
UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation Technologies focusing on Groundwater Remediation.
University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry, Organic Soil Amendments, and Soil Stability.
U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10.
Academic Grants Awarded:
California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment.
Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001.
Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University.
Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000.
King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on VOC emissions. 1998.
Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of polymers and ash on VOC emissions from biosolids. 1997.
James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered Poplar trees with resistance to round-up. 1996.
United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the Tahoe National Forest. 1995.
Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts in West Indies. 1993
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Deposition and/or Trial Testimony:
In the United States District Court For The District of New Jersey Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant.
Case No.: 2:17-cv-01624-ES-SCM
Rosenfeld Deposition. 6-7-2019
In the United States District Court of Southern District of Texas Galveston Division M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS “Conti Perdido” Defendant.
Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237 Rosenfeld Deposition. 5-9-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants Case No.: No. BC615636
Rosenfeld Deposition, 1-26-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants Case No.: No. BC646857
Rosenfeld Deposition, 10-6-2018; Trial 3-7-19
In United States District Court For The District of Colorado Bells et al. Plaintiff vs. The 3M Company et al., Defendants Case: No 1:16-cv-02531-RBJ
Rosenfeld Deposition, 3-15-2018 and 4-3-2018
In The District Court Of Regan County, Texas, 112th Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No 1923
Rosenfeld Deposition, 11-17-2017
In The Superior Court of the State of California In And For The County Of Contra Costa Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants Cause No C12-01481
Rosenfeld Deposition, 11-20-2017
In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295
Rosenfeld Deposition, 8-23-2017
In The Superior Court of the State of California, For The County of Los Angeles Warrn Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC Case No.: LC102019 (c/w BC582154)
Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018
In the Northern District Court of Mississippi, Greenville Division Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants Case Number: 4:16-cv-52-DMB-JVM
Rosenfeld Deposition: July 2017
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In The Superior Court of the State of Washington, County of Snohomish Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants Case No.: No. 13-2-03987-5
Rosenfeld Deposition, February 2017
Trial, March 2017
In The Superior Court of the State of California, County of Alameda Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants Case No.: RG14711115
Rosenfeld Deposition, September 2015
In The Iowa District Court In And For Poweshiek County
Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants Case No.: LALA002187
Rosenfeld Deposition, August 2015
In The Iowa District Court For Wapello County
Jerry Dovico, et al., Plaintiffs vs. Valley View Sine LLC, et al., Defendants Law No,: LALA105144 - Division A
Rosenfeld Deposition, August 2015
In The Iowa District Court For Wapello County
Doug Pauls, et al.,, et al., Plaintiffs vs. Richard Warren, et al., Defendants Law No,: LALA105144 - Division A
Rosenfeld Deposition, August 2015
In The Circuit Court of Ohio County, West Virginia
Robert Andrews, et al. v. Antero, et al.
Civil Action N0. 14-C-30000
Rosenfeld Deposition, June 2015
In The Third Judicial District County of Dona Ana, New Mexico Betty Gonzalez, et al. Plaintiffs vs. Del Oro Dairy, Del Oro Real Estate LLC, Jerry Settles and Deward DeRuyter, Defendants
Rosenfeld Deposition: July 2015
In The Iowa District Court For Muscatine County
Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant Case No 4980
Rosenfeld Deposition: May 2015
In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant.
Case Number CACE07030358 (26)
Rosenfeld Deposition: December 2014
In the United States District Court Western District of Oklahoma Tommy McCarty, et al., Plaintiffs, v. Oklahoma City Landfill, LLC d/b/a Southeast Oklahoma City Landfill, et al. Defendants.
Case No. 5:12-cv-01152-C
Rosenfeld Deposition: July 2014
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In the County Court of Dallas County Texas
Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant.
Case Number cc-11-01650-E
Rosenfeld Deposition: March and September 2013
Rosenfeld Trial: April 2014
In the Court of Common Pleas of Tuscarawas County Ohio
John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987) Rosenfeld Deposition: October 2012
In the United States District Court of Southern District of Texas Galveston Division Kyle Cannon, Eugene Donovan, Genaro Ramirez, Carol Sassler, and Harvey Walton, each Individually and on behalf of those similarly situated, Plaintiffs, vs. BP Products North America, Inc., Defendant.
Case 3:10-cv-00622
Rosenfeld Deposition: February 2012
Rosenfeld Trial: April 2013
In the Circuit Court of Baltimore County Maryland
Philip E. Cvach, II et al., Plaintiffs vs. Two Farms, Inc. d/b/a Royal Farms, Defendants Case Number: 03-C-12-012487 OT
Rosenfeld Deposition: September 2013
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EXHIBIT C
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1640 5th St.., Suite 204 Santa
Santa Monica, California 90401
Tel: (949) 887‐9013
Email: [email protected]
Matthew F. Hagemann, P.G., C.Hg., QSD, QSP
G
eologic and Hydrogeologic Characterization
Industrial Stormwater Compliance
Investigation and Remediation Strategies
Litigation Support and Testifying Expert
CEQA Review
Education:
M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA, 1984.
B.A. Degree, Geology, Humboldt State University, Arcata, CA, 1982.
Professional Certifications:
California Professional Geologist
California Certified Hydrogeologist
Qualified SWPPP Developer and Practitioner
Professional Experience:
Matt has 25 years of experience in environmental policy, assessment and remediation. He spent nine years with the U.S. EPA in the RCRA and Superfund programs and served as EPA’s Senior Science Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of the assessment of seven major military facilities undergoing base closure. He led numerous enforcement actions under provisions of the Resource Conservation and Recovery Act (RCRA) while also working with permit holders to improve hydrogeologic characterization and water quality monitoring.
Matt has worked closely with U.S. EPA legal counsel and the technical staff of several states in the application and enforcement of RCRA, Safe Drinking Water Act and Clean Water Act regulations. Matt has trained the technical staff in the States of California, Hawaii, Nevada, Arizona and the Territory of Guam in the conduct of investigations, groundwater fundamentals, and sampling techniques.
Positions Matt has held include:
• Founding Partner, Soil/Water/Air Protection Enterprise (SWAPE) (2003 – present); • Geology Instructor, Golden West College, 2010 – 2014; • Senior Environmental Analyst, Komex H2O Science, Inc. (2000 ‐‐ 2003); Item Title: 11.2
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• Executive Director, Orange Coast Watch (2001 – 2004); • Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989– 1998);
• Hydrogeologist, National Park Service, Water Resources Division (1998 – 2000); • Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 – 1998);
• Instructor, College of Marin, Department of Science (1990 – 1995); • Geologist, U.S. Forest Service (1986 – 1998); and
• Geologist, Dames & Moore (1984 – 1986).
Senior Regulatory and Litigation Support Analyst:
With SWAPE, Matt’s responsibilities have included:
• Lead analyst and testifying expert in the review of over 100 environmental impact reports since 2003 under CEQA that identify significant issues with regard to hazardous waste, water resources, water quality, air quality, Valley Fever, greenhouse gas emissions, and geologic hazards. Make recommendations for additional mitigation measures to lead agencies at the local and county level to include additional characterization of health risks and implementation of protective measures to reduce worker exposure to hazards from toxins and Valley Fever.
• Stormwater analysis, sampling and best management practice evaluation at industrial facilities. • Manager of a project to provide technical assistance to a community adjacent to a former Naval shipyard under a grant from the U.S. EPA.
• Technical assistance and litigation support for vapor intrusion concerns. • Lead analyst and testifying expert in the review of environmental issues in license applications for large solar power plants before the California Energy Commission. • Manager of a project to evaluate numerous formerly used military sites in the western U.S. • Manager of a comprehensive evaluation of potential sources of perchlorate contamination in Southern California drinking water wells.
• Manager and designated expert for litigation support under provisions of Proposition 65 in the review of releases of gasoline to sources drinking water at major refineries and hundreds of gas stations throughout California.
• Expert witness on two cases involving MTBE litigation. • Expert witness and litigation support on the impact of air toxins and hazards at a school. • Expert witness in litigation at a former plywood plant.
With Komex H2O Science Inc., Matt’s duties included the following:
• Senior author of a report on the extent of perchlorate contamination that was used in testimony by the former U.S. EPA Administrator and General Counsel. • Senior researcher in the development of a comprehensive, electronically interactive chronology of MTBE use, research, and regulation.
• Senior researcher in the development of a comprehensive, electronically interactive chronology of perchlorate use, research, and regulation.
• Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking water treatment, results of which were published in newspapers nationwide and in testimony against provisions of an energy bill that would limit liability for oil companies. • Research to support litigation to restore drinking water supplies that have been contaminated by MTBE in California and New York.
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• Expert witness testimony in a case of oil production‐related contamination in Mississippi. • Lead author for a multi‐volume remedial investigation report for an operating school in Los Angeles that met strict regulatory requirements and rigorous deadlines. 3 Item Title: 11.2
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• Development of strategic approaches for cleanup of contaminated sites in consultation with clients and regulators.
Executive Director:
As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange County beaches from multiple sources of contamination including urban runoff and the discharge of wastewater. In reporting to a Board of Directors that included representatives from leading Orange County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the development of countywide water quality permits for the control of urban runoff and permits for the discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council.
Hydrogeology:
As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army Airfield, and Sacramento Army Depot. Specific activities were as follows:
• Led efforts to model groundwater flow and contaminant transport, ensured adequacy of monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and groundwater.
• Initiated a regional program for evaluation of groundwater sampling practices and laboratory analysis at military bases.
• Identified emerging issues, wrote technical guidance, and assisted in policy and regulation development through work on four national U.S. EPA workgroups, including the Superfund Groundwater Technical Forum and the Federal Facilities Forum.
At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and published by the State of Hawaii and County of Maui.
As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included the following:
• Received an EPA Bronze Medal for his contribution to the development of national guidance for the protection of drinking water.
• Managed the Sole Source Aquifer Program and protected the drinking water of two communities through designation under the Safe Drinking Water Act. He prepared geologic reports, conducted public hearings, and responded to public comments from residents who were very concerned about the impact of designation.
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• Reviewed a number of Environmental Impact Statements for planned major developments, including large hazardous and solid waste disposal facilities, mine reclamation, and water transfer.
Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows:
• Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements.
• Reviewed and wrote ʺpart Bʺ permits for the disposal of hazardous waste. • Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed the basis for significant enforcement actions that were developed in close coordination with U.S.
EPA legal counsel.
• Wrote contract specifications and supervised contractor’s investigations of waste sites.
With the National Park Service, Matt directed service‐wide investigations of contaminant sources to prevent degradation of water quality, including the following tasks:
• Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the Clean Water Act to control military, mining, and landfill contaminants. • Conducted watershed‐scale investigations of contaminants at parks, including Yellowstone and Olympic National Park.
• Identified high‐levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on appropriate response actions under CERCLA. • Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a national workgroup.
• Developed a program to conduct environmental compliance audits of all National Parks while serving on a national workgroup.
• Co‐authored two papers on the potential for water contamination from the operation of personal watercraft and snowmobiles, these papers serving as the basis for the development of nation‐ wide policy on the use of these vehicles in National Parks. • Contributed to the Federal Multi‐Agency Source Water Agreement under the Clean Water Action Plan.
Policy:
Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection Agency, Region 9. Activities included the following:
• Advised the Regional Administrator and senior management on emerging issues such as the potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking water supplies.
• Shaped EPA’s national response to these threats by serving on workgroups and by contributing to guidance, including the Office of Research and Development publication, Oxygenates in Water: Critical Information and Research Needs.
• Improved the technical training of EPAʹs scientific and engineering staff. • Earned an EPA Bronze Medal for representing the region’s 300 scientists and engineers in negotiations with the Administrator and senior management to better integrate scientific principles into the policy‐making process.
• Established national protocol for the peer review of scientific documents. 5 Item Title: 11.2
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Geology:
With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific activities were as follows:
• Mapped geology in the field, and used aerial photographic interpretation and mathematical models to determine slope stability.
• Coordinated his research with community members who were concerned with natural resource protection.
• Characterized the geology of an aquifer that serves as the sole source of drinking water for the city of Medford, Oregon.
As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern Oregon. Duties included the following:
• Supervised year‐long effort for soil and groundwater sampling. • Conducted aquifer tests.
• Investigated active faults beneath sites proposed for hazardous waste disposal.
Teaching:
From 1990 to 1998, Matt taught at least one course per semester at the community college and university levels:
• At San Francisco State University, held an adjunct faculty position and taught courses in environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater contamination.
• Served as a committee member for graduate and undergraduate students. • Taught courses in environmental geology and oceanography at the College of Marin.
Matt taught physical geology (lecture and lab and introductory geology at Golden West College in Huntington Beach, California from 2010 to 2014.
Invited Testimony, Reports, Papers and Presentations:
Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public Environmental Law Conference, Eugene, Oregon.
Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S.
EPA Region 9, San Francisco, California.
Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and Public Participation. Brownfields 2005, Denver, Coloradao.
Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las Vegas, NV (served on conference organizing committee).
Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at schools in Southern California, Los Angeles.
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Brown, A., Farrow, J., Gray, A. and Hagemann, M., 2004. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells.
Presentation to the Ground Water and Environmental Law Conference, National Groundwater Association.
Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Phoenix, AZ (served on conference organizing committee).
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy of Sciences, Irvine, CA.
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a tribal EPA meeting, Pechanga, CA.
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a meeting of tribal repesentatives, Parker, AZ.
Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter‐Tribal Meeting, Torres Martinez Tribe.
Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant.
Invited presentation to the U.S. EPA Region 9.
Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited presentation to the California Assembly Natural Resources Committee.
Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental Journalists.
Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater (and Who Will Pay). Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and State Underground Storage Tank Program managers.
Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MTBE in Groundwater. Unpublished report.
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Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water.
Unpublished report.
Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage Tanks. Unpublished report.
Hagemann, M.F., and VanMouwerik, M., 1999. Potential Water Quality Concerns Related to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report.
VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water Resources Division, National Park Service, Technical Report.
Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright Society Biannual Meeting, Asheville, North Carolina.
Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada.
Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City.
Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui, October 1996.
Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air and Waste Management Association Publication VIP‐61.
Hagemann, M.F., 1994. Groundwater Characterization and Cleanup a t Closing Military Bases in California. Proceedings, California Groundwater Resources Association Meeting.
Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of Groundwater.
Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL‐ contaminated Groundwater. California Groundwater Resources Association Meeting. 8 Item Title: 11.2
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Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of Prevention... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35.
Other Experience:
Selected as subject matter expert for the California Professional Geologist licensing examination, 2009‐ 2011.
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Appendix D: Glossary of Terms Page D-1
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APPENDIX D: GLOSSARY OF TERMS
Above-Moderate-Income Household. A household with an annual income usually greater than 120% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of housing and Urban Development (HUD) for the Section 8 housing program.
Affirmatively Furthering Fair Housing (AFFH): Affirmatively Furthering Fair Housing (AFFH) is a legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing Act. AFFH means "taking meaningful actions, in addition to combating discrimination, that overcome pattern s of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
Apartment. An apartment is one (1) or more rooms in an apartment house or dwelling occupied or intended or designated for occupancy by one (1) family for sleeping or living purposes and containing one (1) kitchen.
Assisted Housing. Generally multi-family rental housing, but sometimes single -family ownership units, whose construction, financing, sales prices, or rents have been subsidized by federal, State, or local housing programs including, but not limited to Federal State, or local housing programs including, but not limited to Federal Section 8 (new construction, substantial rehabilitation, and loan management set-asides), Federal Sections 213, 236, and 202, Federal Sections 221 (d) (3) (below -market interest rate program), Federal Sections 101 (rent supplement assistance), CDBG, FmHA Sections 515, multi-family mortgage revenue bond programs, local redevelopment and in lieu fee programs, and units developed pursuant to local inclusionary housing and density bonus programs.
Below-Market-Rate (BMR). Any housing unit specifically priced to be sold or rented to low- or moderate- income households for an amount less than the fair-market value of the unit. Both the State of California Item Title: 11.2
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and the U.S. Department of Housing and Urban Development set standards for determining which households qualify as “low-income” or “moderate-income.” The financing of housing at less than prevailing interest rates.
Build-Out. That level of urban development characterized by full occupancy of all developable sites in accordance with the General Plan; the maximum level of development envisioned by the General Plan. Build- out does not assume that each parcel is developed to include all floor area or housing units possible under zoning regulations.
Community Development Block Grant (CDBG). A grant program administered by the U.S. Department of Housing and Urban Development (HUD) on a formula basis for entitled communities and administered by the State Department of Housing and Community Development (HCD) for non-entitled jurisdictions. This grant allots money to cities and counties for housing rehabilitation and community development, including public facilities and economic development.
Condominium. A structure of two or more units, the interior spaces of which are individually owned; the balance of the property (both land and building) is owned in common by the owners of the individual units. (See “Townhouse.”)
Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease.
Deed. A legal document which affects the transfer of ownership of real estate from the seller to the buyer.
Density Bonus. The allocation of development rights that allow a parcel to accommodate additional squ are footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity at the same site or at another location.
Density, Residential. The number of permanent residential dwelling units per acre of land. Densities specified in the General Plan may be expressed in units per gross acre or per net developable acre.
Developable Land. Land that is suitable as a location for structures and that can be developed free of hazards to, and without disruption of, or significant impact on, natural resource areas.
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Appendix D: Glossary of Terms Page D-3
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Down Payment. Money paid by a buyer from his own funds, as opposed to that portion of the purchase price which is financed.
Duplex. A duplex is a single building on a lot that contains two dwelling units or two single-unit dwellings on the same lot.
Dwelling Unit (DU). A building or portion of a building containing one or more rooms, designed for or used by one family for living or sleeping purposes, and having a separate bathroom and only one kitchen or kitchenette. See “Housing Unit.”
Elderly Housing. Typically, one- and two-bedroom apartments or condominiums designed to meet the needs of persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older, and restricted to occupancy by them.
Emergency Shelter. A facility that provides immediate and short-term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds.
Supplemental services may include food, counseling, and access to other social programs. (See “Homeless” and “Transitional Housing.”)
Extremely Low-Income Household. A household with an annual income equal to or less than 30% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a coun ty, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.
Fair Market Rent. The rent, including utility allowances, determined by the United States Department of Housing and Urban Development for purposes of administering the Section 8 Program.
Family. (1) Two or more persons related by birth, marriage, or adoption [U.S. Bureau of the Census]; or (2) an individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind . (Governor’s Office of Planning and Research, General Plan Guidelines.)
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Appendix D: Glossary of Terms Page D-4
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General Plan . A comprehensive, long -term plan mandated by State Planning Law for the physical development of a city or county and any land outside its boundaries which, in its judgment, bears relation to its planning. The plan shall consist of seven required elements: land use, circulation, open space, conservation, housing, safety, and noise. The plan must include a statement of development policies and a diagram or diagrams illustrating the policies.
Goal. A general, overall, and ultimate purpose, aim, or end toward which the City will direct effort.
Green Building. Green or sustainable building is the practice of creating healthier and more resource- efficient models of construction, renovation, operation, maintenance, and demolition. (US Environmental Protection Agency.)
Historic Preservation. The preservation of historically significant structures and neighborhoods until there is, and in order to facilitate, restoration and rehabilitation of the building(s) to a former condition.
Historic Property. A historic property is a structure or site that has significant historic, architectural, or cultural value.
Household. All those persons—related or unrelated—who occupy a single housing unit. (See “Family.”) Housing and Community Development Department (HCD) . The State agency that has principal responsibility for assessing, planning for, and assisting communities to meet the needs of low -and moderate-income households.
Housing Element. One of the seven State-mandated elements of a local general plan, it assesses the existing and projected housing needs of all economic segments of the community, identifies potential sites adequate to provide the amount and kind of housing needed, and contains adopted goals, policies, and implementation programs for the preservation, improvement, and development of housing. Under State law, Housing Elements must be updated every five years.
Housing Payment. For ownership housing, this is defined as the mortgage paymen t, property taxes, insurance and utilities. For rental housing this is defined as rent and utilities.
Housing Ratio. The ratio of the monthly housing payment to total gross monthly income; also called Payment-to-Income Ratio or Front-End Ratio.
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Appendix D: Glossary of Terms Page D-5
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Housing Unit. The place of permanent or customary abode of a person or family. A housing unit may be a single-family dwelling, a multi- family dwelling, a condominium, a modular home, a mobile home, a cooperative, or any other residential unit considered real property under State law.
Housing and Urban Development, U.S. Department of (HUD). A cabinet-level department of the federal government that administers housing and community development programs.
Implementing Policies. The City’s statements of its commitments to consistent actions.
Implementation. Actions, procedures, programs, or techniques that carry out policies.
Infill Development. The development of new housing or other buildings on scattered vacant lots in a built- up area or on new building parcels created by permitted lot splits.
Jobs-Housing Balance. A ratio used to describe the adequacy of the housing supply within a defined area to meet the needs of persons working within the same area. The General Plan uses SCAG’s definition which is a job total equal to 1.2 times the number of housing units within the area under consideration.
Land Use Classification. A system for classifying and designating the appropriate use of properties.
Live-Work Units. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
Low-Income Household. A household with an annual income usually no greater than 51%-80% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.
Low-income Housing Tax Credits. Tax reductions provided by the federal and State governments for investors in housing for low-income households.
Manufactured Housing. Residential structures that are constructed entirely in the factory, and which since June 15, 1976, have been regulated by the federal Manufactured Home Construction and Safety Standards Item Title: 11.2
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Act of 1974 under the administration of the U.S. Department of Housing and Urban Development (HUD). (See “Mobile home” and “Modular Unit.”)
Mixed-Use. Properties on which various uses, such as office, commercial, institutional, and residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A “single site” may include contiguous properties.
Moderate-Income Household. A household with an annual income usually no greater than 81%-120% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.
Monthly Housing Expense . Total principal, interest, taxes, and insurance paid by the borrower on a monthly basis. Used with gross income to determine affordability.
Multiple Family. A single building on a lot that contains three or more dwelling units or three or more single- unit dwellings on the same lot, or any combination thereof.
Multiple Family Building. A detached building designed and used exclusively as a dwelling by three or more families occupying separate units.
Ordinance. A law or regulation set forth and adopted by a governmental authority, usually a city or county.
Overcrowded Housing Unit. A housing unit in which the members of the household, or group are prevented from the enjoyment of privacy because of small room size and housing size. The U.S. Bureau of Census defines an overcrowded housing unit as one which is occupied by more than one person per room.
Parcel. A lot or tract of land.
Planning Area . The area directly addressed by the general plan. A city’s planning area typically encompasses the city limits and potentially annexable land within its sphere of influence.
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Policy. A specific statement of principle or of guiding actions that implies clear commitment but is not mandatory. A general direction that a governmental agency sets to follow, in order to meet its objectives before undertaking an action program. (See “Program.”)
Poverty Level. As used by the U.S. Census, families and unrelated individuals are classified as being above or below the poverty level based on a poverty index that provides a range of income cutoffs or “povert y thresholds” varying by size of family, number of children, and age of householder. The income cutoffs are updated each year to reflect the change in the Consumer Price Index.
Program. An action, activity, or strategy carried out in response to adopted policy to achieve a specific goal or objective. Policies and programs establish the “who,” “how” and “when” for carrying out the “what” and “where” of goals and objectives.
Redevelop. The reuse or revitalization of abandoned or underutilized properties through demolition or restoration of existing buildings, to increase or intensify the use of an existing property, or both, irrespect iv e of whether a change occurs in land use.
Regional. Pertaining to activities or economies at a scale greater than that of a single jurisdiction and affecting a broad geographic area.
Regional Housing Needs Assessment. A quantification by the local council of governments of existing and projected housing need, by household income group, for all localities within a region.
Rehabilitation. The repair, preservation, and/or improvement of substandard housing.
Residential. Land designated in the General Plan and zoning ordinance for building consisting of dwelling units. May be improved, vacant, or unimproved. (See “Dwelling Unit.”) Residential Care Facility. A facility that provides 24-hour care and supervision to its residents.
Residential, Multiple Family. Usually three or more dwelling units on a single site, which may be in the same or separate buildings.
Residential, Single-Family. A single dwelling unit on a building site.
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Appendix D: Glossary of Terms Page D-8
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Retrofit. To add materials and/or devices to an existing building or system to improve its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example.
Rezoning. An amendment to the map to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area.
Second Unit. A self -contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a single lot. “ADU” is one type of second unit.
Section 8 Rental Assistance Program. A federal (HUD) rent-subsidy program that is one of the main sources of federal housing assistance for low -income households. The program operates by providin g “housing assistance payments” to owners, developers, and public housing agencies to make up the difference between the “Fair Market Rent” of a unit (set by HUD) and the household’s contribution toward the rent, which is calculated at 30% of the household’s adjusted gross monthly income (GMI). “Section 8” includes programs for new construction, existing housing, and substantial or moderate housin g rehabilitation.
Shared Living Facility. The occupancy of a dwelling unit by persons of more than one family in order to reduce housing expenses and provide social contact, mutual support, and assistance. Shared living facilities serving six or fewer persons are permitted in all residential districts by Section 1566.3 of the California Health and Safety Code.
Single-Family Dwelling, Attached. A dwelling unit occupied or intended for occupancy by only one household that is structurally connected with at least one other such dwelling unit. (See “Townhouse.”) Single-Family Dwelling, Detached. A dwelling unit occupied or intended for occupancy by only one household that is structurally independent from any other such dwelling unit or structure intended for residential or other use. (See “Family.”)
Single Room Occupancy (SRO). A single room, typically 80-250 square feet, with a sink and closet, but which requires the occupant to share a communal bathroom, shower, and kitchen.
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Appendix D: Glossary of Terms Page D-9
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Subsidize. To assist by payment of a sum of money or by the granting to terms or favors that reduces the need for monetary expenditures. Housing subsidies may take the forms or mortgage interest deductions or tax credits from federal and/or State income taxes, sale or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like.
Substandard Housing. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population as defined in California Health and Safety Code Section 53260(d), and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. “Target population" means adults with low-incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. ( California Health and Safety Code Sections 50675.14(b) and 53260(d).)
Target Areas. Specifically, designated sections of the community where loans and grants are made to bring about a specific outcome, such as the rehabilitation of housing affordable by Very-Low and Low-income households.
Tax Increment. Additional tax revenues that result from increases in property values within a redevelopment area. State law permits the tax increment to be earmarked for the redevelopment of a property but requires at least 20 percent to be used to increase and improve the community’s supply of very low- and low-income housing.
Tenure. A housing unit is owner-occupied if the owner or co-owner lives in the unit, even if it is mortgaged or not fully paid for. A cooperative or condominium unit is owner-occupied only if the owner or co-owner lives in it. All other occupied units are classified as renter-occupied including units rented for cash rent and those occupied without payment of cash rent.
Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 601
Menifee
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City
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November
16,
2022
Page
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Appendix D: Glossary of Terms Page D-10
City of Menifee 2021-2029 Housing Element
Townhouse. A townhouse is a dwelling unit located in a group of three (3) or more attached dwelling units with no dwelling unit located above or below another and with each dwelling unit having its own exterior entrance.
Transitional Housing. Shelter provided to the homeless for an extended period, often as long as 18 months, and generally integrated with other social servi ces and counseling programs to assist in the transition to self -sufficiency through the acquisition of a stable income and permanent housing. (See “Homeless” and “Emergency Shelter.”)
Undevelopable. Specific areas where topographic, geologic, and/or superficial soil conditions indicate a significant danger to future occupants and a liability to the City.
Acronyms Used
ACS: American Community Survey
BMPs: Best Management Practices
CALTRANS: California Department of Transportation
CEQA: California Environmental Quality Act
CHAS: Comprehensive Housing Affordability Strategy
CIP: Capital Improvement Program
DDS: Department of Developmental Services
DIF: Development Impact Fee
DU/AC: Dwelling Units Per Acre
EDD: California Employment Development Department
FAR: Floor Area Ratio
FEMA: Federal Emergency Management Agency
Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 602
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City
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2022
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Appendix D: Glossary of Terms Page D-11
City of Menifee 2021-2029 Housing Element
HCD: Department of Housing and Community Development
HOA: Homeowners Association
HUD: Department of Housing and Urban Development
LAFCO: Local Agency Formation Commission
MFI: Median Family Income
NPDES: National Pollutant Discharge Elimination System
RTFH: Regional Task Force on the Homeless
RTP: Regional Transportation Plan
SCAG: Southern California Association of Governments
SPA: Sectional Planning Area
STF: Summary Tape File (U.S. Census)
TOD: Transit-Oriented Development
TDM: Transportation Demand Management
TSM: Transportation Systems Management
WCP: Water Conservation Plan
Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 603
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Attachment 3
City of Menifee 6th Cycle, 2021 – 2029 Housing Element with redlines of HCD required revisions since Housing Element Adoption on Dec. 15, 2021
The Housing Element with redline revisions since the Housing Element adoption on December 15, 2021, can be viewed on the City website at:
https://www.cityofmenifee.us/DocumentCenter/View/16126/Complete-Housing-Element- with-Redline-Revisions_-Nov-2022?bidId=
Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 604
Menifee
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and
City
Council
November
16,
2022
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, G overnor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Che
ryl Kitzerow, Director
Community Development Department
City of Menifee
29844 Huan Road
Menifee, CA 92586
D
ear Cheryl Kitzerow:
R
E: City of Menifee’s Revised 6th Cycle (2021-2029) Draft Housing Element T
hank you for submitting the City of Menifee’s (City) revised draft housing element which was received for review on December 14, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. HCD understands the element was recently adopted. While HCD received notification of adoption, it has not received a copy of the adopted element for review. The City should promptly submit the adopted element pursuant to Government Code section 65585, subdivision (g) T
he draft housing element addresses many statutory requirements described in HCD’s November 15, 2021, review; however, revisions are necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code) as follows:
1. A
ffirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Sites Inventory: While the revised element includes a summary of the local contributing factors in relation to the sites inventory, as stated in HCD’s prior review, the element must analyze whether continuing to site housing in the northeast area will exacerbate conditions. For example, the element states on page 3-83 “The northern portion of the northeast quadrant experiences the lowest resource and opportunity classification in the city.” The element should include programs to address how the City will improve conditions in the northeast section of the City. The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated February 11, 2022
Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 605
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November
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Cheryl Kitzerow, Director
income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Realistic Capacity: While the element includes examples of affordable housing projects from nearby jurisdictions on page B-5, the element as stated on HCD’s prior review could list other projects since the City’s incorporation, the zone, acreage, built density, allowable density, and level of affordability.
Suitability of Nonvacant Sites: The element includes some additional discussion of the various categories of sites, market conditions and lists some recent redevelopment activity. However, the element should still include analysis of the extent existing uses impede additional development. For example, the element describes various factors utilized to identify high potential sites but does not appear to reflect all of those factors in the inventory. Further, the element lists recent trends but should also utilize those trends to support the validity of factors used to determine potential. The City may also consider adding additional factors to support redevelopment potential such as whether the use is operating, marginal or discontinued, and the condition of the structure or could describe any expressed interest in redevelopment. Please see HCD’s prior review for additional information.
Zoning for Lower-Income Households: While the element includes development examples of affordable housing developments in the region, it still does not include an analysis demonstrating how 24 du/acre promotes the financial feasibility of housing affordable to lower-income households. As stated in the prior review, the city could consult with local affordable housing developers to understand what densities are appropriate to facilitate housing affordable to lower-income development in the Menifee area.
Large Sites: While the element revised Program Action 29 to state “it will incentivize housing on large sites based on a housing market and impact study”, the element must further provide commitment actions that will facilitate the development of affordable housing on identified large sites in addition to the creation of incentives based on a study. Please see HCD’s prior letters for more information.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 606
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Cheryl Kitzerow, Director
identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).)
Constraints on Housing for Persons with Disabilities: While the element revised Program Action 24 on pages 4-16 (Housing for People with Disabilities) to review Title 9 and amend the Development Code to update the Reasonable Accommodation provisions to address potential constraints, it is not clear if the element will analyze the finding that “the request will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.” The program should be revised to clarify the city’s commitment. In addition, as stated on HCD’s August 20, 2021, letter the element should also provide information on who is the “approving authority” for reasonable accommodation requests.
4. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
Program Action 3 (Rezone Program to Accommodate Low and Very Low Income Regional Housing Needs Allocation(RHNA)): While the element commits to rezone sites to accommodate a shortfall of sites for lower income RHNA, it was not revised to address all by-right requirements. The program must commit to rezone to the following standards:
• Minimum of 16 units per site;
• Minimum density of 20 units per acre;
• At least 50 percent of identified shortfall is accommodated on residential only zoned sites, or up to 100 percent of the identified shortfall can be met on mixed-use sites if the mixed-use zoning allows both
o 100 percent of a development to be residential; and
o requires a minimum of 50 percent of the square footage in a mixed-use development to be residential; and permits owner-occupied and rental multifamily residential use by-right for developments in which at least 20 percent of the units are affordable to lower-income households during the planning period.
Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 607
Menifee
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City
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November
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2022
Page
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Cheryl Kitzerow, Director
Program Action 24 (Housing for Persons with Disabilities): While the program is revised to amend the Menifee Municipal Code and state that the City will permit Group Residential Facilities and Residential Day Care (seven or more persons) with a conditional use permit (CUP) or by right in Rural Residential zones in conformance with State Law, as stated in HCD’s prior review, the element should specifically analyze the constraints for impacts on housing supply and choices and approval certainty and objectivity for housing for persons with disabilities and modify this program as appropriate.
5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov.
Code, § 65583, subd. (c)(5).)
Program Action 32 (Affirmatively Furthering Fair Housing (AFFH)) and Program Action 33 (Fair Housing Program): The element revised both Program Actions 32 and 33; however, as stated in HCD's prior review, the element must include measurable and specific actions metrics and milestones to target meaningful outcomes and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.
The element will meet the statutory requirements of State Housing Element Law once it has been revised to comply with the above requirements.
As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the city to revise the element as described above, adopt, and submit to HCD to regain housing element compliance. For more information on housing element adoption requirements, please visit HCD’s website at:
http://www.hcd.ca.gov/community-development/housing-element/housing-element- memos/docs/sb375_final100413.pdf.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the RHNA, including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 608
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Cheryl Kitzerow, Director
comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
Pur
suant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml#element
for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
S
everal federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
W
e are committed to assist the city in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Tristan Lanza, of our staff, at [email protected] .
S
incerely,
M
elinda Coy
Senior Accountability Manager
Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 609
Menifee
Mayor
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City
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November
16,
2022
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 9, 2022
Ch
eryl Kitzerow, Director
Community Development Department
City of Menifee
2844 Huan Road
Menifee, CA 92586
D
ear Cheryl Kitzerow:
R
E: City of Menifee’ 6th Cycle (2021-2029) Revised Draft Housing Element
T
hank you for submitting the City of Menifee’s (City) revised draft housing element received for review on July 11, 2022, along with revisions received on August 26, 2022.
Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on August 16, 2022 with Doug Darnell, Senior Planner, Orlando Hernandez, Planning Manager and planning consultant, Dave Barquist.
T
he revised draft element, incorporating the revisions submitted, meets the statutory requirements described in HCD’s February 11, 2022, review. However, the element must still meet public participation requirements as described below. The housing element will comply with State Housing Element Law (Article 10.6 of the Gov. Code) when it meets public participation requirements and is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585.
F
or your information, pursuant to Senate Bill 197 (Chapter 70, Statutes of 2022), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), the City’s adopted element must be found in compliance by October 15, 2022 to maintain its scheduled rezone deadline of October 2024 (Programs 3 and 5). If the element is not found in compliance by October 15, 2022, HCD cannot find the element in compliance until the rezoning is complete.
P
ublic participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate.
Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 610
Menifee
Mayor
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City
Council
November
16,
2022
Page
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Cheryl Kitzerow, Director
I
n addition, HCD understands the City has not made draft revisions available to the public prior to submittal to HCD. Please note, new public participation requirements pursuant to AB 215 (Chapter 342, Statutes of 2021) requires the City to post draft revisions on its internet website and email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department. By not providing an opportunity for the public to review and comment on a draft of the element in advance of submission, the City has not yet complied with statutory mandates. The availability of the document to the public and opportunity for public comment prior to submittal to HCD is essential to the public process and HCD’s review.
T
he City must proactively make these revisions available to the public pursuant to Government Code section 65585 (b), prior to submitting the adopted element to HCD and diligently consider and address comments, including making revisions to the document where appropriate. HCD’s future review will consider the extent to which the revised element documents how the City solicited, considered, and addressed public comments in the element.
S
everal federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City of Menifee meets housing element requirements for these and other funding sources.
HCD wis
hes the City success in implementing its housing element and looks forward to following its progress through the annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Tristan Lanza, of our staff, at [email protected].
S
incerely,
P
aul McDougall
Senior Program Manager
Item Title: 11.2
Re-adoption of the City of Menifee’s 6th Cycle, 2021 – 2029 Housing Element Update as Required for State Compliance Item Page Number: 611
Menifee
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November
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2022
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CITY OF MENIFEE
SUBJECT: Street Sweeping Services Update
MEETING DATE: November 16, 2022
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Receive presentation from staff and provide direction to staff for provision of street sweeping services.
DISCUSSION
Background
The City of Menifee is responsible for administering a Street Sweeping Program to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit by removing pollutants, debris and sediments on City streets which otherwise might enter the storm drain system.
Prior to City incorporation, the street sweeping services for existing streets within the Menifee community were provided and managed by the County of Riverside through County Service Area 152 (CSA 152); a Special Assessment District which levies annual assessments via property taxes to fund the sweeping services within these boundaries. There are approximately 472 linear curb miles within the City that are provided street sweeping services through this District.
New streets added since the City’s incorporation are not eligible to be annexed into CSA 152 and do not receive services supported by CSA 152. It is the City’s responsibility to provide street sweeping services within these post-incorporation areas. The City’s Public Works Department manages the Street Sweeping Program for the areas that are not a part of CSA 152. Street sweeping service costs in these areas are supported through Community Facility Districts (CFDs) where applicable, and by general fund dollars in areas that do not contribute via a CFD. Currently, there are approximately 163 linear curb miles the City provides sweeping services. The number of linear curb miles continues to increase as new developments are completed and streets are accepted into the City’s Maintenance Program.
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 1
Menifee
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City of Menifee Staff Report
Update - Street Sweeping Services
November 16, 2022
1 2
7 2
Historically, the City has contracted for street sweeping services with CR&R Inc. (CR&R), as CR&R was also contracted by the County of Riverside for street sweeping services in CSA 152.
On October 4, 2021, the California Department of Industrial Relations ruled that street sweeping constitutes public work and is therefore subject to prevailing wage requirements as shown in the attached Public Works Case No. 2020-005. Due to this prevailing wage ruling, both the City and County were notified by CR&R that they would not be able to continue sweeping services for either agency.
In response to this ruling, and in order to ensure continuity of sweeping services in the areas of City responsibility, staff entered into a short-term lease agreement under the City Manager’s signing authority, to lease street sweeping equipment from Kellar Equipment to support temporary provision of sweeping services by in-house staff. The original lease agreement attached was entered into on August 8, 2022, on a month-to-month basis, and at a rate of $12,500 per month (plus any applicable state or local taxes). On September 21, 2022, Council approved the extension of this agreement through December 31, 2022, to allow staff the time needed to comprehensively evaluate the most cost-effective approach for providing services into the future.
Current Street Sweeping Service Status
CSA 152 Services
Since receiving notification of the prevailing wage requirement, the County recently administered a Request for Proposal (RFP) for street sweeping services and ultimately awarded a contract to Clean Streets of San Bernardino to provide services to CSA 152 areas. The contract pricing quoted of $60.71 per curb mile incorporates the new prevailing wage rates as required by Public Works Case No. 2020-005. It is important to note that this cost is almost triple the amount of CR&R’s previously contracted rate with the City of $20.73 per curb mile.
City Service Areas
The Public Works Operations Division has been renting sweeping equipment and performing in- house street sweeping services in areas of City responsibility since mid-August. Residential street sweeping occurs twice per month on designated days, while arterial streets are swept one time per month. Over the last couple of months, staff have become familiar with existing sweeping routes, have been tracking and evaluating time and maintenance, and continue looking for efficiencies in performing sweeping services.
Future Street Sweeping Service Options – City Service Areas At this time there are three options for the continued provision of street sweeping services:
Option No. 1 - Continue in-house provision of street sweeping services with rented equipment.
Option No. 2 - Continue in-house provision of street sweeping services and purchase new or used sweeping equipment.
Option No. 3 - Contract with Clean Streets to provide street sweeping services to City areas of responsibility by “piggybacking” from the County’s recently awarded contract.
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 2
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City of Menifee Staff Report
Update - Street Sweeping Services
November 16, 2022
1 2
7 2
The estimated cost of each option is provided in Table No. 1 below.
Table No. 1 – Estimated Street Sweeping Service Costs
Option Service Provider Cost per
mile
Miles
per
month
Monthly Cost
of Service
Annual Cost of
Service
----- CR&R (FY 2022/2023
Previous Contract) $ 20.73 ----- $ 5,705.32 $ 68,463.60 No. 1 In-house services
w/rented equipment $ 66.10 325 $ 21,482.07 $ 257,784.83 No. 2
In-house services
w/purchased
equipment $ 38.07 325 $ 12,374.07 $ 148,488.83 No. 3 Clean Streets
Contract $ 60.71 325 $ 19,730.75 $ 236,769.00 In developing the per curb mile rates for in-house services, staff incorporated the following cost factors:
•Fully burdened salary rates for Public Works staff
•Monthly equipment rental rates (Option No. 1)
•Purchase price of a new sweeper depreciated over 10 years (Option No. 2) •Maintenance and broom replacement
•Fuel usage
•Water usage
Based on the information above, current per curb mile costs to perform in-house services with rented equipment are significantly higher than contracting services or purchasing equipment and continuing in-house services. However, by performing services in-house, staff is able to provide additional response to emergency events, special events and storm clean up. There is also additional scheduling capacity for in-house services to sweep additional areas of City responsibility as the City continues to grow. It is important to note, that this would result in a lower operating cost per curb mile.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no general fund impact associated with this item. Funding required for street sweeping services in the areas of City responsibility are currently supported 32% via special assessments levied through CFDs with the remaining 68% of services supported through gas tax budgets. In addition, the current General Facilities Development Impact Fee includes funding to support the purchase of a street sweeper.
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 3
Menifee
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November
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2022
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City of Menifee Staff Report
Update - Street Sweeping Services
November 16, 2022
1 2
7 2
Based on the direction provided by Council on the options provided the fiscal impact will range from an estimated $148,488 (Option 2) to $257,784 (Option 1). Staff would return with a separate follow up staff report for the election option further detailing the final fiscal impact.
ATTACHMENTS
1. Public Works Case No. 2020-005
2. Original Lease Agreement
3. Lease Agreement Extension
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 4
Menifee
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STATE OF CALIFORNIA GAVIN NEWSOM, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
Katrina S. Hagen, Director
Office of the Director
1515 Clay Street, 17th Floor
Oakland, CA 94612
Tel: (510) 286-7087 Fax: (510) 622-3265
October 4, 2021
Jes
se Jimenez
Director of Field Operations
Foundation for Fair Contracting
3807 Pasadena Avenue, Suite 150
Sacramento, California 95821
Re: Publ
ic Works Case No. 2020-005
Street Sweeping Maintenance Services
City of Elk Grove
Dear
Mr. Jimenez:
This
constitutes the determination of the Director of Industrial Relations regarding coverage of the above-referenced project under California’s prevailing wage laws and is made pursuant to California Labor Code section 1773.51 and California Code of Regulations, title 8, section 16001, subdivision (a). Based on my review of the facts of this case and an analysis of the applicable law, it is my determination that street sweeping maintenance services for the City of Elk Grove constitute public work and are therefore subject to prevailing wage requirements.
Facts
The Ci
ty of Elk Grove (City) solicited bid proposals for its “Street Sweeping Maintenance Services Project (OM 2005),” which includes in its scope of work “street sweeping either by machine sweeping or hand sweeping all designated improved public streets including curb returns and median islands within the City of Elk Grove city limits on a uniform schedule including approximately 14,000 curb miles throughout the City.” The sweeping is conducted in “residential areas, major corridors or arterial streets, commercial/industrial corridors, parking lots, and intersection sweeps at signalized intersections.” Depending on the area, the frequency of the sweeping can be as often as once per week for major streets but is generally done on a once-per-month basis.
The contractor must employ regenerative air or vacuum sweepers to remove all loose debris and material along the sweeping path, including, but not limited to: sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, litter , trash, small tree limbs, palm fronds, and other debris. Larger debris may be swept by a broom sweeper. Any debris 1 Unless otherwise indicated, all further statutory references are to the California Labor Code.
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 5
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Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-005
that is swept onto the sidewalk, driveway aprons, and access ramps must also be removed.
The contractor must manually remove debris that cannot be swept mechanically. Unusually heavy debris that cannot be removed by “extra effort sweeping” must be immediately reported to the City. The contract includes other related services.
The contractor
must include “residential street leaf pickup” that occurs four times a year, typically
in the months of December and January. The contractor must also be able to respond within an hour
to “remove and eliminate a public safety hazard.”
The sol
icitation originally contained provisions requiring compliance with prevailing wage requirements. An addendum later removed all references to prevailing wage requirements, and the City’s response to bidders’ “requests for interpretation” expressly states that prevailing wage rates are not required for the contract. The City cites PW Case No. 2005-007, City of Santa Clarita (June 1, 2005/Feb. 7, 2006) (Santa Clarita Street Sweeping), which determined that street sweeping, under the specific facts of that particular case, does not constitute public works. In analyzing the impact of coverage under the prevailing wage law, a City staff report estimated that prevailing wage requirements would double the annual cost of the contract from $400,000 to approximately $800,000.
Contentions Advanced by Interested Parties
The Foundat
ion for Fair Contracting (FFC), which made the request for this determination, argues that street sweeping is maintenance because it is routine, recurring, and usual work done for the preservation, protection, sanitation, and keeping of publicly-owned and operated facilities and for the protection and safety of the public as a whole. FFC raises a number of dangerous road conditions that are alleviated by routine street sweeping, and FFC’s overriding concern is that unsafe conditions for motorists and cyclists are created when roadway debris accumulates.
In s
upport of its argument, FFC refers to four prior coverage determinations issued by the Department finding that street sweeping work is covered under the prevailing wage law, later discussed below. FFC also cites PW Case No. 2016-015, Snow Removal and Snow Staking Services – County of El Dorado (Jan. 31, 2017) (El Dorado Snow Removal) and argues that street sweeping is similar to snow removal and is not subject to the janitorial or custodial exceptions to the maintenance definition because street sweeping is neither janitorial nor custodial in nature.
The Ci
ty of Elk Grove states that it determined prevailing wage requirements do not apply to street sweeping, based on the Santa Clarita Street Sweeping determination.
The City makes no other additional argument and requests guidance from the Department to comply with its prevailing wage obligations, if any.
Discussion
Al
l workers employed on public works projects must be paid at least the prevailing wage rates applicable to their work. (§ 1771.) The standard and most common definition of “public works” is construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. (§ 1720, subd. (a)(1).) Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 6
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Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-005
M
aintenance work is also a type of public work, and the prevailing wage law expressly applies to “contracts let for maintenance work.” (§ 1771; Reliable Tree Experts v. Baker (2011) 200 Cal.App.4th 785, 795-796 (Reliable Tree).) A regulation defines “maintenance” to include:
(
1) Routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired. (
2) Carpentry, electrical, plumbing, glazing, [touchup painting,] and other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning and other operations on machinery and other equipment permanently attached to the building or realty as fixtures.
E
xception:1: Janitorial or custodial services of a routine, recurring or usual nature is excluded.
E
xception:2: Protection of the sort provided by guards, watchmen, or other security forces is excluded.
(
3) Landscape maintenance. See Public Contract Code Section 21002.
E
xception: Landscape maintenance work by "sheltered workshops" is excluded.
(
Cal. Code Regs., tit. 8, § 16000 (hereafter Regulation 16000).) Ther
e is no dispute that the street sweeping maintenance services at issue are done under contract and paid for out of public funds. The issue is whether the street sweeping work constitutes maintenance under the prevailing wage law.
A. P
rior Coverage Determinations and Relevant Case Law.
The D
epartment has published a number of coverage determinations addressing the question of whether street sweeping is considered maintenance, which FFC cited in its request for coverage determination. In PW 1999-028, County of San Diego Road Maintenance (June 30, 1999) (San Diego Road Maintenance), the Department found work tasks that fell under the designation of “roadway cleaning” fit within Regulation 16000’s definition of maintenance. “The tasks involve cleaning roads with a street sweeper, manually picking garbage up off the roads with a hand picker and plastic bags, and removing sand, mudslides, vegetative debris deposited in the roads by weather- related phenomenon with a loader, grader and ramp trailer. These are routine, recurring and usual tasks intended to keep the roads in a safe and continually usable condition.” (San Diego Road Maintenance, supra, PW 1999-028.)
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Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-005
I
n PW 2000-021, City of Santee/California Street Maintenance Street Sweeping (Aug. 11, 2000) (Santee Street Sweeping), the Department again reasoned that street sweeping “done with standard heavy-duty mechanical brush and broom-type street sweeping equipment, as necessary, to clean the designated areas of all paper, wet leaves, dirt, rocks and other debris” was considered maintenance because the “cleanliness of the streets is a necessary function of keeping them in a safe and continually usable condition.” (Santee Street Sweeping, supra, PW 2000-021.) This conclusion – on a different but substantially similar City of Santee street sweeping contract – was reaffirmed two years later. (See PW 2001-061, City Street Sweeping (Mar. 7, 2002).) The Department relied on the Santee Street Sweeping coverage determination to once again conclude that another contract for street sweeping for the City of Rohnert Park constituted maintenance. (PW 2002-067, City of Rohnert Park-Street Sweeping (Apr. 16, 2003).)
A
mere two years later, the Department departed from all four of the above street sweeping determinations. Instead, the Department then decided that street sweeping for aesthetic or environmental reasons does not serve to maintain the city streets in “good order or condition,” does not keep the streets from “harm or damage,” does not "shield from injury, danger or loss, nor does it constitute guarding or defending." (Santa Clarita Street Sweeping, supra, PW 2005-027.) The City relies on Santa Clarita Street Sweeping.
I
n the more than 15 years since the Santa Clarita Street Sweeping determination, the Department and the Court of Appeal have continued to issue guidance on the definition of maintenance that has helped flesh out the law. 2 For instance, in PW 2005-
028, Self-Generated Waste Program and Highway Spill Program – California Department of Transportation (May 17, 2006) (Self-Generated Waste), the Department concluded that routine work to “remove hazardous liquid waste from floor sumps, hydraulic hoist pits and wash rack clarifiers” for Department of Transportation (Caltrans) facilities was considered maintenance. “Failure to clean these facilities in a timely fashion would impede maintenance operations, violate Caltrans storm water permit and create safety concerns for Caltrans maintenance workers.” (Self-Generated Waste, supra, PW 2005-028.) In another determination involving Caltrans, the Department determined that homeless encampment debris removal constituted maintenance “because the debris poses a health and safety threat to both Caltrans workers and the motoring public,” and “unlike scattered roadside litter, the large volume of debris concentrated at a homeless site can move into and obstruct the roadways, constituting a direct impediment to the motoring public.” (PW 2009-008, Agreement No. 07A2407 - Homeless Sites Debris Removal and Disposal – California Department of Transportation (June 5, 2009) (Homeless Sites Debris Removal).) Consequently, the debris removal work at homeless encampment sites that 2 In a case that actually predated Santa Clarita Street Sweeping by a few months, the Court of Appeal held that “placing 13,480 tons of earth fill and 400 tons of class 2 aggregate base” on a levee to maintain the levee in a condition to withstand flooding was considered maintenance and subject to prevailing wage requirements. (Reclamation Dist.
No. 684 v. Department of Industrial Relations (2005) 125 Cal.App.4th 1000, 1003.) Santa Clarita Street Sweeping, however, did not discuss or cite this published appellate opinion.
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Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-005
w
ere located next to state highways is “necessary to keep the state highway system in a safe, and continually usable condition.” (Ibid.)
W
ith respect to another Caltrans contract, the Court of Appeal held that “brush removal, tree trimming and tree removal” work on state-owned highway rights-of-way performed by a private contractor constituted maintenance. (Reliable Tree, supra, 200 Cal.App.4th at p. 789.) Because Caltrans was responsible for “maintaining thousands of miles of paved roads and highways,” Caltrans was “in effect sharing its statutory responsibility” when it decided to hire an outside contractor to do this work. (Reliable Tree, supra, 200 Cal.App.4th at p. 796.) Although the Reliable Tree court did not delve into the specifics of why tree removal fit Regulation 16000’s definition of maintenance, implicit in the court’s conclusion is that the recurring need to trim or remove trees ensures that branches, leaves, or the trees themselves do not fall into or otherwise obstruct the state highway. In that sense, the work was done “for the preservation, protection and keeping” of the state highways “in a safe and continually usable condition” for open use by the public. (Regulation 16000; see also Veh. Code, § 360.) E
mbracing the Reliable Tree court’s less rigid interpretation of maintenance, the Department determined that standalone testing and inspection of fire sprinkler and fire alarm systems qualified as maintenance.3 The Department then found that work removing snow from streets and parking lots is covered as maintenance, reversing a 22-year-old determination that snow removal from roadways and parking lots was merely custodial work. (El Dorado Snow Removal, supra, PW 2016-015.) And very recently, the Department has found maintenance to include routine tree removal and disposal and lead dust removal work.
4 This evolution of the law on maintenance guides the Department’s analysis of the work at issue here.
B. S
treet Sweeping is Routine and Recurring Work that Keeps Public Streets and Facilities in a Safe and Continually Usable Condition for Public Use.
U
nder the contracts, the City requires once-a-week sweeping on some arterial (i.e. major) streets, twice-a-month on other arterial streets, and once-a-month sweeping on all other streets and parking lots. Four times a year, the contractor must also pick up leaves from residential streets. Like the tree removal work in Reliable Tree, the street sweeping maintenance services described here are indisputably “routine, recurring and usual.” The issue is whether such work preserves, protects, and keeps public streets and facilities in a safe and continually usable condition.
3 PW 2015-012, Sprinkler Inspection, Testing, and Maintenance Work - City of Santa Rosa (Oct. 30, 2015); PW 2015-007, Stand-Alone Testing and Inspection of Fire Alarm Systems - California Department of Corrections and Rehabilitation (June 26, 2015); PW 2019-021, Napa State Hospital Fire Alarm and Fire Pump Testing Services - Department of State Hospitals (May 20, 2020).
4 PW 2018-030, Salinas Fairways – Tree Removal – City of Salinas (July 29, 2021); PW 2019-022, Gun Range Lead Dust Removal Work – City of Chino (Aug. 30, 2021).
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Street Sweeping Services Update
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Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-005
FFC
contends that one of the most significant benefits street sweeping provides is a safe public space that can be used by motorists and bicyclists. Public entities have an interest in maintaining streets and ensuring they are usable and safe for public use.
Street sweeping “lessens the opportunity of skids and collisions” by providing a clear view of the streets. Roadway debris could “cause pedestrians, runners, and cyclists to swerve into the roadway.” Although the Department notes that generally pedestrians or runners would not be on the roadway in the first place, accumulated debris does drift from the roadway onto the sidewalk and is sometimes swept from the roadway onto the sidewalk, which the contractor must then remove.
Ther
e is merit to FFC’s overall argument regarding clean streets. When a street is clean, drivers are more likely to identify potholes and safely maneuver around them.
Street sweeping removes sharp objects, such as nails, screws, and glass, which can puncture tires. Clean curbs and streets provide safety benefits for vehicles in myriad situations. Larger debris is not only unsightly, but when it accumulates around and obscures the curb, drivers and others who use the road have a more difficult time judging the distance to the curb. Bicyclists, motorcyclists, and riders of motorized scooters also benefit from clean streets, perhaps more so than drivers of automobiles, even though they are all subject to the same rules of the road. (See Veh. Code, §§ 21200, 21221.) 5 A
small piece of debris has a far greater impact on bicycles and motorized scooters than on an automobile, as even small debris can cause them to lose their balance or swerve into traffic. Because bicycles and motorized scooters operate at a slower speed and may enjoy exclusive use of lanes close to the curb, they more heavily depend on a curb clear of debris for their safe operation. The safety benefits described above, though not gleaned from any formal study, appear to be reasonable, commonsense effects of streets free of debris. One can imagine streets that are never swept imposing a significant hurdle to the free flow of traffic.
A
side from the safety benefits, street sweeping helps preserve and protect the asphalt on the road by keeping debris off the curb lines where moisture accumulates.
Heavily soiled areas with leaves and other debris draw moisture, and if left undisturbed, eventually cause deterioration of the asphalt, leading to cracks and potholes. While road debris probably only has an incremental impact on asphalt deterioration – wear and tear from heavy traffic and seasonal conditions likely are the key contributing factors – street sweeping plays some role in slowing deterioration of the roads.
Li
ke Caltrans, the City has a general statutory obligation to maintain its streets and roadways. (See Sts. & Hy. Code, § 1800 et seq.) If Caltrans-awarded contracts to trim and remove trees satisfied its mandate to maintain state highways (Reliable Tree, supra, 200 Cal.App.4th at p. 796), it is hard to envision street sweeping not being part of the City’s duties to maintain its streets. As leaves, branches, and trees may obstruct the Caltrans-maintained state highway, debris such as sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, litter, trash, small tree limbs, and palm fronds on City streets that 5 Motorized scooters may not operate at all on sidewalks and must share the road with automobiles. (Veh. Code, § 21235, subd. (g).) Bicyclists in some parts of the state must also share the road as their operation on sidewalks is restricted. (See, e.g., Sac.
County Code, ch. 10.2, § 10.12.010.)
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 10
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Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-0 05
are not s
wept likewise obstruct the roadway and pose a danger to members of the public that use City streets. Furthermore, because snow removal qualifies as maintenance of streets (El Dorado Snow Removal, supra, PW 2016-015), street sweeping should be no different.6 In fact, at least one statute refers to both street sweeping and snow removal as maintenance of public streets.7 As in the Self-Generated Waste determination, accumulated debris on streets would “create safety concerns for [City] maintenance workers” and the general public.
While
Santa Clarita Street Sweeping noted that public health concerns do not serve as a basis for finding work to constitute maintenance, in Homeless Sites Debris Removal, the Department cited public health concerns associated with bio-waste, broken glass, hypodermic needles, decaying trash, and breeding vermin in accumulated garbage in finding that removal of those items from homeless encampments constitutes maintenance. Many similar types of debris accumulate along curbs, and unless cleaned and swept on a recurring basis, pose a similar safety risk to bicyclists, motorists, and pedestrians, thereby suggesting that street sweeping of the type here also qualifies as maintenance. Streets were designed to be traversed without obstruction from debris and can be used safely only in the absence of such debris. In short, given the additional guidance from the Reliable Tree court and the intervening coverage determinations since Santa Clarita Street Sweeping, the routine street sweeping work done for the City here is properly considered maintenance.
Conclusion
For the f
oregoing reasons, the street sweeping maintenance services for the City of Elk Grove constitute public work and are therefore subject to prevailing wage requirements.
I hope thi
s determination satisfactorily answers your inquiry.
Since
rely,
Katr
ina S. Hagen
Director of Industrial Relations
6 “Although snow removal may not be considered precisely the same as street sweeping, it is clearly the same general type of service.” (65 Ops.Cal.Atty.Gen 176 (1982).)
7 A county service area is authorized to provide governmental services such as:
the “acquisition, construction, improvement, and maintenance, including, but not limited to, street sweeping and snow removal, of public streets, roads, bridges, highways, rights- of-way, easements, and any incidental works.” (Gov. Code, § 25213, subd. (i), italics added [County Service Area Law].)
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 11
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EQUIPMENT BARE LEASE AGREEMENT
This “Agreement” is made by and between Kellar Equipment located at 34075 Avenue J, Yucaipa, CA 92399 and City of Menifee located at _29844 Haun Rd, Menifee, CA 92586 (hereinafter referred to as “Lessee”).
The parties involved agree to the following:
1. Equipment / Term: Kellar Equipment in consideration of the satisfactory performance of the terms and conditions of this “Agreement”, grants to Lessee the right to use a 2016 INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER, during the following dates and times:
1 month lease, beginning August 8, 2022. Lessee has the option to lease month to month thereafter up to $24,999.99 in aggregate. A month is defined as a calendar month not to exceed 160 hours in any given
month. Additional hours will be pro-rated and charged at $50.00 per hour for every hour over 160 hours in any given month. Equipment will be billed upon acceptance of the equipment and at the start of each subsequent month. Payment is due within 15 days of bill date. If payment is 30 days past due, the agreement will be terminated.
2. Rights and Responsibilities of Lessee: Lessee shall have the following rights, privileges, and responsibilities:
Use of the Equipment based on the criteria agreed upon above in section 1. Kellar Equipment will deliver the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER at the beginning of the rental term. Lessee must make sure the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER remains at the Lessee’s job address located at _27860 Bradley Rd, Menifee, CA 92586 unless otherwise granted by Kellar Equipment.
Routine engine maintenance (including necessary filters and fluids) will be the responsibility of Kellar Equipment to be done on-site at _27860 Bradley Rd, Menifee, CA 92586. Normal adjustments per manufacturer recommended intervals will be the responsibility of Kellar Equipment and performed at _27860 Bradley Rd, Menifee, CA 92586. If it is unreasonable to perform maintenance at this location, Kellar may move and return the equipment. All consumable replacements will be the responsibility of Lessee. IE gutter brooms, main brooms, elevator flight rubbers, fuel, def fluid, etc.
Lessee is responsible for providing an operator for the leased equipment as well as maintaining appropriate insurance detailed in #6.
3. Direct Expenses: Lessee shall reimburse Kellar Equipment for all direct expenses associated with Lessee’s use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER. Such direct expenses shall include:
i. Equipment use = $12,500.00 monthly lease (plus applicable state and local sales taxes) Rates are based on 8 hours per day, five days per week (during any given month), not to exceed 160 hours total per month ii. Repair of INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER if damaged due to Lessee’s misuse.
iii. Parts worn out due to Lessees use except for routine engine maintenance items iv. Any damages caused by Lessee will be repaired as needed by Kellar Equipment’s desired vendor and billed at their current labor and parts rates at
Item Title: 12.1
Street Sweeping Services Update
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the vendor’s location.
v. $500 cleaning fee for vehicles returned dirty
vi. $150 fuel charge if unit is returned with less fuel than at the time of delivery
Section 3. Initial
4. Care of Equipment: Lessee shall take the necessary steps to assure that Lessee, it’s employees, agents, represented, guests and invites shall not injure, mar, or in any way deface the Equipment, nor cause or permit anything to be done whereby said INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER shall be in any manner injured, marred or defaced. Damages caused by improper fueling (IE def fluid in diesel tank, diesel fuel in def fluid tank) will be charged to Lessee. All fluids and tire pressures must be checked before each shift. Damages caused by negligence of the Lessee will be charged to Lessee. Lessee will have the opportunity to inspect the equipment at delivery and sign off as to its condition. Any damage due to Lessee’s misuse upon return will be the responsibility of Lessee.
Section 4. Initial
5. Indemnification / Hold Harmless: Lessee shall indemnify and hold Kellar Equipment harmless of and from any and all loss, damage or injury to any person or persons, or property, arising from or connected with the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER or Lessee’s use thereof. Lessee further agrees to waive all claims against Kellar Equipment on account of any loss, damage, or injury from whatever cause which may occur to Lessee or its employees, agents, representatives, guest and invites in the use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER.
Lessee further agrees to indemnify Kellar Equipment for any damage done to the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER during Lessee’s use of the same.
6. Insurance:
1. Lessee shall, at its own expense, procure and maintain Commercial General Liability, Business Automobile, Excess Liability and Workers’ Compensation coverage issued by companies satisfactory to Kellar Equipment. Lessor shall be named as an Additional Insured on Lessee’s Commercial General Liability (endorsement required CG2026 07/04 or equivalent), Business Automobile and Excess Liability policies and Loss Payee with respect to Hired Automobile Physical Damage coverage for the full stated value of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER on Lessee’s Business Automobile policy. Lessee’s Commercial General Liability, Business Automobile and Excess Liability policies insurance is to be primary and non-contributory with any insurance maintained by Lessee. Certificate(s) of insurance including additional insured, loss payee, primary/non-contributory and waiver of subrogation endorsements obtained by Lessee are to be in force for the length of the Lease Term.
2. The limits of liability shall not be less than the following. If Lessee carries higher limits than specified, then those limits shall apply and not be limited by the minimum requirements specified herein.
a. Commercial General Liability coverage (“CGL”) with Limits of Liability of not less than $1,000,000 each occurrence and $2,000,000 aggregate, including contractual liability for bodily injury and property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee
b. Automobile Liability with limits of at least $1,000,000 Combined Single Limit c. Hired Automobile Physical Damage Coverage for a minimum limit of $120,000. Certificate must reflect the Hired Automobile Physical Damage Deductibles d. Workers Compensation/Employer’s Liability with limits of at least $1,000,000 each accident for bodily injury by accident/$1,000,000 policy limit for bodily injury by disease/$1,000,000 each employee for bodily injury by disease.
e. Umbrella/Excess Liability coverage on a “follow form” basis (including additional insured, primary/non-contributory and waiver of subrogation endorsements) with Limits of Liability not less than $3,000,000 each occurrence, including contractual liability for bodily injury and
Item Title: 12.1
Street Sweeping Services Update
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property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee. f. Inland Marine Liability coverage for leased equipment.
3. The certificate holder/additional insured must
read:
Kellar Equipment
34075 Avenue J
Yucaipa, CA 92399
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 14
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Leased Equipment Description:
Model INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO
500X STREET SWEEPER
Delivery Date
Pick up Date
LESSEE
By: City of Menifee
Name: Armando G. Villa
Title: City Manager
Signature:
Date:
Purchase Order Number:
Kellar Equipment By:
Name: Cy Kellar
Title: President
Signature:
Date:
Item Title: 12.1
Street Sweeping Services Update
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
ACORD CORPORATION. All r
RD
08/10/2022
PATRIOT INSURANCE SERVICES INC
11711 STERLING AVE
SUITE C
RIVERSIDE CA 92503
KHALED ADHAM
951-352-8898 951-325-4915
[email protected]
KELLAR EQUIPMENT
34075 AVENUE J
YUCAIPA, CA 92399
KINSALE INSURANCE COMPANY 38920
INFINITY SELECT INSURANCE COMPANY 20260
A
Y Y 0100169063-0 11/04/2021 11/04/2022
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B
Y Y 504610156108001 04/26/2022 04/26/2023
1,000,000
RE: ALL OPERATIONS
City of Menifee, its elected officials, officers, employees and authorized volunteers are added as an additional insured. Any insurance or self insurance maintained by the City, its officers, officials, employees or authorized volunteers is excess of Contractor's insurance and shall not contribute with it. Coverage will not be reduced or canceled without 30 days' prior written notice certain to the City.
City of Menifee
29844 Haun Road
Menifee CA 92586 KHALED ADHAM
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 16
Menifee
Mayor
and
City
Council
November
16,
2022
Page
1129 of 1157
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. S e c t i o nI I–W h oI sA nI n s u r e dis amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. W i t hr e s p e c tt ot h ei n s u r a n c ea f f o r d e dt ot h e s e additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
Policy# 0100169063-0
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 17
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CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 18
Menifee
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November
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2022
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CG 20 37 04 13 © Insurance Services Office, Inc., 2012 P a g e1o f1
COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. S e c t i o nI I–W h oI sA nI n s u r e dis amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
Policy# 0100169063-0
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 19
Menifee
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November
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2022
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COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy# 0100169063-0
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 20
Menifee
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name of Person or Organization:
SCHEDULE
Blanket where required by written contract.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0100169063-0
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 21
Menifee
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2022
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 1 o f 7
COMMERCIAL AUTO
AC 85 43 06 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA BUSINESS AUTO COVERAGE
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONICEQUIPMENT COVERAGE 14
BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE - BROADENED COVERAGE 10
GLASS REPAIR - WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRA NSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERSTO US 21 SECTION II - LIABILITY COVERAGE is amended as follows:
1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE , Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
Policy # 504610156108001
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 22
Menifee
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AC 85 43 06 18 Page 2 o f 7
(3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 23
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AC 85 43 06 18 Page 3 o f 7
Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE ,P a r a g r a p hA.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT ORPERMIT
SECTION II - LIABILITY COVERAGE , Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit.
The "insured" is required to submit a claim to any o ther insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance.
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments ,P a r a g r a p h s (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added:
SECTION II - LIABILITY ,E x c l u s i o nB.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss".
This coverage is excess over any other collectible insurance.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
ADDITIONAL INSURED BY CONTRACT , AGREEMENT ORPERMIT
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 24
Menifee
Mayor
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November
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2022
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 4 o f 7
a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household.
Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".
7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE , Paragraph A.2. Towing , is amended by the addition of the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.
9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance.
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 25
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AC 85 43 06 18 Page 5 o f 7
d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension .
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.
If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE , A. Coverage , we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE , A. Coverage , is amended by adding the following:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding thefollowing:
For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE , B. Exclusions is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.
13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLETRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" c a u s e db yt h e f ti ft h ev e h i c l ei s e q u i p p e dw i t ha v e h i c l et r a c k i n gd e v i c es u c ha s a r a d i ot r a c k i n gd e v i c e or a global position device and that device was the method of recovery of the vehicle.
14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions , Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto".
If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 26
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AC 85 43 06 18 Page 6 o f 7
15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease;
d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.
16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 27
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AC 85 43 06 18 Page 7 o f 7
The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.
This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.
18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE , if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.
SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS ,P a r a g r a p hB.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.
20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the follow- ing:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.
To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and
(c) The names and addresses of any injured persons and witnesses.
21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us , is amended by the addition of the following:
If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also.
22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS ,P a r a g r a p hB.7. Policy Period, Coverage Territory ,i s amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
WAIVER OFT R A NSFER OFR IGHTSO FR ECOVERY AGAINST OTHERS TOU S
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 28
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 8 o f 7
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.
23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT
The following is added toSECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that:
1. Such "insured" is a Named Insured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".
SECTION V - DEFINITIONS is amended as follows:
24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time.
PRIMARY AND N ON-CONTRIBUTING IFR E QU I R E DB YW R I T T E NCONTRACT ORW R I T T E NAGREE- MENT
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 29
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EQUIPMENT BARE LEASE AGREEMENT
This “Agreement” is made by and between Kellar Equipment located at 34075 Avenue J, Yucaipa, CA 92399 and City of Menifee located at 29844 Haun Rd. Menifee, CA 92586 (hereinafter referred to as “Lessee”).
The parties involved agree to the following:
1. Equipment / Term: Kellar Equipment in consideration of the satisfactory performance of the terms and conditions of this “Agreement”, grants to Lessee the right to use a 2016 INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER, during the following dates and times:
4 month lease, beginning September 8, 2022 and ending December 31, 2022. Lessee has the option to lease month to month thereafter. A month is defined as a calendar month not to exceed 160 hours in any given month. Additional hours will be pro-rated and charged at $50.00 per hour for every hour over 160 hours in any given month. Equipment will be billed upon acceptance of the equipment and at the start of each subsequent month. Payment is due within 15 days of bill date. If payment is 30 days past due, the agreement will be terminated.
2. Rights and Responsibilities of Lessee: Lessee shall have the following rights, privileges, and responsibilities:
Use of the Equipment based on the criteria agreed upon above in section 1. Kellar Equipment will deliver the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER at the beginning of the rental term. Lessee must make sure the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER remains at the Lessee’s job address located at 27860 Bradley Rd, Menifee, CA 92586 unless otherwise granted by Kellar Equipment.
Routine engine maintenance (including necessary filters and fluids) will be the responsibility of Kellar Equipment to be done on-site at 27860 Bradley Rd, Menifee, CA 92586 .
Normal adjustments per manufacturer recommended intervals will be the responsibility of Kellar Equipment and performed at 27860 Bradley Rd, Menifee, CA 92586 . If it is unreasonable to perform maintenance at this location, Kellar may move and return the equipment.
All consumable replacements will be the responsibility of Lessee. IE gutter brooms, main brooms, elevator flight rubbers, fuel, def fluid, etc.
Lessee is responsible for providing an operator for the leased equipment as well as maintaining appropriate insurance detailed in #6.
3. Direct Expenses: Lessee shall reimburse Kellar Equipment for all direct expenses associated with Lessee’s use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER. Such direct expenses shall include:
i. Equipment use = $12,500.00 monthly lease ( plus applicable state and local sales taxes ) Rates are based on 8 hours per day, five days per week (during any given month), not to exceed 160 hours total per month ii. Repair of INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER if damaged due to Lessee’s misuse.
iii. Parts worn out due to Lessees use except for routine engine maintenance items iv. Any damages caused by Lessee will be repaired as needed by Kellar Equipment’s desired vendor and billed at their current labor and parts rates at DocuSign Envelope ID: CB835146-B0BD-41D9-B535-546B4690B67D DocuSign Envelope ID: 18EFED60-3F44-4A77-98DD-2CD06ECC0735 Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 30
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the vendor’s location.
v. $500 cleaning fee for vehicles returned dirty
vi. $150 fuel charge if unit is returned with less fuel than at the time of delivery Section 3. Initial
4. Care of Equipment: Lessee shall take the necessary steps to assure that Lessee, it’s employees, agents, represented, guests and invites shall not injure, mar, or in any way deface the Equipment, nor cause or permit anything to be done whereby said INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER shall be in any manner injured, marred or defaced. Damages caused by improper fueling (IE def fluid in diesel tank, diesel fuel in def fluid tank) will be charged to Lessee. All fluids and tire pressures must be checked before each shift. Damages caused by negligence of the Lessee will be charged to Lessee. Lessee will have the opportunity to inspect the equipment at delivery and sign off as to its condition. Any damage due to Lessee’s misuse upon return will be the responsibility of Lessee.
Section 4. Initial
5. Indemnification / Hold Harmless: Lessee shall indemnify and hold Kellar Equipment harmless of and from any and all loss, damage or injury to any person or persons, or property, arising from or connected with the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER or Lessee’s use thereof. Lessee further agrees to waive all claims against Kellar Equipment on account of any loss, damage, or injury from whatever cause which may occur to Lessee or its employees, agents, representatives, guest and invites in the use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER.
Lessee further agrees to indemnify Kellar Equipment for any damage done to the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER during Lessee’s use of the same.
6. Insurance:
1. Lessee shall, at its own expense, procure and maintain Commercial General Liability, Business Automobile, Excess Liability and Workers’ Compensation coverage issued by companies satisfactory to Kellar Equipment. Lessor shall be named as an Additional Insured on Lessee’s Commercial General Liability (endorsement required CG2026 07/04 or equivalent), Business Automobile and Excess Liability policies and Loss Payee with respect to Hired Automobile Physical Damage coverage for the full stated value of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER on Lessee’s Business Automobile policy. Lessee’s Commercial General Liability, Business Automobile and Excess Liability policies insurance is to be primary and non-contributory with any insurance maintained by Lessee. Certificate(s) of insurance including additional insured, loss payee, primary/non-contributory and waiver of subrogation endorsements obtained by Lessee are to be in force for the length of the Lease Term.
2. The limits of liability shall not be less than the following. If Lessee carries higher limits than specified, then those limits shall apply and not be limited by the minimum requirements specified herein.
a. Commercial General Liability coverage (“CGL”) with Limits of Liability of not less than $1,000,000 each occurrence and $2,000,000 aggregate, including contractual liability for bodily injury and property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee
b. Automobile Liability with limits of at least $1,000,000 Combined Single Limit c. Hired Automobile Physical Damage Coverage for a minimum limit of $120,000. Certificate must reflect the Hired Automobile Physical Damage Deductibles d. Workers Compensation/Employer’s Liability with limits of at least $1,000,000 each accident for bodily injury by accident/$1,000,000 policy limit for bodily injury by disease/$1,000,000 each employee for bodily injury by disease.
e. Umbrella/Excess Liability coverage on a “follow form” basis (including additional insured, primary/non-contributory and waiver of subrogation endorsements) with Limits of Liability not less than $3,000,000 each occurrence, including contractual liability for bodily injury and DocuSign Envelope ID: CB835146-B0BD-41D9-B535-546B4690B67D DocuSign Envelope ID: 18EFED60-3F44-4A77-98DD-2CD06ECC0735 Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 31
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property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee. f. Inland Marine Liability coverage for leased equipment.
3. The certificate holder/additional insured must
read:
Kellar Equipment
34075 Avenue J
Yucaipa, CA 92399
DocuSign Envelope ID: CB835146-B0BD-41D9-B535-546B4690B67D DocuSign Envelope ID: 18EFED60-3F44-4A77-98DD-2CD06ECC0735 Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 32
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Leased Equipment Description:
Model INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO
500X STREET SWEEPER
Delivery Date _____________
Pick up Date _____________
LESSEE
By:
Name:
Title:
Signature:
Date:
Purchase Order Number:
Kellar Equipment
By:
Name:
Title:
Signature:
Date:
Kellar Equipment
Cy Kellar
President
City of Menifee
Armando G. Villa
City Manager
DocuSign Envelope ID: CB835146-B0BD-41D9-B535-546B4690B67D 10/14/2022
DocuSign Envelope ID: 18EFED60-3F44-4A77-98DD-2CD06ECC0735 10/17/2022
Item Title: 12.1
Street Sweeping Services Update
Item Page Number: 33
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CITY OF MENIFEE
SUBJECT: Neighborhood Street Clean-up Program Update
MEETING DATE: November 16, 2022
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Receive a presentation from staff and provide comments regarding the proposed Adopt-a- Street Agreement and Adopt-a-Street Program Policies, Rules, and Procedures as key elements of a city-wide Neighborhood Street Clean-up Program.
DISCUSSION
Councilmember Sobek previously requested that the Public Works Department explore options for implementing a Neighborhood Street Clean-up Program that would encourage residents and businesses to partner with the City in keeping the streets in Menifee free of litter and debris. In response to this request, staff has developed the proposed Adopt-a-Street Agreement (“Agreement”) and Adopt-a-Street Program Policies, Rules, and Procedures (“Policy”) to support ongoing street beautification in a safe and effective manner through volunteer efforts.
The Policy establishes the agreement terms, roles, and requirements of voluntarily participating in the program. Residents, businesses, non-profits, community organizations, and private corporations are all eligible to volunteer to adopt a local roadway. Roadway segments to be adopted would be a minimum of one mile in length and a maximum of two miles.
Anyone wishing to adopt a section of street for clean-up would be required to enter into to a two year agreement approved by the City Council and commit to performing litter clean-up a minimum of one time quarterly for the agreement period. In support of the volunteer efforts, the City would supply safety vests, trash bags and trash pickers for the clean-ups, as well as pick up any bagged trash collected during the scheduled clean-up.
For those who volunteer to adopt a street, the City will place a street sign in the adopted street area recognizing the name of the individual/organization participating in the program.
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 1
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City of Menifee Staff Report
Neighborhood Street Clean-up Program
November 16, 2022
1 2
9 8
Programs such as this are key in the City and the public partnering to preserve the City as a premier place to live and work. Following any adjustments to the Policy based on feedback from the City Council, the Public Works Department anticipates roll out of the Adopt-a-Street program to the public beginning the first week of January 2023.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The current fiscal impact for this item is not anticipated to exceed $2,500 in fiscal year 2022/23.
These costs would be supported within existing fiscal year 2022/23 operating budgets in Gas Tax Fund 200-4552-51501.
ATTACHMENTS
1. Adopt-a-Street Agreement and Policy
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 2
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Adopt-a-Street Agreement
This Adopt-a-Street Agreement (“Agreement”) is made and entered into between City of Menifee, herinafter called “City” and ____________________________________ hereinafter called “Volunteer.” City and Volunteer may be referred to individually as “Party” or collectively as the “Parties.” City hereby authorizes the Volunteer permission to particpate in the Adopt-a-Street Program (“Program”) in accordance with the following terms and conditions:
Recitals
WHEREAS, Volunteer requests of City that Volunteer be allowed to adopt a street segment for beautification and clean-up purposes; and
WHEREAS, Volunteer wishes to keep Menifee, California clean and beautiful; and WHEREAS, City wishes to keep Menifee, California clean and beautiful; and WHEREAS, at Volunteer’s request, City will include Volunteer in its Program.
NOW, THEREFORE, incorporating the foregoing recitals herein, City and Volunteer mutually agree as follows:
Section 1.Volunteer commits to a two (2) year service from date of this agreeement. The term of this Agreement begins on ____________________________ and terminates on _______________________________________, unless terminated earlier by either City or Volunteer. Upon termination of this Agreement the Adopt-a-Street sign for Volunteer will be removed and belong to City.
Section 2.Volunteer agrees to follow said Adopt-a-Street Program Policies, Rules, and Procedures hereto attached as “Exhibit A.” Volunteer further agrees to follow instructions provided in this agreement including Exhibit “A” (Adopt a Street Program, Polices, Rules and Procedures) and any specific intructions provided for assigned street segment.
Section 3.Clean up adopted street segment no less than four (4) times per year; clean up at least once every three (3) months.
Section 4.Conduct cleanups only during the daylight hours of 8:00am to 5:00pm and during good weather conditions.
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 3
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6 Section 5.Contact City and schedule a time for the trash to be properly disposed.
Volunteer shall arrange this disposal time at least two (2) weeks prior to the cleanup.
Section 6.Place filled trash bags in a location designated by City for disposal.
Section 7.Ensure all of Volunteer’s participants are at least thirteen (13) years of age and that there is a ratio of one (1) supervising adult, over the age of twenty one (21), for every five (5) minors.
Section 8.Volunteer shall verify that Volunteer and each participant associate with Volunteer complete and sign a Volunteer Registration and Release Form, hereto attached as, “Exhibit B,” prior to particpating in a cleanup. Minors must obtain a Parent’s/Guardian’s informed consent. All forms shall be submitted to the City prior to a cleanup.
Section 9.Volunteer fully understands that peformance of the services specified in this Agreement may involve some risk of injury to Volunteer. By signing the Registration and Release Form, Volunteer agrees to assume all risks which accompany the performance of the services rendered by Volunteer and its participants and Volunteer shall make no claim of any kind against the City, its agents, or employees for any injuries which may arise from the performance of Volunteer’s services.
Section 10.Obtain supplies from the City during normal business hours.
Section 11.Require all participants to wear an orange vest during cleanups and encourage the use of protective clothing.
Section 12.Report hazardous materials. Hazardous materials are those materials in which their transportation “in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property” as determined by the U.S. Secretary of Transportation. (49 U.S.C. 5103.) These materials include, but are not limited to, explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas or a group or class of similar materials.
Section 13.Return remaining supplies furnished by the City within five (5) calendar days of completing the cleanup.
Section 14.Call 911 in the event of any emergency during the cleanup.
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 4
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6 Section 15.City shall provide and install an Adopt-a-Street sign with Volunteer name or acronym. The sign shall be installed after the first cleanup is completed and shall remain in place for the duration of the two (2) year period or until the contract is terminated.
Section 16.City shall furnish Volunteer with trash bags, trash pickers, and safety vests for cleanups.
Section 17.City shall dispose of the litter collected by Volunteer and arrange for the removal of hazardous materials if any are identified by Volunteer.
Section 18.By signing below, Volunteer recognizes the hazards and risks associated with particpating in the Adopt-a Street Program and agrees to the the terms and conditions set forth by City of Menifee.
Section 19.The laws of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
Section 20.The person(s) executing this Agreement on behalf of Volunteer warrant(s) that: (a) such party is duly organized and existing, (b) they are duly authorized to execute and deliver this Agreement on behalf of said party, and (c) by so executing this Agreement, such party is formally bound to the provisions of this Agreement.
Section 21.It is understood and agreed by City and Volunteer that if any part, term, or provision of this Agreement is held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
Section 22.Volunteer agrees that, in all work performed hereunder, the Volunteer shall receive no compensation from City. Volunteer is not an employee of City for any purpose and is not entitled to any compensation benefits, insurance, or salary.
Section 23.The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the Parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns.
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 5
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6 Section 24.City shall not be deemed a partner or joint venturer with Volunteer.
Section 25.All notices relevant to this Agreement shall be provided in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
City: CITY OF MENIFEE
City HALL
29844 Haun Road
Menifee, California 92586
Volunteer: __________________________________
__________________________________
__________________________________
Menifee, CA 925__
__________________________________
IN WITNESS WHEREOF, the partied hereto have caused this Agreement to be executed, the day and year first-above written.
Street ________________________________From________________________________To________________________________ Volunteer: ____________________________________________________________________________________________________ Address: ______________________________________________________________________________________________________ City, State, Zip: _______________________________________________________________________________________________ Phone: ________________________________________________________________________________________________________ (Signatures on Next Page.)
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 6
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“City”
CITY OF MENIFEE
By: _________________________________
Armando G. Villa
City Manager
Date: ______________________________
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By: _________________________________
Nicolas Fidler
Public Works Director
Date: ______________________________
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
By: _________________________________
Jeffrey T. Melching
City Attorney
Date: ______________________________
“Volunteer”
By: _________________________________
Print Name: _______________________
Title: _______________________________
Date: ______________________________
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 7
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Exhibit A
Adopt-a-Street Program Policies, Rules, and Procedures
POLICY
The Adopt-a-Street Program (“Program”) is a public participation program of City of Menifee’s (“City”) Public Works Department (“Department”). The Program’s purpose is to encourage residents and community organizations to aid in the removal of litter from adoptable City streets. Adoptable streets are public streets located in City. The Program does not apply to state highways, country roads, or private roads. A Volunteer shall only be permitted to pick up litter on the designated sections of the street.
ELGIBILITY
Non-profit organizations, private corporations, community organizations, and individuals are eligible to participate in the Adopt-a-Street Program. An interested party is only permitted to participate the Program after an Adopt-a-Street Agreement (“Agreement”) is fully executed by the City and the interested party (“Volunteer”). A Volunteer must review this Adopt-a-Street Program Policies, Rules, and Procedures (“Policies”) prior to completion of an Agreement.
RULES AND CONDITIONS
1. The length of the street section adopted should be at least one (1) mile long and no more than two (2) miles. Contact the Public Works Department Maintenance Operations Center at 951-723-3757 for a list of available street sections.
2. The Adopt-a-Street Program Agreement between the City and the Volunteer shall be effective for two (2) years and eligible for renewal if the program responsibilities have been fulfilled.
3. The Volunteer who signed the Adopt-a-Street Agreement is required to ensure that at least four (4) cleanups per year, three (3) months apart, occur within the two (2) year commitment period.
a. The Agreement only permits litter pickup, and the Volunteer and its participants do not have the right to plant, mow, or do other activities relating to the street pursuant to this Agreement.
b. Cleanups shall only be performed during daytime hours (8am -5pm).
4. The Agreement may be terminated by the City or the Volunteer upon ten (10) days’ written notice, served by mail or personal service, to all other parties.
5. No children under the age of thirteen (13) may participate. Children ages thirteen (13) to seventeen (17) may only participate under the supervision of an adult twenty- one (21) years of age or older. At all times, the Volunteer shall ensure there is at least one (1) adult supervisor for every five (5) minors.
6. The City shall provide safety vests to be worn during cleanup, trash pickers, and trash bags for litter removal. The remaining supplies shall be returned to City within five (5) calendar days of completing the cleanup.
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 8
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4 5
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6 PROCEDURES
1. Volunteers interested in the Adopt-a-Street Program should contact the City of Menifee’s Adopt-a-Street Program adminstrator (“Program Administrator”) at 951- 723-3757.
2. The Program Administrator will explain and discuss the Program with a responsible representative of the interested Volunteer, emphasizng the required two (2) year commitment.
3. Each Volunteer shall be responsible for completing an Adopt-a-Street Agreement and obtaining approval from the City.
4. Prior to each cleanup event, the Volunteer and all participants involved must sign and submit an Adopt-a-Street Registration and Release Form, attached as “Exhibit B” to the Adopt-a-Street Agreement to City.
5. The Volunteer will be responsible for contacting the Program Adminstrator to arrange a litter pick up date at least two (2) weeks prior to the cleanup event.
6. After the first cleanup, the City will provide and install one (1) Adopt-a-Street sign with the Volunteer’s name. The City reserves the right to edit the wording of the sign and has final approval of the sign. The sign will remain in place for the designated adoption period of two years, or longer if the Agreement is renewed. If the sign is damaged, the Volunteer will have the option to pay to have it replaced. Otherwise, the sign will not be replaced by the City.
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 9
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6 Exhibit B
Adopt-a-Street Program
Volunteer Registration and Release
Grantee Name
Name of Participant
Address City Zip Phone Number Emergency Contact Name Relationship Phone Number The City of Menifee Adopt-a-Street Program is for non-profit organizations, corporations, and individuals that desire to volunteer their time and services to aid in keeping the City clean. Participants are advised that working adjacent to City streets can be a dangerous activity. Particpants are required to wear orange vests provided by City and are encouraged to wear personal protective equipment and clothing.
As a volunteer for the City of Menifee, I agree to follow all of the rules outlined in the Adopt-a-Street Program Policy, Rules, and Procedures and abide by all safety practices.
I acknowledge that my participation in the Adopt-a-Street Progam involves risks of physical injury and death.
I hereby agree to be responsible for all risks associated with my participation in the Adopt-a-Street Program, and I hold harmless the City of Menifee, its departments, officials, employees, and agents (“City Parties”) for any injury or damages which may result from my participation in the program. I waive my right to any claim and lawsuit against the City Parties for damages or injury of any kind that may be inflicted upon me while participating in the Adopt-a-Street Program. I agree to hold harmless, defend, and indemnify the City Parties from all claims and lawsuits for injury, loss, or damage to other individuals or organizations which may result from my participation in the Adopt-a-Street Program.
Signature of Participant Date
I certify that I am the parent or legal guardian of the aforementioned participant and that I have read and understood the foregoing release and waiver. I, too, hereby agree to the terms and conditions contained herein on behalf of my child and myself.
Name of Parent/Guardian Phone Number
Signature of Parent/Guardian Date
(If participant is less than 18 years old)
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 10
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6 Adopt-a-Street Participant Roster
*Please return completed form to the above address within 5 days after each cleanup* Volunteer Name: Date:
Location:
Number of Bags Collected:
Hazardous Materials (if any):
Participant Name Emergency Contact
Name
Emergency Contact
Number
Start Time End Time
Item Title: 12.2
Neighborhood Street Clean-up Program Update
Item Page Number: 11
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