Agenda — Ridgecrest City Council, February 2, 2022

Agendas are available on the City Website
https://www.ridgecrest-ca.gov/council-agendas
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
AGENDA
February 2, 2022
Closed Session 5:00 p.m.

Regular Session 6:00 p.m.

City Hall, Council Chambers
100 100 West California Avenue
Ridgecrest CA 93555
Ricca Charlon, City Clerk
(760) 499-5002
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in the meeting, please contact Ricca Charlon at (760) 499-5002. Requests must be made as early as possible and at least one full business day before the start of the meeting.

Documents and material relating to open session agenda items that are provided to the full City Council prior to a regular meeting will be available for public inspection and copying at City Hall.

City Council agendas and corresponding writings of open session items are available for public inspection at the following locations:

1. City of Ridgecrest City Hall, 100 W. California Ave., Ridgecrest, CA 93555

2. City of Ridgecrest official website at https://ridgecrest-ca.gov/212/City-Council

CITY COUNCIL
Eric A. Bruen, Mayor
L. Scott Hayman, Mayor Pro Tem
Solomon P. Rajaratnam, Vice Mayor
Kyle Blades, Council Member
Peggy Breeden, Council Member
Ron Strand, City Manager
Keith Lemieux, City Attorney
Martin Koczanowicz, City Attorney
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City of Ridgecrest Public Meeting Protocol
In Response to Coronavirus (COVID-19)
City of Ridgecrest Council meetings are OPEN to public attendance. Although Chambers are OPEN, public participation is still encouraged via live streaming, call-in or via written correspondence.

TO PARTICIPATE please call, email, or send mail to the contact info provided below:

The public may use one of the following alternatives for participating in person:
 Watch meetings on-line:

All of our meetings are streamed live at https://ridgecrest-ca.gov/369/Watch or on YouTube at https://www.youtube.com/cityofridgecrest/live and are also available for playback after the meeting.
 Call in for public comments:

To participate with verbal comments, please call (760) 499-5010. This phone line will allow only one caller at a time, so if the line is busy, please continue to dial. We will be allowing a 20-30 second delay between callers to give time for media delays and callers to dial in. If you wish to comment on multiple items you will need to call in as each item is presented.  Submit written comments:

We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting.

Send emails to [email protected]; written correspondence may be sent to Ricca Charlon, City Clerk, 100 W. California Ave., Ridgecrest, CA 93555. Please specify to which agenda item your comment relates. All communication, whether it is a formal letter or an online informal email, is read by the City Council.

Please click on the link below to access the City Council Agenda, Minutes and Video web page. https://ridgecrest-ca.gov/212/City-Council
If you have any questions please contact us.

Ricca Charlon, City Clerk
Phone: (760) 499-5002
*Revised February 24, 2021
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100 W. CALIFORNIA AVE. | RIDGECREST, CA 93555
Phone 760.499.5000 | Fax 760.499.1520
www.ridgecrest-ca.gov

NOTICE AND CALL OF A CLOSED SESSION MEETING OF THE

RIDGECREST CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY /

HOUSING AUTHORITY / FINANCING AUTHORITY

TO THE MEMBERS OF THE RIDGECREST CITY COUNCIL / SUCCESSOR

REDEVELOPMENT AGENCY / HOUSING AUTHORITY / FINANCING AUTHORITY, PUBLIC AND CITY CLERK:

PUBLIC NOTICE that a CLOSED SESSION MEETING of the Ridgecrest City Council/Successor Redevelopment Agency/Housing Authority/Financing Authority is hereby called on:

Wednesday, February 2, 2022 @ 5:00 p.m.

City Council Chambers
100 W. California Avenue
Ridgecrest, California
Said CLOSED SESSION MEETING shall be for the purpose of:

Conference with Legal Counsel – Existing Litigation (§ 54956.9) Name of Case: Mojave Pistachios, LLC v Indian Wells Valley Water District, et al. (Case No. 30-2021-01187275-CU-OR-CJC)
Dated: January 27, 2022
Eric A. Bruen, Mayor / Chair
ATTEST:

Ricca Charlon, City Clerk
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RIDGECREST CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY

HOUSING AUTHORITY
AGENDA
Wednesday, February 2, 2022 Closed Session – 5:00 p.m.

Regular Session – 6:00 p.m.

City of Ridgecrest Council meetings are OPEN to public attendance. Although Chambers are OPEN, public participation is still encouraged via live streaming, call-in or via written correspondence.

CALL TO ORDER

ROLL CALL

APPROVAL OF AGENDA

PUBLIC COMMENT ON CLOSED SESSION

CLOSED SESSION
Conference with Legal Counsel – Existing Litigation (§ 54956.9) Name of Case: Mojave Pistachios, LLC v Indian Wells Valley Water District, et al. (Case No. 30-2021-01187275-CU-OR-CJC)
REGULAR SESSION – 6:00 p.m.
 Pledge Of Allegiance
 Invocation

ATTORNEY REPORT OUT OF CLOSED SESSION

PRESENTATIONS

1. Ridgecrest Police Dept. Life Saving Awards – Officers Kenney & Stangle MCLAUGHLIN

2. Safely Surrender Baby Proclamation COUNCIL

3. SB1383 – Mandatory Organic Waste Recycling Program HF&H CONSULTANTS

PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA
Persons wishing to address the Council on matters that are within the Council’s jurisdiction and DO NOT ALREADY APPEAR ON THE AGENDA, may do so at this time.

COUNCIL ANNOUNCEMENTS

CONSENT CALENDAR

4. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated January 19, 2022 CHARLON

AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – February 2, 2022

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DISCUSSION / ACTION ITEMS

5. Proposed Action To Approve A Resolution Of The Ridgecrest City Council Authorizing Submittal Of Notice Of Intent To Comply (NOIC) To CalRecycle Under SB 619 MCKENZIE

6. Proposed Action To Approve A Resolution Of The Ridgecrest City Council Authorizing Submittal Of Application For CalRecycle Senate Bill No. 1383 (SB 1383) Local Assistance Grant Program MCKENZIE

7. A Resolution Approving An Agreement Between The City Of Ridgecrest And The County Of Kern To Provide Fire Protection Services Within The City Of Ridgecrest STRAND

8. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) HAYMAN

COMMITTEE REPORTS
**Committee Meeting dates are subject to change and will be announced on the City website Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.

Location: City Hall Council Chambers
 Report from 1/27/2022

OTHER COMMITTEES, BOARDS, OR COMMISSIONS
Kern Council of Governments (KernCOG) – Jan. 20, 2022
City Selection Committee (CSC) – Jan. 20, 2022

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

MAYOR AND COUNCIL COMMENTS

ADJOURNMENT
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A Proclamation of
The City of Ridgecrest, California

SAFELY SURRENDERED BABY AWARENESS MONTH
WHEREAS, the Safely Surrendered Baby Law was created in 2001 with the intent to save the lives of newborn infants at risk of abandonment by encouraging parents or persons with lawful custody to safely surrender the infant within 72 hours of birth, with no questions asked; and,
WHEREAS, since 2006 the Safely Surrendered Baby Law has saved 90 infants in Kern County and placed in them loving homes; and,
WHEREAS, In Ridgecrest and throughout Kern County, a newborn baby can be safely surrendered into the hands of any hospital emergency room or Fire Station staff; and WHEREAS, The Safely Surrendered Baby Coalition, under the coordination of the Department of Human Services, works to educate Ridgecrest Citizens and all Kern County residents about this important law. The coalition is made up of a small group of dedicated individuals representing a long list of agencies, non-profits, hospitals, and stakeholders, including First 5 Kern, Ridgecrest Regional Medical Center, Kern County Fire Department, Kern Medical, Mercy & Memorial Hospitals, & Adventist Health to name a few.

NOW, THEREFORE, BE IT PROCLAIMED by the City Council of the City of Ridgecrest does hereby proclaim the month of February as Safely Surrendered Baby Awareness Month and encourages all Ridgecrest citizens to reach out and assist the Safely Surrender Baby Coalition with their endeavors.

Proclaimed this 2
nd Day of February 2022
Eric A. Bruen
Mayor

L. Scott Hayman Solomon P. Rajaratnam
Mayor Pro Tem Vice Mayor
Kyle Blades
Council Member
Peggy Breeden
Council Member
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT:

Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated January 19, 2022
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:

Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting Dated January 19, 2022 FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: Feb. 2, 2022
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RIDGECREST CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY

HOUSING AUTHORITY
DRAFT Minutes
January 19, 2022 Regular Session – 6:00 p.m.

This meeting was recorded and will be on file in the Office of the City Clerk for a certain period of time from date of approval by the Ridgecrest City Successor Agency/Financing Authority/Housing Authority. Meetings are recorded solely for the purpose of preparation of minutes.

CALL TO ORDER – 6:02 p.m.

ROLL CALL
Council Present: Mayor Eric A. Bruen; Mayor Pro Tem L. Scott Hayman; Vice Mayor Solomon P.

Rajaratnam; Council Member Peggy Breeden; Council Member Kyle Blades (via WebEx)
Staff Present: City Manager Strand; City Attorney Koczanowicz (via WebEx); City Clerk Charlon; PW Director Reed; Finance Director Freese; Interim P&R Director Wegener; Chief McLaughlin

APPROVAL OF AGENDA
 Rajaratnam - Hayman: 5 Ayes
NOTE: The vote is displayed in bold below each item. For example, Blades-Rajaratnam denotes Council Member Blades made the motion and Vice Mayor Rajaratnam seconded the motion.

REGULAR SESSION

PRESENTATIONS

1. 32 Years Of Service Award – Sergeant Tony Brown MCLAUGHLIN

2. Presentation of Proclamation - School Choice Week COUNCIL PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA - None

COUNCIL ANNOUNCEMENTS
Rajaratnam – Feb 24, 2022 Economic Outlook Conference @ KMCC

CONSENT CALENDAR

3. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated January 5, 2022 CHARLON

4. Appointment To City Selection Committee CHARLON

5. Proposed Action To Approve A Resolution Of The Ridgecrest City Council Authorizing Officer Or Agent To Accept And Consent To Recordation Of Deeds Or Grants Resolution #22-05

CHARLON
 Breeden - Hayman: 5 Ayes

DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – JANUARY 19, 2022

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DISCUSSION / ACTION ITEMS

6. Discussion and Possible Action Regarding Letter of Support/White Paper for Proposed National Defense Authorization Act (NDAA) Amendments Related to WWTF STRAND  Direction Given To Staff To Send The Letter Of Support As Written

7. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) HAYMAN

8. Appointment Of Measure V Committee Members CHARLON
Holly Farris – nominated by Blades
Christian Aguirre – nominated by Rajaratnam
Jon Harper – nominated by Hayman
Chip Holloway – continuing to serve (Bruen)
Chris Hill – continuing to serve (Breeden)
 Breeden - Rajaratnam: 5 Ayes

9. A Resolution Of The Ridgecrest City Council To Appropriate A Portion Of The American Rescue Plan Act Funds – Smart Water System Resolution #22-06 WEGENER  Rajaratnam - Breeden: 5 Ayes

COMMITTEE REPORTS
City Organization and Services Committee (‘City Org’)
Members: Mayor Eric A. Bruen and Peggy Breeden
Meeting: 1st Thursday each month at 5:30 p.m.

Location: City Hall Council Chambers
 Report from 1/6/22 – discussed ‘Civic Drive’ renaming; WM organics Finance Committee
Members: Mayor Eric A. Bruen and Scott Hayman
Meeting: 2nd Tuesday each month at 5:30 p.m.

Location: City Hall Council Chambers
 Report from 1/11/22 – discussed Annual Comprehensive Financial Report (ACFR) Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 2nd Wednesday of the Month @ 5:00 p.m.

Location: City Hall Council Chambers
 Report from 1/12/22 – discussed franchise outreach; gave dates for opening of new businesses; ICSC Conference
OTHER COMMITTEES, BOARDS, OR COMMISSIONS –

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

MAYOR AND COUNCIL COMMENTS
ADJOURNMENT – 7:17 p.m.
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CITY COUNCIL/SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY/HOUSING AUTHORITY AGENDA ITEM
SUBJECT: Proposed Action To Approve A Resolution Of The Ridgecrest City Council Authorizing Submittal Of Notice Of Intent To Comply (NOIC) To CalRecycle Under SB 619 PRESENTED BY: Megan McKenzie, Administrative Analyst
SUMMARY:

Jurisdictions are required to implement SB 1383 starting on January 1, 2022. As jurisdictions are preparing to implement the law, many local governments are facing challenges due to the COVID19 pandemic. In response, Governor Newsom signed SB 619 (Laird, Chapter 508, Statutes of 2021) into law to support local governments as they design and implement successful organic waste recycling programs throughout the state. The law authorizes CalRecycle to waive civil penalties if a jurisdiction submits a Notification of Intent to Comply for some or all of the regulatory requirements and successfully implements a plan to correct their violations. The NOIC provides jurisdictions relief from civil penalties for calendar year 2022, although they will be required to provide a justification for why they will be out of compliance, a list of action items the jurisdiction will take to come into compliance, and a timeline to implement them.

Justification:
 Delay in Franchise Agreement Negotiations pending LEA Approval of Proposed Collection Frequency
 Additional Time Needed for Procurement & Roll-Out of Containers/Lids  COVID-19 Impacts Re: Supply Chain Issues & Labor Shortages Key Action Items & Timeline:
 NOIC & Approved Resolution Due Date: March 1, 2022*
 Ordinance - Anticipated Completion: June 2022
 Franchise Agreement – Anticipated Completion: August 2022  Outreach/Education – Ongoing Effort: July 2022-January 2023  Cart Roll-Out & Implementation of Collection Systems – Anticipated Jan. – June ‘23 *CalRecycle will not approve a Notification of Intent to Comply (NOIC) unless it is submitted with written evidence that the NOIC has been duly adopted by the local governing body.

If a local jurisdiction fails to adhere to the proposed actions and schedule described in a Notification, then CalRecycle may revoke its approval and impose administrative civil penalties for violations. It should be noted that the dates listed in the NOIC intentionally built in several months buffer to give the City ample time to complete each task in case things take longer than currently anticipated.

ATTACHED EXHIBITS:

Exhibit “A” - Notice of Intent to Comply Application
Exhibit “B” – Notice of Intent to Comply Schedule of Proposed Corrective Actions FISCAL IMPACT: None
ACTION REQUESTED: Approve Resolution
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION:

Action as requested
Submitted by: Megan McKenzie Action Date: Feb. 2, 2022
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIDGECREST,

CALIFORNIA, AUTHORIZING SUBMITTAL OF NOTICE OF INTENT TO COMPLY (NOIC) TO CALRECYCLE UNDER SB 619
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and, WHEREAS, City of Ridgecrest is a local jurisdiction required to comply with the Regulations; and, WHEREAS, City of Ridgecrest is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; and,
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and, WHEREAS, City of Ridgecrest is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and,
WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest does hereby find as follows:

1. The City Council of the City of Ridgecrest by and through its City Manager hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A.”

2. The City Council of the City of Ridgecrest hereby authorizes and directs City Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute.

3. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Ridgecrest represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.

4. The City of Ridgecrest by and through its City Manager also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.

ADOPTED AND APPROVED this 2
nd day of February, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Eric A. Bruen, Mayor
ATTEST:

Ricca Charlon, City Clerk
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Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].

A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.

Please clearly print or type responses. Attach additional pages as necessary.

Jurisdiction Name: Ridgecrest County:Kern County
Person Completing the Form:Ron Strand
First Name: Ron Last Name: Strand
Title: City Manager
Mailing Address: 100 West California Ave
City: Ridgecrest Zip Code: 93555
Email Address: [email protected]
Phone Number: 760-499-5001

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1) 14 CCR Section 18981.2. Implementation Requirement on Jurisdictions (2) 14 CCR Section 18984.14. Recordkeeping Requirements for Waivers and Exemptions (3)
(4)
(5)

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

The City has been in sole-source negotiations with their current franchise hauler to amend and restate the existing agreement since November 2021. The City's current two-container collection system is set up to collect recyclables (blue container) and solid waste (green container). The City and its hauler have agreed on a three-container, color and label compliant collection program, but are in the process of obtaining LEA to approve an every-other week recyclables and solid waste collection, and an every week organics collection program, to minimize the potential rate impacts. The required approval process has caused some additional delay in the negotaiations as this decision has a material impact on program costs and operations. Once the proposed collection program is approved by the LEA, and the City Council approves the amended and restated franchise agreement, the hauler has requested additional time in procuring the third containers and lids needed to roll out the three-container colorcompliant collection program to accommodate supply chain issues and labor shortages.

3. A description of the impacts of the COVID-19 pandemic on compliance.

COVID-19 has impacted supply chains and the franchise hauler's ability to secure the additional containers and lids required for implementation of a compliant three-container collection system.

The franchise hauler has also expressed that staffing shortages will delay delivery of the new container and installation of lids on containers that are being retrofitted. The City has also experienced the impacts of COVID-19, focusing City resources on pandemic response and protecting the health and safety of its community.

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.

Please see attached document detailing planned action items and timeline.

I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
------------------------------
Signature
------------------------------
Printed Name
------------------------------
Title
----------------------------
Date
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:

TASK 2: Date to be completed:

TASK 3: Date to be completed:

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:

TASK 2: Date to be completed:

EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/7/2022
TASK 2: The city will work with its hauler to find a facility to accept mixed organic waste.

Date to be completed:
4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly reports from the hauler to monitor full distribution of carts.

Date to be completed:
4/28/2022
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Task 1: Draft revised City Municipal Code for Council consideration (began Q4 2021) Started Nov 2021 - complete May 2022 Task 2: Seek City Council approval of ordinance Date to be completed: June 2022 Task 3: Conclude on-going negotiations with franchise hauler (began Q4 2021) Anticipated completion date: June 2022 Task 4: Complete revisions to the franchise agreement for collection and processing Start July 2022 - complete August 2022 Task 5: Seek City Council approval of franchise agreement Anticipated completion date: August 2022 Action: Proposed Schedule:

Task 1: Conclude on-going negotiations with franchise hauler (began Q4 2021) Anticipated completion date: June 2022 Task 2: Complete revisions to the franchise agreement for collection and processing Start July 2022 - complete August 2022 Task 3: Seek City Council approval of franchise agreement Anticipated completion date: August 2022 Task 4: Outreach/Education of new/expanded services to residents Start July 2022 - complete January 2023 Task 5: Purchase third cart and replacement lids Start August 2022 Task 6: Implement compliant collection system Start January 2023 - complete June 2023 SB 1383 Continuing Violations
14 CCR Section 18981.2 - Implementation Requirement on Jurisdictions Continuing Violation # 1: The City has not adopted enforceable ordinance(s), or similarly enforceable mechanisms, for all requirements to mandate that organic waste generators, haulers, and other entities comply with the requirements of Title 14, Division 7, Chapter 12.

Explanation:

The City's Municipal Code is in the process of being revised to include the requirements of SB 1383. Language will be included in the municipal code to give the authority for the jurisdiction to ensure compliance with Title 14, Division 7, Chapter 12. Additionally, the City is in the midst of sole-source negotiations with its current franchise hauler to revise its franchise agreement to have a collection program, monitoring process, and education and outreach program that complies with Title 14, Division 7, Chapter 12. Additionally, the City has been in communication with the LEA about the imposition of every -other-week collection of refuse and recyclables, and weekly organics collection to minimize the rate impacts to customers. In the event that the LEA does not approve this program, the City will need to re-negotiate rates with its franchise hauler which may further impact the implementation timeline.

Explanation:

The City has been in sole-source negotiations with their current franchise hauler to amend and restate the existing agreement since November 2021. The City's current two-container collection system is set up to collect recyclables (green container) and solid waste (blue container). The City and its hauler have agreed on a three-container, color and label compliant collection program, but are in the process of obtaining LEA to approve an every-other week recyclables and solid waste collection, and an every week organics collection program, to minimize the potential rate impacts. Once negotiations with the hauler are complete, time is needed to purchase and deploy the new third container and re-lid existing containers. Due to the supply chain issues and labor shortages caused by COVID-19, the City and its hauler believe it will take several months for the new containers to arrive and to obtain the required labor for distribution and relidding. During the delay, the City will distribute educational materials to prepare residents for the transition.

Continuing Violation # 2a: The City has not implemented compliant organic waste collection services for all residents. 14 CCR Section 18984.1. Organic Waste Collection Services 1/25/22
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Once negotiations with the hauler are complete, time is needed to purchase and deploy the new third container and re-lid existing containers. The City's current trash container is green and recycling is blue. All green containers will be re-painted to be color compliant. A third container will be distributed to all commercial businesses for organic waste. Due to the supply chain issues and labor shortages due to COVID-19, the City and its hauler believe it will take several months for the new containers to arrive and to have the labor for distribution. During this delay, the City will distribute educational materials to prepare residents for the transition.

Continuing Violation # 2b: The City has not implemented compliant organic waste collection services for all commercial businesses. 1/25/22
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Task 1: Conclude on-going negotiations with franchise hauler (began Q4 2021) Anticipated completion date: June 2022 Task 2: Complete revisions to the franchise agreement for collection and processing Start July 2022 - complete August 2022 Task 3: Seek City Council approval of franchise agreement Anticipated completion date: August 2022 Task 4: Outreach/Education of new/expanded services to residents Start July 2022 - complete January 2023 Task 5: Purchase third cart and replacement lids; re-paint existing bins Start August 2022 Task 6: Franchisee implementation of container contamination minimization programs Date to be completed: June 2023 Task 7: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: June 2023 14 CCR Section 18984.5 - Container Contamination Minimization 14 CCR Section 18984.6 - Recordkeeping Requirements for Container Contamination Minimization Explanation:

Explanation:

Continuing Violation # 4: The City has not yet implemented recordkeeping requirements for the prohibition of contaminants being placed in a collection container by a generator as the City has not yet implemented container contamination minimization programs, as described in Continuing Violation #3.

Once negotiations with the hauler are complete and the third containers have been deployed, the City will be able to begin its container contamination minimization and monitoring program through its franchise hauler. The pending franchise agreement will include contamination minimization/monitoring methods compliant with Section 18984.5.

Continuing Violation # 3: The City has not yet implemented contamination minimization through route reviews and/or waste evaluations as the City will be delegating this requirement to the franchise hauler through the restated franchise agreement.

Recordkeeping information regarding the hauler container contamination minimization programs will be included in the Implementation Record concurrent with implementation of the container contamination minimization program which is further described in Violation #3. 1/25/22
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Task 1: Conclude on-going negotiations with franchise hauler (began Q4 2021) Anticipated completion date: June 2022 Task 2: Complete revisions to the franchise agreement for collection and processing Start July 2022 - complete August 2022 Task 3: Seek City Council approval of franchise agreement Anticipated completion date: August 2022 Task 4: Outreach/Education of new/expanded services to residents Start July 2022 - complete January 2023 Task 5: Purchase color-compliant third cart and replacement lids; re-paint existing bins Start August 2022 Task 6: Roll-out of new color-compliant containers by hauler to generators who do not have all required waste streams; replace damaged containers with color-compliant containers; re-paint existing bins to be color-compliant
Date to be completed: June 2023
Action: Proposed Schedule:

Task 1: Conclude on-going negotiations with franchise hauler (began Q4 2021) Anticipated completion date: June 2022 Task 2: Complete revisions to the franchise agreement for collection and processing Start July 2022 - complete August 2022 Task 3: Seek City Council approval of franchise agreement Anticipated completion date: August 2022 Task 4: Outreach/Education of new/expanded services to residents Start July 2022 - complete January 2023 Task 5: Purchase color-compliant third cart and replacement lids; re-paint existing bins Start August 2022 Task 6: Roll-out of new label-compliant containers and lid-replacements by hauler Date to be completed: June 2023 Continuing Violation # 5: The City has not provided containers for collection services to all generators that comply with container color requirements.

Note: The City's franchise hauler currently provides 2-container (recycling and solid waste) collection services with containers meeting some, but not all, of the color requirements.

Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to enforce the container labeling requirements. The pending franchise agreements will incorporate the container labeling requirements of Section 18984.8.

Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to enforce the container color requirements. Once adopted, the hauler will need to purchase all generators a third color-compliant container, and re-lid existing containers to ensure they are color-compliant. Time has been included in this schedule for expected supply chain delays and labor shortage issues expressed by the City's franchise hauler. The pending franchise agreement will incorporate the container color requirements of Section 18984.7. 14 CCR Section 18984.8 - Container Labeling Requirements Continuing Violation # 6: The City's franchise hauler is not currently required to place labels on each new container or lid provided to generators specifying materials allowed to be placed in each container until approval of the pending franchise agreements. 14 CCR Section 18984.7 - Container Color Requirements
Explanation:
1/25/22
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Task 1: Draft revised City Municipal Code for City Council consideration (began Q4 2021) Started Nov 2021 - complete May 2022 Task 2: Seek City Council approval of ordinance Date to be completed: June 2022 Task 3: Conclude on-going negotiations with franchise hauler (began Q4 2021) Anticipated completion date: June 2022 Task 4: Complete revisions to the franchise agreement for collection and processing Start July 2022 - complete August 2022 Task 5: Seek City Council approval of franchise agreement Anticipated completion date: August 2022 Task 6: Outreach/education of new/expanded services to residents Start July 2022 - complete January 2023 Task 7: Waiver program implementation Date to be completed: June 2023 Task 8: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: June 2023 Explanation:

Information regarding the jurisdiction waiver programs will be included in the Implementation Record concurrent with implementation of the City's waiver and exemption program.

Continuing Violation # 8: The City has not implemented all recordkeeping requirements for waivers and exemptions as the City has not yet implemented SB 1383 waivers, as described in Continuing Violation #7.
14 CCR Section 18984.11 - Waivers Granted by a Jurisdiction The City's Municipal Code is in the process of being revised as described in Violation #1. Language will be included in the ordinance giving authority for the jurisdiction to issue waivers as prescribed in Section 18984.11. Waiver program assistance will be established through the pending franchise agreement. The City will begin implementation of SB 1383 waiver programs once the City ordinance and hauler franchise agreements are finalized and adopted by the City Council.

Continuing Violation # 7: The City has not implemented waivers to generators granted by a jurisdiction, as this will be dependent on imposition of mandatory service, approval of the pending franchise agreement by the City Council, and development of a compliant program. 14 CCR Section 18984.14 - Recordkeeping Requirements for Waivers and Exemptions Explanation:
1/25/22
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Task 1: Conclude on-going negotiations with franchise hauler (began Q4 2021) Anticipated completion date June 2022 Task 2: Complete revisions to the franchise agreement for collection and processing Start July 2022 - complete August 2022 Task 3: Seek City Council approval of franchise agreement Anticipated completion date: August 2022 Task 4: Outreach/Education of new/expanded services to residents Start July 2022 - complete January 2023 Task 1: Draft revised City Municipal Code for Council consideration (began Q4 2021) Started Nov 2021 - complete May 2022 Task 2: Seek City Council approval of ordinance Date to be completed: June 2022 Task 3: Conclude on-going negotiations with franchise hauler (began Q4 2021) Anticipated completion date: June 2022 Task 4: Complete revisions to the franchise agreement for collection and processing Start July 2022 - complete August 2022 Task 5: Seek City Council approval of franchise agreement Anticipated completion date: August 2022 Task 6: Outreach/Education of new/expanded services to residents Start July 2022 - complete January 2023 The City is updating its Municipal Code to mandate that commercial edible food generators comply with SB 1383. The City is using the franchise hauler to distribute educational materials. One the franchise agreement is finalized, the hauler will distribute appropriate materials to commercial edible food generators beginning in July 2022 on their obligations to comply.

Continuing Violation # 9: The City has not provided organic waste recovery education and outreach to all generators provided with organic waste collection service, as the City will not be providing SB 1383 prescribed organic waste collection services by February 1, 2022. 14 CCR Section 18985.1 - Organic Waste Recovery Education and Outreach Explanation:

The City is using the franchise hauler to distribute educational materials. Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to provide the organic waste collection services. One the franchise agreement is finalized, the hauler will distribute appropriate materials to commercial businesses receiving new collection services beginning in July 2022, and materials preparing residential customers for new services to be implemented in January 2023. 14 CCR Section 18985.2 - Edible Food Recovery Education and Outreach Continuing Violation # 10: The City has not provided edible food recovery education and outreach to all commercial edible food generators prior to February 1, 2022, as City will not have a fully compliant edible food recovery program.

Explanation:
1/25/22
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Information regarding the jurisdiction education and outreach efforts will be included in the Implementation Record concurrent with implementation of the City's organic waste recovery education and outreach program.

Continuing Violation # 12a: The City does not have an approved franchise agreement that requires the franchise hauler to provide residential, commercial, or industrial organic waste collection services to meet the requirements and standards of Title 14, Division 7, Chapter 12. 14 CCR Section 18985.3 - Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements Continuing Violation # 11: The City has not yet implemented recordkeeping requirements for organic waste recovery education and outreach as the City has not yet implemented mandatory organic waste collection services.

Explanation:
14 CCR Section 18988.1 - Jurisdiction Approval of Haulers and Self-Haulers Explanation:
1/25/22
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Task 1: Draft revised City Municipal Code for Council consideration (began Q4 2021) Started Nov 2021 - complete May 2022 Task 2: Seek City Council approval of ordinance Date to be completed: June 2022 Task 3: Implementation of self-haul program Date to be completed: July 2023 Task 4: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: July 2023 Action: Proposed Schedule:

Task 1: Conclude on-going negotiations with franchise hauler (began Q4 2021) Anticipated completion date: June 2022 Task 2: Complete revisions to the franchise agreement for collection and processing Start July 2022 - complete August 2022 Task 3: Seek City Council approval of franchise agreement Anticipated completion date: August 2022 Task 4: Outreach/Education of new/expanded services to residents Start Sept 2022 - complete January 2023 Task 5: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: January 2023 Continuing Violation # 13: The City has not implemented recordkeeping requirements for compliance with jurisdiction's hauler programs as the City does not have a franchise hauler agreement that requires compliance with Title 14, Division 7, Chapter 12 nor an ordinance that allows generators to self-haul their source-separated organic waste.

Explanation:

Information regarding the jurisdiction hauler programs will be included in the Implementation Record after implementation of compliant hauler programs.

The City's Municipal Code is in the process of being revised. Language will be included to give the authority for the jurisdiction to issue self-haul exemptions for the collection of organic waste as prescribed in Section 18988.1.
14 CCR Section 18988.4 - Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program 14 CCR Section 18991.1 - Jurisdiction Edible Food Recovery Program 14 CCR Section 18991.2 - Recordkeeping for Jurisdiction Edible Food Recovery Program Continuing Violation #15: The City has not implemented an edible food recovery program to educate commercial edible food generators and therefore cannot keep records of its compliance.

Explanation:

Until education of commercial edible food generators commences as described in Violation #14, the City cannot maintain records of compliance in its implementation record. Appropriate records will be included in the implementation record pending distribution of the required materials.

Education of commercial edible food generators will be delegated to the City's franchise hauler. Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to comply with Section 18991.1
Continuing Violation #14: The City has not implemented an edible food recovery program to educate commercial edible food generators.

Explanation:
14 CCR Section 18993.1 - Recovered Organic Waste Product Procurement Target Explanation:

Continuing Violation # 12b: The City does not have an ordinance allowing generators to self-haul source-separated organic waste. 1/25/22
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Task 1: Draft revised City Municipal Code for Council consideration (began Q4 2021) Started Nov 2021 - complete May 2022 Task 2: Seek City Council approval of ordinance Date to be completed: June 2022 Task 3: Meet with local food recovery organization to retrieve written contracts Start May 2022 Task 4: Include prescribed recordkeeping requirements in Implementation Record Date to be completed: September 2022 Action: Proposed Schedule:

Task 1: Draft Revised Purchasing Policy Start Feb 2022 - complete May 2022 Task 2: Seek City Council approval of EPPP Date to be completed: June 2022 Task 3: Identify and contact City vendors impacted by EPPP to exchange products Start Jul 2022 - Complete December 2022 14 CCR Section 18991.2 - Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program A list of commercial edible food recovery organizations with written contracts will be included in the Implementation Record after the ordinance is finalized. 14 CCR Section 18993.2 - Recordkeeping Requirements for Recovered Organic Waste Procurement Target Explanation:

Per Violation #15, the City will not be purchasing the required organic waste products until June 1, 2023. The City will begin recordkeeping immediately upon implementation of the purchasing programs.

The City will work with the Finance Department and purchasing to update the EPPP to meet mandatory requirements. 14 CCR Section 18993.4 - Recordkeeping Requirements for Recycled Content Paper 14 CCR Section 18993.3 - Recycled Content Paper Procurement Requirements Continuing Violation # 19: The City will need to update its current purchasing policy to align with the recycled content paper procurement requirements Explanation:

Explanation:

Continuing Violation #18: The City has not yet included the list of commercial edible food generators who have written contracts with food recovery organizations in their implementation record.

Continuing Violation # 16: The City has not implemented a program to ensure it will reach its recovered organic waste product procurement target under Title 14, Division 7, Chapter 12.

Explanation:

Continuing Violation # 17: The City does not currently maintain the required records related to recovered organic waste product procurement because the City is not currently procuring the required products.

The City is inquiring how the procurement target can be met through the franchise agreement with the hauler. Once negotiations are complete and the City can determine the remaining procurement products needed to meet the target, staff can begin to research additional avenues for the procurement target to be met. 1/25/22
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to require that the franchisee conduct route reviews. As new services are implemented, the acceptable commodities allowed in each container will change; implementing an inspection program prior to these changes will result in generator confusion and potentially lower participation.

Explanation:

Continuing Violation # 22: The City is not currently maintaining all records required by Title 14, Division 7, Chapter 12 in an implementation record. 14 CCR Section 18995.2 - Implementation Record and Recordkeeping Requirements Continuing Violation # 21b: The City does not have a route review or inspection program to determine overall compliance of all entities described in Section 18995.1(b) through (d).

Explanation:

Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to require that its franchise hauler provide organic waste collection services to generators. Compliance reviews will commence upon implementation of SB 1383-compiant collection and processing services.

Continuing Violation # 21a: City does not have a compliance review program to ensure compliance with Section 18995.1(a)(1)(A) and (B). 14 CCR Section 18995.1 - Jurisdiction Inspection Requirements Continuing Violation # 20: The City does not currently have a centralized record of all City purchases for inclusion in the implementation record.

Explanation:

Information for the recycled paper content procurement will be included in the Implementation Record once the purchasing policy has been updated. 1/25/22
City of Ridgecrest - Notice of Intent to Comply
Action: Proposed Schedule:

Task 1: Draft revised City Municipal Code for Council consideration (began Q4 2021) Started Nov 2021 - complete May 2022 Task 2: Seek City Council approval of ordinance Date to be completed: June 2022 14 CCR Section 18995.4 - Enforcement by a Jurisdiction
Continuing Violation # 23: Ordinance(s) or enforceable mechanism to impose penalties as prescribed in Section 18995.4 have not yet been adopted/implemented.

Explanation:

The City's Code of Ordinances is in the process of being revised to include applicable enforcement mechanisms.

Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City lacks the authority to require that franchisees provide all of the required reporting information. Furthermore, some of the information may not be available until program implementation is completed congruent with the timelines described in this document. 1/25/22
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CITY COUNCIL/SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY/HOUSING AUTHORITY AGENDA ITEM
SUBJECT: Proposed Action To Approve A Resolution Of The Ridgecrest City Council Authorizing Submittal Of Application For CalRecycle Senate Bill No. 1383 (SB 1383) Local Assistance Grant Program
PRESENTED BY: Megan McKenzie, Administrative Analyst
SUMMARY:

The SB 1383 Local Assistance Grant Program is a non-competitive grant program offered by the Department of Resources Recycling and Recovery (CalRecycle) pursuant to Chapter 395, Statues of 2016. The program will provide one-time funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383. The funding will be awarded in two (2) rounds with the first round of funding reserved for applicants who certify that an enforceable ordinance (Title 14, CCR, section 18981.2) will be submitted to CalRecycle by April 1, 2022 and will have an approved Resolution submitted by March 1, 2022. First-round awardees may be eligible to receive additional remaining funds from entities who did not apply.

Timeline to Qualify for First Round Funding:
 Application Due Date: February 1, 2022
[Submitted January, 21, 2022]
 Approved Resolution Due Date: March 1, 2022*
 Grants Awarded by April 1, 2022 (tentative)
 Grant Term Ends April 2, 2024
In order for a jurisdiction to be eligible to receive funding, the governing body must declare by resolution certain authorizations related to the administration of the payment and grant program. The Resolution authorizes the City to submit an application for CalRecycle payment programs and authorizes the City Manager to execute all related documents on behalf of the City for a period of five (5) years.

According to the Notice of Funding Availability page provided by CalRecycle, the City of Ridgecrest is estimated to receive $39,832 of the $59 million allocated for this grant cycle FY 21-22. The City intends to utilize this funding to assist with the design, production and marketing of materials and supplies for education and outreach.

FISCAL IMPACT: None
ACTION REQUESTED: Approve Resolution
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION:

Action as requested
Submitted by: Megan McKenzie Action Date: Feb. 2, 2022
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIDGECREST, CALIFORNIA, AUTHORIZING SUBMITTAL OF

APPLICATION(S) FOR ALL CALRECYCLE GRANT AND PAYMENT

PROGRAMS FOR WHICH THE CITY OF RIDGECREST IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and,
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and, WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest does hereby find as follows:

1. The City is hereby authorized to submit an application to CalRecycle for any and all grant and payment programs offered.

2. The City Manager or his/her designee is hereby authorized and empowered to execute in the name of the City all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project.

3. Authorize the Finance Director to make any necessary adjustments to the FY22 to account for the revenue and expenditures related to this grant.

4. These authorizations are effective from the date of adoption through February 2, 2027 (maximum of five (5) years).

ADOPTED AND APPROVED this 2nd day of February, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Eric A. Bruen, Mayor
ATTEST:

Ricca Charlon, City Clerk
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: A Resolution Approving An Agreement Between The City Of Ridgecrest And The County Of Kern To Provide Fire Protection Services Within The City Of Ridgecrest
PRESENTED BY: Ronald Strand, City Manager
Background
The City of Ridgecrest (City) currently contracts with the County of Kern (County) to provide Fire Protection Services within the City of Ridgecrest through the Kern County Fire Department (KCFD). KCFD has been providing Fire Protections Services to the City since the early 1970’s and is operating under an agreement effective July 1, 2017 through June 30, 2022.

There are two KCFD fire stations located in Ridgecrest with two additional fire stations in the Indian Wells Valley (Randsburg and Inyokern). The Ridgecrest stations are staffed 24/7 each with three personnel – captain, engineer and firefighter. All four stations work together to provide a coordinated fire and emergency medical response within the valley.
• Ridgecrest Station 74 – 139 E. Las Flores Ave.
• Ridgecrest Station 77 – 815 W. Dolphin Ave.
• Inyokern Station 73 – 6919 Monache Mountain Ave.
• Randsburg Station 75 – 26804 Butte Ave.

In FY18/19, the Ridgecrest fire stations handled 2461 calls for service.

Within Ridgecrest 2228 – 90.53%
County area 233 – 9.47%
60% of the calls are medical aid
(The Ridgecrest fire stations must respond to two or more residents at a time almost every day. Without additional local funding to continue fire services, the City will need to close one of the two stations, putting lives at risk almost daily.)
When the City began contracting with KCFD in the 1970’s the County accepted on our Fire Fund property tax increment to fund the fire services (Fire Fund is approximately 9.3% of the 1% property tax collected within the city).

This arrangement was beneficial to both the City and the County at the time. The County received additional funds from the City’s Fire Fund allocation to help fund a fire station they had to staff for county residents and the City benefited by being part of a regional fulltime fire department that provided more services with not having to fund its own fire department at a greater cost.

In the 2003-2004 Kern County Grand Jury Report, it was noted that the contract cities, including Ridgecrest, were underpaying for fires services. Fire personnel costs and the reduction in oil property tax revenues led to the structural deficit of the County Fire Fund, which still exists today. Subsequently, the County met with the contract cities and established a per capita cost methodology to help fund the gap.

Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
In 2007, the City and the County entered into a revised agreement for fire protection services and the City began to make direct payments for the first time to the County to augment the Fire Fund.

Current additional fire service agreement costs for the City – general fund.

FY2017/18 FY2018/19 FY2019/20 FY2020/21 FY2021/22
$252,564 $257,868 $263,283 $268,812 $274,457
New Fire Service Agreement Cost Allocation Methodology:

In 2018, the County hired the Center for Public Safety Management (CPSM) to provide a comprehensive operational and administrative analysis of the Kern County Fire Department (KCFD). As part of its key findings, CPSM recommended that the County move to a 100% cost recovery for municipal fire service contracts with the nine contract cities, including the City. The County also estimated it only received an average of 48% of its actual costs through the contract city agreements based on the per capita cost recovery methodology.

In 2019, the Kern County Administrative Office retained The Natelson Dale Group, Inc. (TNDG) to investigate potential revisions to the County’s methodology for allocating costs to the nine incorporated cities (Arvin, Delano, Maricopa, McFarland, Ridgecrest, Shafter, Taft, Tehachapi and Wasco) that contract with KCFD for fire protection services. The intent of the study was to identify a cost allocation approach that would more fully recover the County’s actual costs of providing fire protection facilities, equipment and services to the contract cities.

In June 2020, TNDG presented to the Kern County Board of Supervisors the analysis of the “New Fire Cost Allocation Methodology for Contract Cities.” TNDG’s new study used fire response call volume (FY2018/19) to determine a cost of service to serve cities. This new methodology proposes an increase in the City’s general fund fire service costs by $1,212,254 or 542% - phased in over a 6-year period of time ($274,457 to $1,486,711). TNDG’s new cost allocation methodology established the City’s base allocation cost at 90.53% and in the county area at 9.47%. The County added a strategic location discount of 15% making the City’s allocation cost for fire service at 75.53% of actual costs for the two Ridgecrest fire stations.

Proposed additional fire service agreement costs for the City – general fund (phased in over 6-years).

Existing FY2022/23 FY2023/24 FY2024/25 FY2025/26 FY2026/27 FY2027/28 $274,457 $415,183 $583,232 $773,795 $987,454 $1,224,783 $1,486,711 (City’s annual Fire Fund property tax revenue is currently $2,118,371) The proposed agreement is similar to the current FY2017/22 agreement in regards to services rendered and staffing levels. The agreement contains an annual 2% increase (previous agreement was 2.1%) and includes a mechanism to account for increases in Fire Fund revenues toward the City’s annual payment.

Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
Consultant Review of New Cost Methodology and Fire Services The contract cities, including Ridgecrest, hired Citygate Associates (Citygate) to review and better understand the County’s proposed new cost allocation methodology and fire services. Citygate specializes in fire service studies.

Some of Citygate’s key findings:

1. The County’s Fire Fund is in structural deficit (not enough revenue to cover expenditures). Additional revenue received from the contract cities based on the new cost allocation methodology will not close the funding gap.

2. There is a demand for fire services both inside and outside of the cities, and the cities and unincorporated areas are completely dependent on each other for the provision of fire services.

3. Because of this interdependency and the relative isolation of each city, no single or combination of data measures is appropriate to establish a fair cost of fire services to the cities. The cost of a fire station service area needs to consider the value proposition of protecting an entire area, not just the populated hub (city).

4. Based on the consumption measures evaluated in this review, along with a factor for shared service interdependence, a 60/40 percent city/County cost share for a single city fire station and a 70/30 percent city/County cost share for a city with two stations is the most appropriate cost share ratio in Citygate’s opinion. This recommendation reduces the city incident quantity ratio based on fire crew use outside the city and reflects the wider shared area risks. Each party in the County system has enough risk and consumption to warrant a cost share formula based on more than just consumption. As stated earlier, no single measure tells the whole story.

5. Cities needing only a one- or two-station fire department cannot afford the headquarters staff and support systems for regulatory fire services oversight and compliance (no cost savings to establish our own fire department).

Discussion:

For several years, the City has been receiving fire protection services from KCFD at a very reasonable cost. Over time, with the reduction in oil revenue and increased personnel costs, the County’s Fire Fund went into a structural deficit.

To address this the County established a new cost allocation methodology to recover full costs for providing fire service to the contract cities. The contract cities offered other alternatives(county-wide fire assessment/fire district) to the County to ease the overall financial impact on the contract cities, but the County declined to pursue.

The $1.2M increase cost for fire protection services is significant and cannot be absorbed in our current budget structure. Even though the increase is phased in over the next 6-years, without additional locally controlled funding, significant reductions in critical services such as police, fire and/or road maintenance will have to be made.

Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
In an effort to provide the City options, the proposed fire service agreement allows for the City to request a decrease in fire services from two stations to one station (Section 5(E)) to reduce costs - subject to approval by the Fire Chief.

Reducing to one fire station would have a significant effect on the fire department’s ability to respond in a timely manner with sufficient personnel to effectively fight fires and to respond to lifesaving medical emergencies within our community. The department could only respond to one incident at a time causing a delayed response to a life threatening incident or fire.

Recommendations:

Staff recommends the City Council to adopt a Resolution approving the agreement between the City of Ridgecrest and the County of Kern to provide fire protection services within the City of Ridgecrest.

Staff further recommends that during the FY23 budget preparation, City Council and staff discuss ways to address the increasing fire service costs.

Exhibit A – Proposed Fire Service Agreement FY23/28
Exhibit B – TNDG Analysis of the New Fire Cost Allocation Methodology for Contract Cities FISCAL IMPACT: General fund increase of $1,212,254 over the next 6 years.

ACTION REQUESTED: Adopt the Resolution.

CITY MANAGER’S RECOMMENDATION: Action as requested.

Submitted by: Strand Action Date: February 2, 2022
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIDGECREST

AUTHORIZING AGREEMENT BETWEEN THE CITY OF RIDGECREST (CITY) AND

THE COUNTY OF KERN (COUNTY) FOR COUNTY OF KERN FIRE PROTECTION

DUTIES AND ENFORCEMENT OF STATE FIRE MARSHAL REGULATIONS WHEREAS, Government Code section 36501 provides that the government of a general law city shall be vested in the officers therein named and includes the designation of a fire chief; and,
WHEREAS, Government Code section 38611 provides that the legislative body of a general law city shall establish a fire department for CITY, and that said fire department shall be under the charge of a chief who shall have had previous training and experience as a firefighter, and that the other members of said fire department shall consist of paid firefighters or such companies of call firefighters as the legislative body may determine; and, WHEREAS, Pursuant to the provisions of Health and Safety Code section 13143, Regulations of the State Fire Marshal have been adopted which are set forth in Chapter 1 of Title 19 of the California Code of Regulations; and,
WHEREAS, Government Code section 51301 authorizes the Board of Supervisors to contract with a city within COUNTY and authorizes CITY legislative body to contract with COUNTY for the performance of city functions by appropriate county officers and employees; and,
WHEREAS, Government Code section 51303 provides in part that: “COUNTY officers and employees named in the contract shall exercise within CITY all of the powers and duties conferred upon CITY officers or employees named in the contract”; and, WHEREAS, CITY Council of CITY desires that the functions of the Chief of the Fire Department of CITY, including enforcement of the regulations of the State Fire Marshal, shall be performed by the Chief of the Fire Department of COUNTY acting as the Fire Chief of CITY; and, WHEREAS, CITY and COUNTY have negotiated this Agreement to replace all previous and amended agreements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest and County of Kern enter into an agreement, whereby the County of Kern will provide the City all fire protection and related duties.

ADOPTED AND APPROVED this 2
nd day of February, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Eric A. Bruen, Mayor
ATTEST:

Ricca Charlon, City Clerk
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CITY AGREEMENT NO.: ___________
COUNTY AGREEMENT NO.: ____________

AGREEMENT BETWEEN THE CITY OF RIDGECREST AND THE COUNTY OF KERN

FOR COUNTY OF KERN FIRE PROTECTION DUTIES
AND

ENFORCEMENT OF STATE FIRE MARSHAL REGULATIONS
(COUNTY OF KERN-CITY OF RIDGECREST)

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THIS AGREEMENT, made and entered into on , by and between COUNTY OF KERN, a political subdivision of the State of California (hereinafter referred to as “COUNTY”) and CITY OF RIDGECREST, a municipal corporation within COUNTY of Kern (hereinafter referred to as “CITY”);
WITNESSETH:

WHEREAS, Government Code section 36501 provides that the government of a general law city shall be vested in the officers therein named and includes the designation of a fire chief; and
WHEREAS, Government Code section 38611 provides that the legislative body of a general law city shall establish a fire department for CITY, and that said fire department shall be under the charge of a chief who shall have had previous training and experience as a firefighter, and that the other members of said fire department shall consist of paid firefighters or such companies of call firefighters as the legislative body may determine; and WHEREAS, Pursuant to the provisions of Health and Safety Code section 13143, Regulations of the State Fire Marshal have been adopted which are set forth in Chapter 1 of Title 19 of the California Code of Regulations; and
WHEREAS, Government Code section 51301 authorizes the Board of Supervisors to contract with a city within COUNTY and authorizes CITY legislative body to contract with COUNTY for the performance of city functions by appropriate county officers and employees; and WHEREAS, Government Code section 51303 provides in part that: “COUNTY officers and employees named in the contract shall exercise within CITY all of the powers and duties conferred upon CITY officers or employees named in the contract”; and WHEREAS, CITY Council of CITY desires that the functions of the Chief of the Fire Department of CITY, including enforcement of the regulations of the State Fire Marshal, shall be performed by the Chief of the Fire Department of COUNTY acting as the Fire Chief of CITY; and WHEREAS, CITY and COUNTY have negotiated this Agreement to replace all previous and amended agreements.

NOW, THEREFORE, IT IS MUTUALLY AGREED by and between COUNTY and CITY as follows:

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1. POWERS AND DUTIES OF COUNTY FIRE CHIEF AND COUNTY FIRE

DEPARTMENT EMPLOYEES
(A) The Chief of the Kern County Fire Department and employees of COUNTY Fire Department shall exercise within CITY all of the powers and duties conferred upon a City Fire Chief of City Fire Department personnel, including reporting to CITY Council and enforcing the “Regulations of the State Fire Marshal.” (B) Fire prevention and suppression, emergency medical responses, rescues, hazardous materials responses, fire cause and arson investigation plus all COUNTY support services including, but not limited to, supervision, dispatching, training, equipment maintenance, supplies, and procurement, collectively referred to as “Services.” Functions within CITY’s boundaries shall be vested in COUNTY Fire Chief and employees of COUNTY Fire Department as may be designated by COUNTY Fire Chief. Such reassignment of resources shall have no effect on CITY’S Annual Fee for services.
(C) In the performance of their duties of prevention, control and suppression of fires, emergency medical responses, rescues, hazardous materials responses and fire investigation functions pursuant to this Agreement, the personnel of COUNTY shall have the powers and duties of the Chief of the Fire Department of CITY and shall perform said services in accordance with professional firefighting standards. In the event of a dispute between the parties as to these duties, functions or manner of performance of these duties and functions, determinations by COUNTY Fire Chief shall be final and conclusive between the parties.
(D) All engine companies assigned to CITY fire station(s) as listed in Section 5 (C) “SERVICE LEVEL” shall carry automatic defibrillators and their personnel shall be certified Emergency Medical Technician-Defibrillator.
(E) COUNTY will participate in and support community emergency preparedness, education, training, and exercises. COUNTY personnel will work with CITY to continue to provide public education programs currently offered by CITY. The scope and specific programs may be modified by COUNTY and CITY after subsequent evaluation. CITY shall retain responsibility for CITY’s internal emergency management and related programs, as well as communication and coordination with COUNTY’s Emergency Operations Center (EOC), when activated.
(F) It is expressly understood that in the performance of the services herein provided for, COUNTY shall be, and is, an independent contractor and is not an agent or employee of CITY. COUNTY has and shall retain the right to exercise full control and supervision of the services and full control over the employment, direction, assignment, compensation and discharge of all persons employed by COUNTY and assisting in the performance of services hereunder. COUNTY shall be solely responsible for all matters relating to the payment of its employees including, but not limited to, compliance with social security, workers’ compensation, withholding, and all regulations governing such matters.

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(G) COUNTY shall provide as necessary, fire inspection services as are provided by COUNTY Fire Department to residents of the unincorporated area of COUNTY of Kern. (H) County Fire Department Personnel shall make a good faith effort to attend a City Council meeting once every month of the calendar year.

2. PLANS REVIEW, INSPECTIONS AND CODE ENFORCMENT FUNCTIONS Solely for the purpose of enforcing or assisting in the enforcement of the regulations of the State Fire Marshal, as provided for in Chapter 1 of Title 19 of the California Code of Regulations, COUNTY will perform the following specific functions on behalf of CITY:
(A) Plan check and approve or disapprove all building, electrical, and plumbing plans for all occupancies covered by Chapter 1 of Title 19 of the California Code of Regulations before a building permit is issued by CITY and construction started. (B) Plan check and approve or disapprove any changes in approved plans on all the above-described occupancies for new construction, alterations to existing buildings, and any changes of occupancy.
(C) Make joint final inspection with building inspection personnel of CITY on all of the above-described occupancies. No certification of lights, gas, or occupancy shall be issued, nor business license granted until joint approval by COUNTY and CITY after joint final inspection.

COUNTY will perform these functions without an increase in the Annual Fee (as describe in Paragraph 7), provided that fees for these services in the amounts established by COUNTY are paid to COUNTY pursuant to Paragraph 10 and provided further that the services do not require that COUNTY increase staffing level set forth in Paragraph 5(c).

3. FIRE HYDRANTS AND WATER SUPPLY
(A) CITY, as its sole and separate obligation, shall continue to provide a system of fire hydrants and water supply for fire prevention and suppression within CITY. CITY shall cooperate with and assist COUNTY in requiring that CITY Water Department or other local water purveyors provide at least minimum water fire flows as required by the California Fire Code and hydrants for fire protection purposes within CITY. (B) COUNTY shall annually inspect all fire hydrants within CITY to ensure that fire hydrants are mechanically operable and capable of delivering water. COUNTY shall notify CITY Water Department or other local water purveyors, in writing, of any maintenance requirements as soon as possible after such inspections and at any other time COUNTY becomes aware of maintenance or repair requirements. COUNTY shall not be liable to pay CITY Water Department or any other water purveyors for hydrant installation, painting to COUNTY specifications, repair, maintenance, or rental fees or any other related costs or expenses.

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4. ROUTING OF EMERGENCY CALLS
(A) The immediate transference of 9-1-1 calls to COUNTY by CITY’s Public Safety Answering Point (PSAP) shall be performed on all fire, rescue, hazardous materials, and emergency medical incidents without cost to COUNTY. CITY shall be responsible for all costs associated with connecting ring down circuits from its PSAP to COUNTY’s circuit.
(B) COUNTY shall provide to CITY annually, and upon request, statistical response information reports for emergency incident activity and response times.

5. SERVICE LEVEL
(A) Nothing in this Agreement precludes the future expansion, closure, consolidation, or relocation of the fire stations referenced herein if such action is mutually beneficial to and agreed upon by both CITY and COUNTY.
(B) Any agreed-upon adjustments in staffing may cause adjustments in the determination of the Annual Fee.
(C) COUNTY will provide to CITY a minimum assigned service level based on daily staffing (24-7) of two (2) Captains, two (2) Engineers and two (2) Firefighters. Fire personnel assigned will be comparably equipped and trained as other similar positions within COUNTY Fire Department. COUNTY will also provide such “backup” or additional service as reasonably necessary in accordance with professional firefighting standards, including, but not limited to those situations where firefighters assigned to the CITY are utilized outside CITY limits on emergencies.
(D) Any request by CITY for increased Service Levels shall be communicated to COUNTY no later than January 1st prior to implementation the following fiscal year, subject to approval by COUNTY and in accordance with Section 12 “POTENTIAL CHANGES IN SERVICE LEVEL” herein.
(E) CITY may request to decrease COUNTY assigned services levels from two (2) COUNTY fire stations to one (1) COUNTY fire station with one hundred eighty (180) day written notice to COUNTY which shall be subject to review and approval by COUNTY’s Fire Chief. Approval of such request shall be granted by COUNTY Fire Chief as long as, in his or her sole discretion, the reduced assigned service level provides adequate staffing and operational resources to ensure the safe operation of the remaining COUNTY fire station and personnel. Any reduction in assigned service levels pursuant to this section shall result in a reduction to the Annual Fee using the same Cost Allocation Methodology contained herein.

6. COST ALLOCATION METHODOLOGY
The Annual Fee in this Agreement is based upon CITY incorporated area boundaries as of the effective date of this Agreement and minimum service level set forth in Section

5. A change in the incorporated area boundaries of the CITY shall be considered a

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potential change in service subject to Section 12 “POTENTIAL CHANGES IN SERVICE LEVEL” herein. The methodology for cost allocation is based on the methodology and phased implementation approved by the Board of Supervisors of the COUNTY on November 10, 2020. This methodology and cost allocation is consistent with that recommended in the Analysis of Cost Allocation for Contract Cities dated June 18, 2020 and prepared by The Natelson Dale Group, Inc. (“TNDG Analysis”) and includes the following:
(A) Direct Costs - Those costs include fire department direct station cost to operate a COUNTY fire station in an incorporated CITY; and include the following:
i. Average cost for station assigned uniformed personnel and pro rata shares of Battalion Chiefs, including salary and all benefits but not including overtime to maintain constant staffing based on fiscal year 2021-2022 costs. ii. Equipment cost allocation of $42,500 per year per station. iii. Actual cost of utilities for fiscal year 2019-2020. iv. Fire station maintenance cost allocation of $10,000 per year per station for stations owned by County.
(B) Indirect Cost - Calculation of a " fair share" administrative/overhead cost factor to account for indirect costs associated with providing fire protection services to participating CITY. For the duration of this Agreement the Indirect Cost rate shall be calculated as 10% of the Direct Costs.
(C) The Direct and Indirect Costs are then added together to identify the “Total Cost”. (D) Each year after the first year of this Agreement, Total Cost are determined as the prior year’s Total Cost plus 2%. This annual adjustment to the Total Cost is provided so that future years’ costs to CITY under this Agreement can be fixed and is provided in lieu of the “true up” calculation recommended in the TNDG Analysis and to keep pace with future cost increases including but not limited to inflation. (E) CITY’s Total Cost - Fire stations in the contract CITY primarily serve their host CITY but also respond to calls in unincorporated areas of COUNTY. Therefore, it is appropriate for the COUNTY to pay for a portion of the costs of these stations. To account for the countywide benefit of CITY contract stations, Total Cost for these stations shall be discounted by a factor that considers the number of incidents that each contract CITY station(s) responds outside of the CITY’s incorporated area. These incidents have been analyzed as part of developing the TNDG Analysis and for the term of this Agreement a discount for COUNTY incidents in the amount of 9.47% of Total Cost shall be utilized to determine “CITY’s Total Cost”.

Additionally, due to the strategic location of the station in Ridgecrest, within the context of the countywide mutual aid system, an additional discount of 15% of Total Cost shall be applied to arrive at CITY’s Total Cost.

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(F) Fire Fund –
i. The amount of Fire Fund property tax revenues collected in fiscal year 2020- 21 within the CITY and retained by the COUNTY Fire Department are then credited against the CITY’s Total Cost to determine the “CITY’s Net Total Cost”.
ii. Each year of this Agreement the actual Fire Fund Property tax revenues collected within the CITY and retained by the COUNTY Fire Department will be compared to the amount of Fire Fund Property tax revenues collected within the CITY and retained by the COUNTY Fire Department in fiscal year 2020-21. If the actual amounts collected for that year are greater than the amounts from 2020-21, the difference will be credited toward the CITY’s Annual Fee in the second quarter of the following year. If the actual amounts collected for that year are less than the amounts from 2020-21, the difference will be added to the CITY’s Annual Fee in the second quarter of the following year.
(G) The new contract methodology being implemented through this Agreement will be phased-in over a six-year period. Each year the difference between the CITY’s Net Total Cost under this Agreement and the CITY’s cost for COUNTY fire services in fiscal year 2021-22 (“Base Year Cost”) is then multiplied by following applicable percentage below and added to the Base Year Cost to determine the amount of the Annual Fee due to COUNTY under this Agreement:

Fiscal Year Phase-In Percentage
2022-23 16.67%
2023-24 33.33%
2024-25 50.00%
2025-26 66.67%
2026-27 83.33%
2027-28 100.00%
(H) Negative CITY’s Net Total Cost – Where the CITY’s Net Total Cost is less than the Fire Fund property tax revenues collected within the CITY, the difference shall be designated as “Excess Fire Funds”. Excess Fire Funds shall be retained by the COUNTY Fire Department and be expended only on fire related operations and capital including, but not limited to, future fire service needs, fire apparatus, major maintenance, or capital facility construction that are of mutual benefit to the CITY and COUNTY as agreed upon by the CITY Manager and the Fire Chief. If Excess Fire Funds are used to replace existing fire apparatus, major maintenance, capital facility construction or repairs, in excess of five thousand dollars ($5,000.00), per item or project, on existing facilities, CITY shall be entitled to a credit of the same amount to future Annual Fee(s) under this agreement or any successor agreement.
(I) All amounts collected by COUNTY from CITY under this Agreement for the Equipment Cost Allocation contained in Section 6(A)(ii) shall be accumulated and utilized by COUNTY for new or replacement Kern County Fire Department vehicles and equipment primarily serving, and housed within, CITY.

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7. COMPENSATION
CITY will compensate COUNTY for the performance of Services under this Agreement as follows:
(A) The Annual Fee owed by CITY to COUNTY for the performance of duties under this Agreement is included as “Exhibit A” to this Agreement. (B) An annual adjustment shall be made in the second quarter of each year of this Agreement based on the actual amount of Fire Fund property tax revenues collected within the CITY and retained by the COUNTY Fire Department, as described in Section 6(F)(ii) of this Agreement.
(C) Any increases in costs necessitated or mandated by legislative or judicial decisions or actions, or by CITY’s request for increases in service level, other than penalties or damages due to negligence of COUNTY, shall be due in the fiscal year that they occur.
(D) Average Salaries and Benefit Costs will be used as the basis for costs to be billed to the CITY for any additional personnel requested by the CITY. (E) COUNTY shall be responsible for all costs and expenses incident to the performance of the services for CITY, including but not limited to, all costs of equipment provided by COUNTY, all fees, fines, licenses, bonds or taxes required of or imposed against COUNTY and all other of COUNTY’S costs of doing business. Except as expressly provided for herein, CITY shall not be responsible for any expense incurred by COUNTY in performing services for the CITY, unless such expenses are incurred due to CITY’s negligence.

8. FIRE FUND RETENTION
In the event CITY annexes additional areas from COUNTY, COUNTY shall continue to receive the Fire Fund revenues associated with those additional areas. Those additional Fire Fund revenues shall not be deducted from the CITY’s TOTAL COSTS until the next contract cycle when COUNTY’S costs and incidents in the annexed area are reviewed and factored into this Agreement as necessary to serve the new incorporated boundaries.

9. BILLING & PAYMENT
(A) In consideration of the covenants contained herein, CITY shall pay to COUNTY the costs specified in Section 6 “COST ALLOCATION METHODOLOGY” and Section 7 “COMPENSATION” herein over the term of the Agreement. The Kern County Fire Department shall, within thirty (30) days of the close of each calendar year quarter, invoice CITY for one fourth of the amount to be paid annually. CITY shall pay COUNTY within forty-five (45) days of receipt of the invoice. Invoices and general notices shall be sent to CITY at:

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City of Ridgecrest
100 W. California Avenue
Ridgecrest, CA 93555
Payments shall be sent to:

Kern County Fire Department
5642 Victor Street
Bakersfield, CA 93308
Either party shall notify the other in writing of an address change. (B) Interest shall be charged to CITY for any amount invoiced by COUNTY for which payment is received by COUNTY after the due date (late payment). The interest rate on any late payment shall be established as the pooled treasury rate as earned by COUNTY, as of the first day payment is late. The period for computing this interest shall commence the day following the payment due date and end the date of receipt of payment by COUNTY. The interest payment shall be computed as follows:

No. of Days Late x pooled treasury rate x $ Amount of = Late Payment Interest Charge 365 Days Payment
(C) In the event that a billing/payment dispute arises between COUNTY and CITY, the parties will negotiate in good faith to resolve the dispute and the following procedures will be taken to resolve the dispute:

1. The dispute will be specified, in writing, and presented to COUNTY jurisdictional Deputy Fire Chief if a CITY dispute, or to CITY MANAGER if a COUNTY dispute, within thirty (30) days of the receipt of a disputed invoice or disputed payment. CITY shall pay any disputed invoice “under protest.”

2. If COUNTY and CITY cannot fully resolve the dispute within ninety (90) days of receipt of written notification of this dispute (impasse), the impasse will be sent to an independent arbitrator for resolution. Said arbitrator shall be selected jointly by CITY and COUNTY within forty-five (45) days of impasse and shall be paid for equally by CITY and COUNTY. If COUNTY and CITY cannot agree on an arbitrator, each party shall, at its own expense, retain an arbitrator within thirty (30) days after the jointly selected arbitrator should have been selected. These two arbitrators will within thirty (30) days mutually select a third arbitrator. The mutually agreed-upon arbitrator will resolve the matter within thirty (30) days after his/her selection. COUNTY and CITY shall share equally the cost of the third arbitrator. The arbitrator’s resolution of the impasse shall be final and binding.

If COUNTY prevails in arbitration, all money owed and not paid to COUNTY will be forwarded to the mailing address identified in Section 9 “BILLING & PAYMENT”, herein, within thirty (30) calendar days from the date of the issuance of the arbitrator’s decision.

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In addition, CITY will be assessed and pay the interest payment amount as calculated for an interest payment in Section 9(B) of this Agreement.

If CITY prevails in arbitration and has paid COUNTY the disputed amount, a refund to CITY will be forwarded to the mailing address identified in Section 9(A), herein, within thirty (30) calendar days from the date of the issuance of the arbitrator’s decision. In addition, COUNTY will pay to CITY the interest as calculated for an interest payment, as identified in Section 9(B) of this Agreement.

10. FEES
All revenues generated from fees established or implemented by COUNTY shall be COUNTY revenues. Fees of any nature collected by CITY on behalf of COUNTY shall be passed through to COUNTY by CITY as COUNTY revenues. CITY shall be authorized to retain a five percent (5%) administrative charge for any fees collected on behalf of COUNTY. Any fees charged and collected by CITY subsequent to the commencement date of service shall remain as revenues of CITY provided that such fees are not identified as fees imposed by COUNTY. COUNTY shall be authorized to retain a five percent (5%) administrative charge for any fees collected by COUNTY on behalf of CITY. Excluding any State, Federal, or judicially mandated Programs or fees, any fees established by COUNTY to be imposed in CITY after the commencement date of service shall require the prior approval of CITY, which shall not be unreasonably withheld. After giving written notice to COUNTY, CITY may at any time choose to pay, in part or whole, any fees levied by COUNTY in lieu of imposition of the fees upon the citizens of CITY.

11. COST RECOVERY
In the event that an incident occurs within CITY while this Agreement is in effect during which COUNTY may be required to deploy a substantial number of COUNTY apparatus and personnel to such incident, COUNTY reserves the right to pursue cost recovery at its sole discretion against the party that caused the incident but not against CITY. In the event CITY pursues cost recovery for COUNTY resources deployed to such an incident, CITY shall promptly pay to COUNTY all such COUNTY costs recovered by CITY less the cost of CITY’S recovery efforts. Costs for COUNTY resources paid for by CITY through this Agreement as detailed in Section 5(C) “SERVICE LEVEL” herein and deployed to such an incident shall not be recoverable by COUNTY from CITY.

12. POTENTIAL CHANGES IN SERVICE LEVEL
If public safety requires an increase in staffing levels during the term of this Agreement, CITY and COUNTY will renegotiate the annual compensation paid to COUNTY.

13. FIRE STATION EXPANSION/CONSTRUCTION
During the term of this Agreement, CITY and COUNTY agree to commence discussions regarding the need for any future expanded fire service throughout CITY based on CITY’s future plans. CITY and COUNTY agree to explore reasonable solutions for

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same, such that the parties formulate a master plan to address future fire protection resource requirements, including any future fire station construction projects or capital equipment acquisitions, and the allocation of costs between CITY and COUNTY.

14. TERM OF AGREEMENT
The term of this Agreement will begin on July 1, 2022 and shall continue in full force and effect until June 30, 2028 unless otherwise terminated.

15. MODIFICATIONS TO AGREEMENT
(A) A review of the Agreement terms may be initiated at any time by either party, upon written notice to the other, and modifications made to this Agreement upon written consent of both parties, which consent shall not be unreasonably withheld or delayed.

The parties agree to negotiate in good faith and deal fairly with respect to performance under this Agreement and to any proposed modifications to this Agreement. (B) This Agreement may be modified only in writing and with the approval of both CITY and COUNTY.

16. TERMINATION
(A) Either party may terminate this Agreement without cause by providing to the other party in writing at least twelve (12) months advance notice of its intent to terminate; and any such notice of termination by COUNTY shall be served upon CITY by delivery of said notice either in person or by registered mail to the CITY Clerk; any such notice of termination shall be served upon COUNTY by delivery of said notice either in person or by registered mail to the Clerk of the Board of Supervisors. (B) In the event this Agreement is terminated, all real property, equipment, fire apparatus, personal property, and supplies, contained in COUNTY fire station(s) shall remain the sole property of COUNTY.
(C) In the event CITY detaches from COUNTY, any unpaid Annual Fee Limitation excess together with any outstanding Annual Fee payments due by CITY as of the effective date of the detachment shall be due and payable to COUNTY no later than the effective date of detachment. Should a credit be due CITY from COUNTY, a refund shall be paid to CITY no later than the effective date of detachment.

17. INDEMNIFICATION
(A) Neither party will be liable to the other party for any damage, liability claim or cause of action for damage to, or destruction of, property or for injury to or death of persons arising solely from any act or omission of the other party’s officers, agents and employees.
(B) CITY will indemnify, hold harmless, and defend (upon the written request of COUNTY) COUNTY, its officers, employees, and agents from any and all loss, damage,

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liability claim or cause of action of every nature whatsoever for the physical damage to or destruction of property, including the property of COUNTY or physical injury to or death of any person, including COUNTY’S officers, employees or agents, which may arise out of any negligent act or omission of CITY, its officers, employees or agents. (C) COUNTY will indemnify, hold harmless and defend (upon the written request of CITY) CITY, its officers, employees, and agents from any and all loss, damage, liability, claim or cause of action of every nature whatsoever for physical injury to or death of any person, including CITY’S officers, employees and agents, which may arise out of any negligent act or omission of COUNTY, its officers, employees or agents. (D) The party against whom any claim arising from this Agreement is filed will give prompt notice of the filing of the claim to the other party.

18. INSURANCE
Both parties represent that they are self-insured for all exposure including bodily injury and property damage. Both parties agree to provide proof of self-insurance upon demand to include coverage above any self-insured retention.

19. WAIVER
No waiver of a breach of any provision of this Agreement will constitute a waiver of any other breach, or of such provision. Failure of CITY or COUNTY to enforce at any time, or from time-to-time, any provision of this Agreement will not be construed as a waiver thereof. The remedies herein reserved will be cumulative and additional to any other remedies in law or equity.

20. PARTIAL INVALIDITY
Should any part, term, portion, or provision of this Agreement be finally decided to be in conflict with any law of the United States, of the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions will be deemed severable and will not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the Agreement which the parties intended to enter into in the first instance.

21. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this Agreement will be of no force or effect excepting a subsequent modification in writing, signed by both parties.

22. COUNTY RECORDS
At any time during normal business hours, upon the request of CITY, COUNTY will make available for examination all of its existing records with respect to matters covered by

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this Agreement for purposes of audit, examination, or to make copies of such records, exclusive of confidential personnel files.

23. NOTICES
All notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice or may be served by certified mail, return receipt requested, to the following addresses:

COUNTY: CITY:

County Fire Chief City Manager, City of Ridgecrest
5642 Victor Street 100 W. California Avenue
Bakersfield, CA 93308 Ridgecrest, CA 93555
IN WITNESS WHEREOF, CITY and COUNTY have caused this Agreement to be executed by their authorized agents.

APPROVED AS TO CONTENT:

By: _________________________ By: ___________________________ Ronald Strand, City Manager Aaron Duncan, Fire Chief
City of Ridgecrest Kern County
APPROVED AS TO FORM:

By: _________________________ By: ___________________________ City Attorney Gurujodha Khalsa, Deputy County Counsel
City of Ridgecrest Kern County
“CITY” “COUNTY”
By: _________________________ By: ___________________________ Eric A. Bruen, Mayor Phillip Peters, Chairman
City of Ridgecrest Kern County Board of Supervisors
Attest:

By: _________________________ By: __________________________ Ricca Charlon, City Clerk Kathleen Krause, Clerk of the Board City of Ridgecrest County of Kern

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Exhibit A
Annual Fee
City
FY
2022/23
FY
2023/24
FY
2024/25
FY
2025/26
FY
2026/27
FY
2027/28
Ridgecrest $415,183 $583,232 $773,795 $987,454 $1,224,783 $1,486,711 This Page Intentionally Left Blank

8 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT:

Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) PRESENTED BY:

L. Scott Hayman, City Council / IWVGA Representative
SUMMARY:

Report and discussion regarding Board meetings of the IWVGA. Including, Board discussion and consideration of issues of importance requiring action by the IWVGA.

FISCAL IMPACT: None
ACTION REQUESTED: Discuss
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: Feb. 2, 2022
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Ridgecrest City CouncilFebruary 2, 2022

Ridgecrest City Council
February 2, 2022