Agenda — Ridgecrest City Council, August 17, 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
August 17, 2022
Closed Session 5:30 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
This Page Intentionally Left Blank
100 W. CALIFORNIA AVE. | RIDGECREST, CA 93555
Phone 760.499.5000 | Fax 760.499.1520
www.ridgecrest-ca.gov

NOTICE AND CALL OF A SPECIAL 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 SPECIAL CLOSED SESSION MEETING of the Ridgecrest City Council/Successor Redevelopment Agency/Housing Authority/Financing Authority is hereby called on:

Wednesday, August 17, 2022 @ 5:30 p.m.

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

Pending Litigation Gov. Code Sec. 54956.9(d)(4) - one case Dated: August 11, 2022
Eric A. Bruen, Mayor / Chair
ATTEST:

Ricca Charlon, City Clerk
This Page Intentionally Left Blank

RIDGECREST CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY

HOUSING AUTHORITY

Page 1 of 3 ends

AGENDA
Wednesday, August 17, 2022 Closed Session – 5:30 p.m.

Regular Session – 6:00 p.m.

CALL TO ORDER

ROLL CALL

APPROVAL OF AGENDA

PUBLIC COMMENT ON CLOSED SESSION

CLOSED SESSION
Pending Litigation Gov. Code Sec. 54956.9(d)(4) - one case

REGULAR SESSION
 Pledge Of Allegiance
 Invocation

ATTORNEY REPORT OUT OF CLOSED SESSION

PRESENTATIONS

1. Police Department Update MCLAUGHLIN
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/DIRECTION
CONSENT CALENDAR – All Matters Listed Under The Consent Calendar Are To Be Considered Routine And Enacted By One Motion Unless Pulled By A Council Member Or A Member Of The Public.

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

3. A Resolution Approving The Project List For Fiscal Year 2022-2023 For The California State Of Good Repair (SGR) Program For The Following Project: Electric Transit Van Replacement SMITH

4. Resolution Authorizing Submission Of The Fiscal Year 2020-2021 Transportation Development Act (TDA) Article 4 Claim To The Kern Council Of Governments FREESE

AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – August 17, 2022

Page 2 of 3 ends

5. Resolution Authorizing Submission Of The Fiscal Year 2021-2022 Transportation Development Act (TDA) Article 4 Claim To The Kern Council Of Governments FREESE

DISCUSSION / ACTION ITEMS

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

7. A Resolution Of The Ridgecrest City Council Approving A Community Development Activity Agreement (CD#17.21.1) With The County Of Kern For Funding For Leroy Jackson Sports Complex Improvements To The Lower Softball Fields In The Amount Of $107,111, And Accepting The Terms Of The Receipt Of (CDBG) Funds And Authorizing The City Manager To Sign The Agreement WEGENER

ORDINANCES

8. Introduction And First Reading, An Ordinance Amending Chapter 102 Of The City Of Ridgecrest Municipal Code By Setting Forth An Expedited, Streamlined Permitting Process For Electric Vehicle Charging Stations As Required By Government Code Section 65850.7 REED COMMITTEE REPORTS**Committee Meeting dates are subject to change and will be announced on the City website
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 8/4/2022
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 8/9/2022
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 8/10/2022 - CANCELED
Ridgecrest Area Convention and Visitors Bureau (RACVB)
Members: Solomon Rajaratnam and Megan McKenzie (staff)
Meeting: 3rd Wednesday of the Month, 9:00 a.m.

Location: Kerr McGee Center Meeting Rooms
 Report from 8/17/2022

AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – August 17, 2022

Page 3 of 3 ends

OTHER COMMITTEES, BOARDS, OR COMMISSIONS

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

MAYOR AND COUNCIL COMMENTS

ADJOURNMENT
This Page Intentionally Left Blank
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
This Page Intentionally Left Blank
1 This Page Intentionally Left Blank
2 This Page Intentionally Left Blank
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 August 3, 2022
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:

Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting Dated August 3, 2022 FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: Aug 17, 2022
This Page Intentionally Left Blank

RIDGECREST CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY

HOUSING AUTHORITY

Page 1 of 2 ends

DRAFT MINUTES
Wednesday, August 3, 2022 Regular Session – 6:00 p.m.

CALL TO ORDER – 6:00 p.m.

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

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

APPROVAL OF AGENDA
 Blades – 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. Ayes, Noes, Absents, Abstentions follow.

PRESENTATIONS

1. Ridgecrest Fire Study CITYGATE ASSOCIATES
Public comments – C. Rouland Sr., T. Wiknich, S. Wilson, R. Porter PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA – C. Rouland Sr., MaryElla, T.

Wiknich, S. Miller, M. Neel, R. Porter

COUNCIL ANNOUNCEMENTS
Aug 18th - Ice Cream w/Council 3p-6p in Freedom Park

CONSENT CALENDAR

2. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated July 20, 2022 CHARLON
 Blades – Rajaratnam 5 Ayes

DISCUSSION / ACTION ITEMS

3. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) HAYMAN
Public comments – S. Miller

4. A Resolution Of The Ridgecrest City Council To Appropriate A Portion Of The American Rescue Plan Act Funds – KMCC Partitions And Flooring RESO 22-54 WEGENER  Blades –Hayman 5 Ayes with amendments as presented
Public comments – K. Brown

DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – August 3, 2022

Page 2 of 2 ends

5. Resolution Of The City Council Of The City Of Ridgecrest Establishing Additional Fees For Encroachment Permits RESO 22-55 REED
 Blades – Rajaratnan - 5 Ayes as amended to say fee will be effective immediately 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: 4
th Thursday each month at 5:00 p.m.

Location: City Hall Council Chambers
 Report from July 28, 2022 - CANCELED

OTHER COMMITTEES, BOARDS, OR COMMISSIONS

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

MAYOR AND COUNCIL COMMENTS
ADJOURNMENT – 8:57 p.m.
3 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: A Resolution Approving The Project List For Fiscal Year 2022-2023 For The California State Of Good Repair (SGR) Program For The Following Project: Electric Transit Van Replacement
PRESENTED BY: Christopher Smith, Transit Services Coordinator SUMMARY:

The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 (Chapter 5, Statues of 2017), signed by the Governor on April 28, 2017, includes a program that provides additional revenues for transit infrastructure repair and service improvements. This investment in public transit will be referred to as the State of Good Repair Program.

The Transit Division has and estimated allocation of Twenty Four Thousand and Eighteen dollars ($24,018) for the State of Good Repair Program.

It is the recommendation of staff that these funds be used in conjunction with future Low Carbon Transit Operations Program (LCTOP) funds to replace one or more current 29-foot, gasoline-powered cutaway buses with battery electric transit vans. The smaller sized vehicle is more suited to meet current service demands and is in line with state requirements that transit services begin transitioning to zero emission vehicles beginning in 2026 and being fully transitioned by 2040. Vehicles purchased prior to the 2026 milestone will be counted towards required zero emission purchasing ratios. Additionally, staff seeks to use the battery electric vehicle transition in conjunction with the solar power project at the City’s Corpyard to reduce Transit Division expenditures and by extension lower funds needed to supplement required farebox recovery ratios.

FISCAL IMPACT:

Provides $24,018 in state funding for capital projects within the Transit Division.

ACTION REQUESTED:

Approve a Resolution Approving The Project List For Fiscal Year 2022-2023 For The California State Of Good Repair (SGR) Program for the following project: Electric Transit Van Replacement
CITY MANAGER’S RECOMMENDATION:

Submitted by: Christopher Smith, Transit Services Coordinator Action Date: August 17, 2022 This Page Intentionally Left Blank
City of Ridgecrest
RESOLUTION 22-XX
APPROVING THE PROJECT LIST FOR FY 2022-2023 FOR
THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM:

ELECTRIC TRANSIT VAN PURCHASE
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, established the State of Good Repair (SGR) program to fund eligible transit maintenance, rehabilitation and capital project activities that maintain the public transit system in a state of good repair; and
WHEREAS, SGR funds are allocated by the Kern Council of Governments; and WHEREAS, the City of Ridgecrest‘s share of SGR funds for fiscal year 2022-23 is estimated to be $24,018; and
WHEREAS, these SGR funds will be used in the future for purchase of an electric transit van; and
WHEREAS, in order to qualify for these funds, the City of Ridgecrest is required to submit a proposed project list to California Department of Transportation (Caltrans) on an annual basis; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:

1. Approves the aforementioned project as the SB1 State of Good Repair Project List for FY 2022-2023; and

2. Agrees to comply with all conditions and requirements set forth in the Certification and Assurances document and applicable statutes, regulations and guidelines for all SGR.

3. Authorizes the Transit Services Coordinator to submit a request for Scheduled Allocation of the State of Good Repair funds and to execute the related grant applications, forms and agreements.

ADOPTED, AND APPROVED, this 17th day of August 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
Eric A. Bruen, Mayor
ATTEST:
__________________________________
Ricca Charlon, City Clerk
This Page Intentionally Left Blank
4 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: Resolution Authorizing Submission Of The Fiscal Year 2020-2021 Transportation Development Act (TDA) Article 4 Claim To The Kern Council Of Governments PRESENTED BY: Cheri Freese, Finance Director
SUMMARY:

The Transportation Development Act is a statewide program that added a quarter cent sales tax for the purpose of funding transit needs within local jurisdictions throughout the state.

Those funds are distributed to regional transportation planning agencies (RTPA) who is responsible for the allocation and distribution of the said funds to the local transit systems.

Pursuant to California Government Code Section 29532, the Kern Council of Governments (Kern COG) is the designated regional transportation planning agency for purposes of administering the Act within the Kern County region. TDA allows that a certain portion of those funds be retained by the RTPA for administration purposes, and a certain amount may be retained for pedestrian and bicycle transportation improvements. The balance of the funds are available to the local transit systems, with the provision under Article 4 of that Act that if there is money left over after the needs of the local transit systems have been met and unmet transit needs have been addressed, the remaining funds shall be distributed to the City and County for road maintenance purposes under an established formula.

The approval of this item will allow the Finance Director to submit the attached claim to the Kern COG.

FISCAL IMPACT:
$331,934 in revenue will be received by the City of Ridgecrest to fund road maintenance.

ACTION REQUESTED:

Approve the attached resolution.

CITY MANAGER’S RECOMMENDATION:

Action as requested
Submitted by: Cheri Freese, Finance Director Action Date: August 17, 2022 This Page Intentionally Left Blank
RESOLUTION NO. 22-xx

A RESOLUTION OF THE RIDGECREST CITY COUNCIL
AUTHORIZING SUBMISSION OF THE FISCAL YEAR 2020-
2021 TRANSPORTATION DEVELOPMENT ACT CLAIMS

TO THE KERN COUNCIL OF GOVERNMENTS
WHEREAS, the State of California enacted the Transportation Development Act (TDA) in 1972 to provide funds for transportation needs each fiscal year; and,
WHEREAS, the Kern Council of Governments (KernCOG) is designated as the Transportation Planning Agency for the City of Ridgecrest to receive claims for approval pursuant to TDA rules and regulations; and,
WHEREAS, KernCOG has adopted funding of apportionment for the Local Transportation Funds for Fiscal Year 2020-2021; and,
WHEREAS, after transportation needs have been met, any unused funds may be used for streets and roads improvements.

NOW, THEREFORE, BE IT RESOLVED that the attached Fiscal Year 2020-2021 TDA Article 4 claim be hereby approved and that the Finance Director is hereby authorized to forward the claims to KernCOG.

APPROVED AND ADOPTED this 17th day of August 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Eric A. Bruen, Mayor
ATTEST:
_______________________________
Ricca Charlon, City Clerk
This Page Intentionally Left Blank
I. Claimant
Agency: City of Ridgecrest
Mailing Address: 100 West Califonia Avenue
Office Address: Same as above
City/State/Zip: Ridgecrest, CA 93555
Telephone: 1-760-499-5022
WEB Site: http://www.Ridgecrest-ca.gov
II. Contact Person
Name: Cheri Freese
Title: Finance Director
Department: Finance Department
Office Address: Same as above
City/State/Zip: Same as above
Telephone: 1-760-499-5021
E-mail: [email protected]
Kern Council of Governments

TRANSPORTATION DEVELOPMENT ACT
STREETS AND ROADS CLAIM (FY 2020-2021)
Part 1 of 6 - CLAIMANT INFORMATION
A. CLAIM: The City of Ridgecrest hereby claims all Local Transportation Fund City of Ridgecrest
et seq. and California Administrative Code Section 6600, et seq., as amended, it shall ensure that:

City of Ridgecrest
Claimant
Signature Date
City Manager
Title
City of Ridgecrest
State of California.

Signature Date
Finance Director/City Treasurer
Title
These assurances are given in consideration of and for the purpose of obtaining any and all funds allocated C. FINANCIAL ASSURANCES: As the chief financial officer of the I hereby attest to the reasonableness and accuracy of the financial information presented in this claim and declare it to be consistent with the uniform system of accounts and records adopted by the Controller of the for streets and roads purposes pursuant to Public Utilities Code, Division 10, Part 11, Chapter 4 of the State of California.

The person whose signature appears below has been authorized to provide the assurances cited above and prepare, submit and execute this claim on behalf of:

1. All funds will be expended in compliance with the requirements of Public Utilities Code Sections 99200 through 99408, California Administrative Code Sections 6600 through 6684, Office of the State Controller "Guidelines Relating to Gas Tax Expenditures" and Kern Council of Governments' Transportation Development

2. All funds will be expended in accordance with the budgets described in Parts 4 and 5 of this claim, Act Rules and Regulations.
attached hereto and made a part hereof, by this reference. hereby certifies that, as a condition of receiving funds pursuant to Public Utilities Code Section 99200, City of Ridgecrest

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
B. COMPLIANCE ASSURANCES: The
Part 2 of 6 - Claim and Assurances
For Fiscal Year 2020-2021
apportionments and allocations for the 2020-2021 fiscal year plus all unencumbered fund balances and/or deferred revenues held in its local treasury less funds first allocated for transit uses.

Amount
$ -
$ -
$ 67
$ 67
K. TOTAL FY 2019-2020 EXPENDITURES (Lines F+G+H+I+J) $ - $ 67
D. Fund Balance - Actual fund balances or reserves held in claimant's treasury as of June 30, 2018 (from prior year audit report) L. AVAILABLE RESOURCES AT JUNE 30, 2019-enter here and Part 4, Line A (Line E-K)
F. Administration and Engineering
G. Maintenance
H. Construction
I. Equipment
A. Deferred Revenues - Actual unexpended prior year TDA cash receipts held in claimant's treasury as of June 30, 2019 (from prior year audit report) B. Prior Year Cash Receipts from trust funds - TDA cash receipts through June 30, 2019.

1. Local Transportation Fund
J. Other
C. Prior Year Interest Earned - interest earnings on claimant cash balances through June 30, 2019.

E. TOTAL FY 2019-2020 AVAILABLE RESOURCES (Lines A+B1+C+D) II. FY 2019-2020 Expenditures
City of Ridgecrest

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 3 of 6 - FY 2019-2020 Revenues and Expenditures
Account/Description
I. Prior Year Available Resources
Amount
$ 67
$ 1,187,757
$ 1,201,413
$ 37,157
$ -
$ 1,238,637
$ -
$ (140,830)
$ 37,157
$ 1,342,310
$ 332,001
$ 332,001
FY 2020-2021 NET CLAIM AMOUNT (Line M - Line A) $ 331,934 O. DEFERRED REVENUES OR FUND BALANCE AT JUNE 30, 2020
(Line G-M-N1)
For Fiscal Year 2020-2021

1. Local Transportation Fund

2. Regional Planning Contribution
balances through June 30, 2020.

C. FY 2020-2021 Trust Fund Apportionments - (from Kern COG estimate) D. FY 2020-2021 Interest Earned - estimated interest earnings on claimant cash B. Trust Fund Balances at June 30, 2020

1. Local Transportation Fund
E. TOTAL ESTIMATED FY 2020-2021 AVAILABLE RESOURCES
(Line A+B1+C1+C2+D)
City of Ridgecrest

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 4 of 6 - Object Budget
Account/Description
I. Prior Year Available Resources
A. Available Resources - estimated unexpended prior year TDA cash receipts held in claimant's treasury as of June 30, 2019 (from Part 3, Line L) II. FY 2020-2021 Planning & Transit Allocations
F. Local Transportation Fund
G. NET ESTIMATED PRIOR YEAR AVAILABLE RESOURCES (Line E-F1-F2) III. FY 2020-2021 Estimated Expenditures

1. Public Transit (from transit claim)

2. Regional Planning Contribution (from Fund Estimate, Schedule B) N. Capital Outlay Reserve Allocations

1. Local Transportation Fund
L. Other
M. TOTAL FY 2020-2021ESTIMATED EXPENDITURES-Itemize in Part 5 (Line H+I+J+K+L)
H. Administration and Engineering
I. Maintenance
J. Construction
K. Equipment
Location/Description Type Expenditures
Administration & Engineering
Street Maintenance & Repair $ 332,001
Backhoe
Dumptruck
Project Contingency - Misc. Federal Projects.
$ 332,001
City of Ridgecrest
TOTAL FY 2020-2021 PROJECT EXPENDITURES (Equal to Part 4, Line M) For Fiscal Year 2020-2021

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 5 of 6 - Project Budget
City of Ridgecrest

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 6 of 6 - Supplemental Information
For Fiscal Year 2020-2021
Attach the following documentation:

1. A copy of the proof of publication for the public notice regarding conduct of a hearing for the purpose of receiving public testimony regarding transit needs within the claimant's service area.

2. A copy of the governing body's resolution or minute order which makes one of the following findings:
a. There are no unmet transit needs.
b. There are no unmet transit needs that are reasonable to meet. c. There are unmet transit needs, including needs that are reasonable to meet.

3. A copy of the governing body's authorization to execute and file this claim.

Kern Council of Governments
Transportation Development Act -- "Schedule A"

L TF STAF FUND ESTIMATE AND APPORTIONMENT FACTORS
FY 2020/21
Revised: February 24, 2020
Prospective POPULATION POPULATION LT.F. S.T.A.F. S.T.A.F. S.T.A.F. TOTAL Claimant BASIS RATIO POPULATION POPULATION REVENUE REVENUE REVENUE \PPORTIONMENl 01/01/19 APPORTIONMENT APPORTIONMENT BASIS RATIO APPORTIONMENT ARVIN 22,178 2.42% $ 896,773.59 $ 192,259.21 83,020 0.97% $ 5,499.00 $ 1,094,531 .80 BAKERSFIELD (1) 389,211 42.47% $ 14,950,962.21 $ 3,374,037.28 0 0.00% $ $18,324,999.49 CALIFORNIA CITY 15,000 1.64% $ 606,529.17 $ 130,033.73 20,871 0.24% $ 1,383.00 $ 737,945.90 DELANO 53,936 5.89% $ 2,180,917.15 $ 467,566.63 147,093 1.72% $ 9,743.00 $ 2,658,226.78 GOLDEN EMPIRE TRANS (1) N/A 0.00% $ $ 6,407,925 74.83% $ 424,450.00 $ 424,450,00 MARICOPA 1,240 0.14% $ 50,139.74 $ 10,749.46 0 0.00% $ $ 60,889.20 MCFARLAND 15,242 1.66% $ 616,314.51 $ 132,131.61 15,037 0.18% $ 998.00 $ 749,444.12 RIDGECREST 29,712 3.24% $ 1,201,412.98 $ 257,570.82 208,177 2.43% $ 13,790,00 $ 1,472, 773,80 SHAFTER 20,886 2.28% $ 844,531 .21 $ 181,058.97 58,829 0.69% $ 3,896.00 $ 1,029,486.18 TAFT 9,430 1.03% $ 381,304.67 $ 81,747.87 426,961 4.99% $ 28,281.00 $ 491,333.54 TEHACHAPI 13,668 1.49% $ 552,669.38 $ 118,486.74 28,664 0.33% $ 1,899.00 $ 673,055.12 WASCO 27,955 3.05% $ 1,130,368.19 $ 242,339.53 29,374 0.34% $ 1,946.00 $ 1,374,653.73 KERN CO.-IN (1) 111,766 12.20% $ 4,293,324.81 $ 968,890.01 0 0.00% $ $ 5,262,214.82 KERN CO,-OUT 206,240 22.50% $ 8,339,371 .72 $ 1,787,877.14 1,137,877 13.29% $ 75,371.00 $10,202,619.86 METRO-BAKERSFIELD CTSA N/A N/A $ 1,012,857.21 $ 0 0.00% $ $ 1,012,857.21 TOTALS 916,464 100.00% $ 37,057,476.55 $ 7,944,749.00 8,563,828 100.00% $ 567,256.00 $45,569,481.55 PROOF 916,464 100.00% $ 37,057,476.55 $ 7,944, 749,00 8,563,828 100.00% $ 567,256.00 $45,569,481.55 KERN COG ADMINISTRATION N/A 1.00% $ 393,770.19 $ N/A $ $ 393,770.19 KERN PEDESTRIAN/BIKEWA~ N/A 2.00% $ 779,664.98 $ N/A $ $ 779,664.98 KERN COG PLANNING (2) N/A 3.00% $ 1,146,107.52 $ N/A $ $ 1,146,107.52 ESTIMATED TOTAL N/A $ 39,377,019.25 $ N/A $ $47,889,024.25 $ 39,377,019.25
NOTES:
(1) THE GOLDEN EMPIRE TRANSIT DISTRICT RETAINS CLAIMANT PRIORITY TO THE CITY OF BAKERSFIELD AND KERN-IN FUNDS.

THE CITY OF BAKERSFIELD AND COUNTY OF KERN SHALL FUND 77.69% AND 22.31 % OF GET'S CLAIM, RESPECTIVELY. (2) PURSUANT TO P.U.C. SECTION 99262, CLAIMANTS MAY DESIGNATE FUNDING FOR CONTRIBUTIONS TO THE REGIONAL PLANNING PROCESS.

SEE SCHEDULE "B" FOR THE DISTRIBUTION OF THIS AMOUNT BY AREA OF APPORTIONMENT.

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

STAFF REPORT
SUBJECT: Resolution Authorizing Submission Of The Fiscal Year 2021-2022 Transportation Development Act (TDA) Article 4 Claim To The Kern Council Of Governments PRESENTED BY: Cheri Freese, Finance Director
SUMMARY:

The Transportation Development Act is a statewide program that added a quarter cent sales tax for the purpose of funding transit needs within local jurisdictions throughout the state.

Those funds are distributed to regional transportation planning agencies (RTPA) who is responsible for the allocation and distribution of the said funds to the local transit systems.

The approval of this item will allow the Finance Director to submit the attached claim to the Kern COG.

FISCAL IMPACT:
$331,867 in revenue will be received by the City of Ridgecrest to fund road maintenance.

ACTION REQUESTED:

Approve the attached resolution.

CITY MANAGER’S RECOMMENDATION:

Action as requested
Submitted by: Cheri Freese, Finance Director Action Date: August 17, 2022 This Page Intentionally Left Blank
RESOLUTION NO. 22-xx

A RESOLUTION OF THE RIDGECREST CITY COUNCIL
AUTHORIZING SUBMISSION OF THE FISCAL YEAR 2021-
2022 TRANSPORTATION DEVELOPMENT ACT CLAIMS

TO THE KERN COUNCIL OF GOVERNMENTS
WHEREAS, the State of California enacted the Transportation Development Act (TDA) in 1972 to provide funds for transportation needs each fiscal year; and,
WHEREAS, the Kern Council of Governments (KernCOG) is designated as the Transportation Planning Agency for the City of Ridgecrest to receive claims for approval pursuant to TDA rules and regulations; and,
WHEREAS, KernCOG has adopted funding of apportionment for the Local Transportation Funds for Fiscal Year 2021-2022; and,
WHEREAS, after transportation needs have been met, any unused funds may be used for streets and roads improvements.

NOW, THEREFORE, BE IT RESOLVED that the attached Fiscal Year 2021-2022 TDA Article 4 claim be hereby approved and that the Finance Director is hereby authorized to forward the claims to KernCOG.

APPROVED AND ADOPTED this 17th day of August 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

TRANSPORTATION DEVELOPMENT ACT
STREETS AND ROADS CLAIM (FY 2021-2022)
Part 1 of 6 - CLAIMANT INFORMATION
A. CLAIM: The City of Ridgecrest hereby claims all Local Transportation Fund City of Ridgecrest
et seq. and California Administrative Code Section 6600, et seq., as amended, it shall ensure that:

City of Ridgecrest
Claimant
Signature Date
City Manager
Title
City of Ridgecrest
State of California.

Signature Date
Finance Director/City Treasurer
Title
hereby certifies that, as a condition of receiving funds pursuant to Public Utilities Code Section 99200, City of Ridgecrest

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
B. COMPLIANCE ASSURANCES: The
Part 2 of 6 - Claim and Assurances
For Fiscal Year 2021-2022
apportionments and allocations for the 2021-2022 fiscal year plus all unencumbered fund balances and/or deferred revenues held in its local treasury less funds first allocated for transit uses.

2. All funds will be expended in accordance with the budgets described in Parts 4 and 5 of this claim, Act Rules and Regulations.
attached hereto and made a part hereof, by this reference.

These assurances are given in consideration of and for the purpose of obtaining any and all funds allocated C. FINANCIAL ASSURANCES: As the chief financial officer of the I hereby attest to the reasonableness and accuracy of the financial information presented in this claim and declare it to be consistent with the uniform system of accounts and records adopted by the Controller of the for streets and roads purposes pursuant to Public Utilities Code, Division 10, Part 11, Chapter 4 of the State of California.

The person whose signature appears below has been authorized to provide the assurances cited above and prepare, submit and execute this claim on behalf of:

Amount
$ -
$ -
$ -
$ 67
$ 67
K. TOTAL FY 2020-2021 EXPENDITURES (Lines F+G+H+I+J) $ - $ 67
City of Ridgecrest

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 3 of 6 - FY 2020-2021 Revenues and Expenditures
Account/Description
I. Prior Year Available Resources
A. Deferred Revenues - Actual unexpended prior year TDA cash receipts held in claimant's treasury as of June 30, 2020 (from prior year audit report) B. Prior Year Cash Receipts from trust funds - TDA cash receipts through June 30, 2020.

1. Local Transportation Fund
J. Other
C. Prior Year Interest Earned - interest earnings on claimant cash balances through June 30, 2020.

E. TOTAL FY 2020-2021 AVAILABLE RESOURCES (Lines A+B1+C+D) II. FY 2020-2021 Expenditures
D. Fund Balance - Actual fund balances or reserves held in claimant's treasury as of June 30, 2020 (from prior year audit report) L. AVAILABLE RESOURCES AT JUNE 30, 2020-enter here and Part 4, Line A (Line E-K)
F. Administration and Engineering
G. Maintenance
H. Construction
I. Equipment
Amount
$ 67
$ 2,545,491
$ 1,162,626
$ 35,958
$ 100
$ 1,198,751
$ -
$ 867,339
$ 35,958
$ 295,454
$ 331,934
$ 331,934
FY 2021-2022 NET CLAIM AMOUNT (Line M - Line A) $ 331,867 N. Capital Outlay Reserve Allocations

1. Local Transportation Fund
L. Other
M. TOTAL FY 2021-2022ESTIMATED EXPENDITURES-Itemize in Part 5 (Line H+I+J+K+L)
H. Administration and Engineering
I. Maintenance
J. Construction
K. Equipment
II. FY 2021-2022 Planning & Transit Allocations
F. Local Transportation Fund
G. NET ESTIMATED PRIOR YEAR AVAILABLE RESOURCES (Line E-F1-F2) III. FY 2021-2022 Estimated Expenditures

1. Public Transit (from transit claim)

2. Regional Planning Contribution (from Fund Estimate, Schedule B) E. TOTAL ESTIMATED FY 2021-2022 AVAILABLE RESOURCES
(Line A+B1+C1+C2+D)
City of Ridgecrest

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 4 of 6 - Object Budget
Account/Description
I. Prior Year Available Resources
A. Available Resources - estimated unexpended prior year TDA cash receipts held in claimant's treasury as of June 30, 2020 (from Part 3, Line L) O. DEFERRED REVENUES OR FUND BALANCE AT JUNE 30, 2021
(Line G-M-N1)
For Fiscal Year 2021-2022

1. Local Transportation Fund

2. Regional Planning Contribution
balances through June 30, 2021.

C. FY 2021-2022 Trust Fund Apportionments - (from Kern COG estimate) D. FY 2021-2022 Interest Earned - estimated interest earnings on claimant cash B. Trust Fund Balances at June 30, 2021

1. Local Transportation Fund
Location/Description Type Expenditures
Administration & Engineering
Street Maintenance & Repair $ 331,934
Backhoe
Dumptruck
Project Contingency - Misc. Federal Projects.
$ 331,934
City of Ridgecrest
TOTAL FY 2021-2022 PROJECT EXPENDITURES (Equal to Part 4, Line M) For Fiscal Year 2021-2022

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 5 of 6 - Project Budget
City of Ridgecrest

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 6 of 6 - Supplemental Information
For Fiscal Year 2021-2022
Attach the following documentation:

1. A copy of the proof of publication for the public notice regarding conduct of a hearing for the purpose of receiving public testimony regarding transit needs within the claimant's service area.

3. A copy of the governing body's authorization to execute and file this claim.

Kern Council of Governments
Transportation Development Act -- "Schedule A"

LTF STAF FUND ESTIMATE AND APPORTIONMENT FACTORS
FY 2019/20
Revised: February 27, 2019
Prospective POPULATION POPULATION L.T.F. S.T.A.F. S.T.A.F. S.T.A.F. TOTAL Claimant BASIS RATIO POPULATION POPULATION REVENUE REVENUE REVENUE APPORTIONMENT 01/01/18 APPORTIONMENT APPORTIONMENT BASIS RATIO APPORTIONMENT ARVIN 21,696 2.40% $875,176.30 $210,514.68 54,160 0.70% $3,903.00 $1,089,593.98 BAKERSFIELD (1) 386,839 42.71% $14,824,147.62 $3,753,470.16 0 0.00% $0.00 $18,577,617.78 CALIFORNIA CITY 14,875 1.64% $600,029.84 $144,331.02 22,791 0.30% $1,642.00 $746,002.86 DELANO 53,276 5.88% $2,149,054.77 $516,933.08 171,562 2.23% $12,360.00 $2,678,347.85 GOLDEN EMPIRE TRANS (1) N/A 0.00% $0.00 $0.00 5,216,607 67.78% $375,840.00 $375,840.00 MARICOPA 1,156 0.13% $46,630.89 $11,216.58 0 0.00% $0.00 $57,847.47 MCFARLAND 15,105 1.67% $609,307.61 $146,562.70 16,480 0.21% $1,189.00 $757,059.31 RIDGECREST 28,822 3.18% $1,162,625.88 $279,657.73 372,125 4.83% $26,810.00 $1,469,093.61 SHAFTER 19,271 2.13% $777,356.30 $186,985.09 57,040 0.74% $4,110.00 $968,451.39 TAFT 9,482 1.05% $382,486.25 $92,003.14 354,385 4.60% $25,532.00 $500,021.39 TEHACHAPI 12,299 1.36% $496,118.79 $119,336.29 23,960 0.31% $1,726.00 $617,181.08 WASCO 27,691 3.06% $1,117,003.45 $268,683.72 141,482 1.84% $10,193.00 $1,395,880.17 KERN CO.-IN (1) 111,150 12.27% $4,259,405.10 $1,078,480.22 0 0.00% $0.00 $5,337,885.31 KERN CO.-OUT 204,139 22.54% $8,234,587.65 $1,980,745.59 1,265,929 16.45% $91,206.00 $10,306,539.25 METRO-BAKERSFIELD CTSA N/A N/A $1,004,397.51 $0.00 0 0.00% $0.00 $1,004,397.51 PROOF N/A $36,538,327.96 $8,788,920.00 7,696,521 $554,511.00 $45,881,758.96 TOTALS 905,801 100.00% $36,538,327.96 $8,788,920.00 7,696,521 100.00% $554,511.00 $45,881,758.96 KERN COG ADMINISTRATION N/A 1.00% $388,253.76 $0.00 N/A $0.00 $388,253.76 KERN PEDESTRIAN/BIKEWAY N/A 2.00% $768,742.44 $0.00 N/A $0.00 $768,742.44 KERN COG PLANNING (2) N/A 3.00% $1,130,051.38 $0.00 N/A $0.00 $1,130,051.38 ESTIMATED TOTAL N/A $38,825,375.53 $0.00 N/A $0.00 $48,168,806.53 $38,825,375.53
N O T E S:
(1) THE GOLDEN EMPIRE TRANSIT DISTRICT RETAINS CLAIMANT PRIORITY TO THE CITY OF BAKERSFIELD AND KERN-IN FUNDS.

THE CITY OF BAKERSFIELD AND COUNTY OF KERN SHALL FUND 77.68% AND 22.32% OF GET'S CLAIM, RESPECTIVELY. (2) PURSUANT TO P.U.C. SECTION 99262, CLAIMANTS MAY DESIGNATE FUNDING FOR CONTRIBUTIONS TO THE REGIONAL PLANNING PROCESS.

SEE SCHEDULE "B" FOR THE DISTRIBUTION OF THIS AMOUNT BY AREA OF APPORTIONMENT.

This Page Intentionally Left Blank
6 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: Aug 17, 2022
This Page Intentionally Left Blank
7 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
Subject: A Resolution Of The Ridgecrest City Council Approving A Community Development Activity Agreement (CD#17.21.1) With The County Of Kern For Funding For Leroy Jackson Sports Complex Improvements To The Lower Softball Fields In The Amount Of $107,111, And Accepting The Terms Of The Receipt Of (CDBG) Funds And Authorizing The City Manager To Sign The Agreement
PRESENTED BY:

Nerissa Wegener, Parks and Recreation Director
Ricca Charlon, City Clerk
SUMMARY:

The City of Ridgecrest is proposing to make improvements to the Leroy Jackson sports Complex softball fields using the Community Development Block Grant (CDBG) funds administered by the Kern County Resource Management Agency (RMA). Funding for the FY21/22 fiscal year for this project is $107,111. The City has been working with the Kern County Planning and Natural Resources Department for the application process for the grant.

A public hearing was held during the regularly scheduled City Council meeting held January 20, 2021 to discuss potential uses of the CDBG funds. At the conclusion of the hearing, the City Council approved the use of funds to fence the two lower softball fields at Leroy Jackson Sports Complex.

Fencing the fields will better define outfields for better play and will protect the fields from over use so they can be closed for maintenance and reseeding during the off-season.

The Board of Supervisors held a public hearing on 06/29/21 and approved the project idea, thus creating CD Project No. 17.21.1.

County Counsel has provided the attached agreement for the project. The City Attorney has reviewed the agreement.

Staff requests approval of the attached resolution approving the project agreement and authorizing the City Manager to sign.

FISCAL IMPACT:

ACTION REQUESTED: Approve Resolution
CITY MANAGER’S RECOMMENDATION:

Submitted by: Nerissa Wegener Action Date: August. 17, 2022 This Page Intentionally Left Blank
RESOLUTION NO. 22-Xx

A RESOLUTION OF THE RIDGECREST CITY COUNCIL APPROVING A COMMUNITY DEVELOPMENT ACTIVITY AGREEMENT (CD#17.21.1) WITH THE

COUNTY OF KERN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE LEROY JACKSON SPORTS COMPLEX

IMPROVEMENTS, AND ACCEPTING THE TERMS OF THE RECEIPT OF CDBG

FUNDS AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT WHEREAS, the City of Ridgecrest has received notification of a CDBG funding allocation in the amount of $107,111.00; and,
WHEREAS, the City of Ridgecrest is proposing to make improvements to the Leroy Jackson Sports complex softball fields using Community Development Block Grant funds (CDBG).

WHEREAS, the project consists of installation of fencing around the two lower softball fields at the Leroy Jackson Sports Complex; and,
WHEREAS, the City Council of the City of Ridgecrest held a Public Hearing on 1/20/21 and approved use of the $107,111.00 to provide improvements to the Leroy Jackson sports complex; and,
WHEREAS, the Kern County Board of Supervisors, at its regular meeting of 06/29/21, approved the proposed use of the CDBG allocation funding and authorized an agreement to be drawn up for the activity; and,
WHEREAS, staff recommends that the City enter into the Community Development Block Grant Agreement CD#17.21.1 with the County of Kern for the receipt of Community Development Block Grant funds related to the Leroy Jackson Project Sports Complex Improvements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ridgecrest the following:

1. Approves the Community Development Block Grant Agreement Activity CD#17.21.1; and,

2. Authorizes the acceptance of the term of the receipt of the Community Development Block Grant Funds; and,

3. Authorizes the City Manager to execute the agreement.

APPROVED AND ADOPTED this 17th day of August, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Eric A. Bruen, Mayor
ATTEST:

Ricca Charlon, City Clerk
This Page Intentionally Left Blank

Page 1 of 28 ends

AGREEMENT

COMMUNITY DEVELOPMENT PROJECT
CITY OF RIDGECREST – LEROY JACKSON PARK BALLFIELD IMPROVEMENTS

PROJECT
CD#17.21.1
(County – City of Ridgecrest)
THIS AGREEMENT (“Agreement”) is made and entered into as of ______________________,, ("Execution Date") by and between the COUNTY OF KERN, a political subdivision of the State of California ("COUNTY"), and CITY OF RIDGECREST within the County of Kern ("CITY"),
RECITALS:
(a) The Congress of the United States has enacted Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.), ("Act"), which provides for Community Development Block Grants for eligible activities; (b) COUNTY has submitted the required documents to the Department of Housing and Urban Development ("HUD") for receipt of a Community Development Block Grant, Catalogue of Federal Domestic Assistance ("CFDA") Number 14.218, ("Grant") pursuant to the Act;
(c) COUNTY and CITY entered into a Community Development Block Grant Cooperative Agreement on July 14, 2020, wherein the parties thereto agreed to undertake activities eligible for Grant assistance within the corporate limits of CITY; (d) COUNTY is empowered under the Act to administer Grant funds pursuant to the Act, and to enter into project/activity agreements with cities which have executed Community Development Block Grant Cooperative Agreements with COUNTY for Community Development projects/activities;
(e) CITY has requested the use of Grant funds for the design and installation of fencing related improvements at existing softball field within Leroy Jackson Park; and (f) COUNTY desires to assist CITY by providing the funds for the purchase of materials for installation of new fencing of a softball field within Leroy Jackson Park.

AGREEMENT:

1. Definitions
a. Except to the extent modified or supplemented by the Grant Agreement between COUNTY and HUD dated September 14, 2021, ("HUD Grant to COUNTY") any term defined in Title I of the Act, or the HUD Community Development Block Grant regulations at 24 CFR Part 570 shall have the same meaning when used herein.

Page 2 of 28 ends

b. "Program" means COUNTY's Community Development Program, including the administration thereof, with respect to the terms of the HUD Grant to COUNTY. c. "Project" means the all activities related to the design and installation of identified softball field fencing at Leroy Jackson Park, all as more fully described in Schedule "A", attached hereto and incorporated herein by this reference as if set forth in full. d. "Activity" means the design, purchase and installation of softball field fencing for Leroy Jackson Park, all as more fully described in Schedule "A", attached hereto. e. "Program Income" shall have, with respect to the Project/Activity undertaken pursuant to this Agreement, the same meaning as the definition found in the HUD Community Development Block Grant regulations at 24 CFR part 570.500(a)(1), as amended, at 24 CFR part 570.504, and as defined in HUD Training Bulletin CPD-90-1, dated April 1990, entitled “Program Income”.
f. "Change in Use Restriction Period" means that period which starts upon filing of the Notice of Completion, in the case of construction work, or upon the close of escrow if Grant funding is solely for the acquisition of property, and ends five (5) years after HUD ceases to consider the CITY to be part of the COUNTY's entitlement jurisdiction.

CITY may cease to be part of COUNTY's entitlement jurisdiction by:

Expiration of, or CITY's failure to renew, the CITY/COUNTY Cooperative Agreement dated July 14, 2020; or
HUD's order to cancel the CITY/COUNTY Cooperative Agreement dated July 14, 2020 (this date will change for FY2009 and later projects); or
COUNTY ceasing to be a Grant entitlement jurisdiction; or The federal government's termination of the Grant program. g. "Expiration of Agreement" means the date of expiration of the Change in Use Restriction Period or the date of resolution of all monitoring findings as determined solely by COUNTY, whichever occurs last.
h. "Subgrantee" and "Subrecipient" as these terms are used in any of the attached exhibits, means CITY.
i. Whenever duties or obligations are performed jointly by CITY and COUNTY, CITY and COUNTY will be referred to as "PARTIES".

2. Maximum Amount Payable Under Agreement and Mode of Payment a. COUNTY shall reimburse CITY, or its designee(s), through progress payments for Project/Activity costs incurred pursuant to this Agreement upon CITY making satisfactory progress, as determined solely by COUNTY, towards the completion of the Project/Activity

Page 3 of 28 ends

detailed in the attached Schedule "A"; provided, however, that the total amount made available by COUNTY through this Agreement and payable to CITY, or its designee(s), shall not exceed ONE HUNDRED SEVEN THOUSAND ONE HUNDRED AND ELEVEN DOLLARS ($107,111). Unless PARTIES otherwise expressly agree in writing, CITY agrees to accept sole financial responsibility for all costs related to this Project/Activity in excess of the ONE HUNDRED SEVEN THOUSAND ONE HUNDRED AND ELEVEN DOLLARS ($107,111) made available by COUNTY pursuant to this Agreement. b. COUNTY’s duty to pay CITY is expressly contingent on COUNTY’s receipt and continued use of Grant funds from the federal government allocated for this Project/Activity.

In the event such funds are not received by COUNTY, or are reallocated by HUD after receipt and prior to completion of the Grant funded Project/Activity, this Agreement shall be immediately terminated or suspended as of the date the Grant funds are or become unavailable, and COUNTY shall have no further obligation to CITY under this Agreement until such time, if ever, that Grant funds are approved by HUD and allocated for the Project/Activity which is the subject of this Agreement. CITY agrees to indemnify and hold COUNTY harmless pursuant to the indemnification provisions of this Agreement from any costs, liabilities, losses, damages or expenses incurred as a result of termination of the Agreement due to unavailability of the Grant funds for this Project/Activity. c. Payments shall be made to CITY, or its designee(s), upon CITY’s submittal to COUNTY of a monthly certified claim executed by a properly designated official of CITY indicating the percentage of the Project/Activity that has been completed. Said certified claims shall be itemized and properly documented to clearly show the items, tasks or services for which reimbursement is being claimed and the basis for cost computation whether by cost per hour, cost per weight, cost per task or other measurement as agreed by and between PARTIES, as more fully described in the attached Schedule "A". d. After receipt and approval by COUNTY of a monthly certified claim for construction, COUNTY shall make a payment to CITY, or its designee(s), in the amount of ninety-five percent (95%) of COUNTY's pro rata portion of the project construction costs. The balance of the cumulative five percent (5%) retention from each claim shall be paid to CITY thirty-five (35) days after CITY files a Notice of Completion and after COUNTY has verified CITY's satisfactory compliance with Paragraphs 5 and 6 of this Agreement. The foregoing five percent (5%) retention is subject to the project construction contractor's right to substitute securities as explained in the document entitled "Withheld Contract Funds Certification", attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth in full.

The party entering into the construction contract with the prime contractor shall ensure compliance with the requirements set forth in the attached Exhibit "A". CITY agrees that COUNTY is hereby empowered to make an independent determination of the percentage of the Project/Activity which has been satisfactorily completed and any such determination by COUNTY is conclusive. There will be no retention on monthly claims for architectural or design services.

3. CITY's Obligations
In addition to CITY’s obligations as set forth in other sections of this Agreement, CITY agrees to perform the following specific duties:

Page 4 of 28 ends

a. CITY shall be responsible for implementation of this Project/Activity.

Implementation shall include preparation of specification documents and plans if necessary; solicitation and hiring of contractors; construction engineering and inspection; contract administration; and HUD compliance monitoring services. CITY will provide COUNTY with all plans and specifications, including changes requested during construction, for COUNTY review and approval prior to their use.
b. CITY agrees that COUNTY may terminate, suspend and/or reduce the amount of Grant funding provided for in this Agreement if all work performed by CITY is not completed satisfactorily and within the budgetary limits and time schedule milestones provided for in this Agreement. The length of any suspension or the amount of the reduction of Grant funding shall be at COUNTY’s sole option and will be principally based on compliance with Project/Activity specifications and plans, and on timely initiation of CITY’s design and/or construction obligations under this Agreement. COUNTY agrees that delays in completion of the work subject to this Agreement may result for reasons outside the control of CITY, and agrees that COUNTY will extend the time for completion of the work for unavoidable delays for a reasonable period, as determined solely by COUNTY. However COUNTY shall not be obligated to pay or to otherwise reimburse CITY for work performed subject to this Agreement if Grant funding for the Project/Activity is revoked or suspended by HUD due in part or whole to the delay in the completion of the work contemplated by this Agreement.
c. CITY shall be responsible for complying with all applicable local, state, and federal regulations, including, but not limited to, the monitoring of construction for compliance with the federal labor standards contract requirements set forth in the "Preconstruction Checklist for Contractors" attached hereto as Exhibit "B" and incorporated herein by this reference as if set forth in full. If CITY hires a consultant to provide compliance monitoring required to ensure to the satisfaction of HUD and COUNTY, that all applicable regulations are met during the implementation of this Project/Activity, CITY shall monitor the consultant’s compliance efforts and shall remain responsible to COUNTY for providing compliance monitoring records in a form acceptable to COUNTY. CITY agrees to become familiar with the applicable statutes, regulations and guidelines governing the Grant program. All applicable statutes, regulations, guidelines, codes, rules and executive orders referred to in this Agreement are as from time to time amended.
d. CITY or any contractors hired by CITY to perform work on the Project/Activity shall obtain any and all permits necessary to implement this Project/Activity from appropriate state, COUNTY and/or CITY agencies.
e. CITY (in collaboration with COUNTY) shall conduct a pre-bid and a preconstruction conference for the purposes stated within the document, "Material Covered at Preconstruction Conference" (Exhibit "C"), attached hereto and incorporated herein by this reference as if set forth in full.
f. CITY shall accept title to and be responsible for the maintenance and/or operation of the fencing related improvements installed at the proposed softball field located within Leroy Jackson Park, according to the terms of this Agreement and all applicable local, federal and state laws and regulations.

Page 5 of 28 ends

g. CITY shall be responsible for the control and safety of CITY officers, employees, agents, and invitees during the implementation of this Project/Activity. CITY shall take all actions necessary to ensure the safety of its employees and invitees during the implementation of the project and during the subsequent maintenance and/or operation of the fencing related improvements installed at the proposed softball field located within Leroy Jackson Park funded pursuant to this Agreement.
h. CITY shall cooperate fully with COUNTY in undertaking, monitoring and completing this Project/Activity.
i. CITY shall remain fully obligated under the provisions of this Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Project/Activity to be completed under this Agreement. j. Subsequent to bid opening, if the Director of COUNTY Planning and Natural Resources Department determines that funds budgeted herein are insufficient to satisfactorily accomplish or complete the work referenced in this Agreement, CITY will have thirty (30) calendar days from the date of such determination to obtain additional funding beyond COUNTY's maximum financial obligation or satisfactorily reduce the scope of the work, as provided for herein. If CITY does not obtain the necessary additional funding, or a reduction of scope is not successful in satisfactorily lowering overall Project/Activity costs, PARTIES hereby agree to mutually terminate this Agreement according to the requirements and standards of 2 CFR part 200.339, "Termination". In the event of termination, the work contemplated herein shall be abandoned and COUNTY shall incur no liability whatsoever to CITY for expenses incurred after termination of this Agreement or for costs related to any subsequent completion of the work contemplated by this Agreement. k. CITY shall, as part of its contract administration responsibility, publish in a newspaper of general circulation, in trade journal publications and in minority oriented publications, a notice soliciting small, and (as applicable) Section 3 business participation in this Grant funded Project/Activity. Prior to submitting a notice to a newspaper for publication, CITY shall obtain approval from COUNTY concerning the content of these required newspaper notices.
l. CITY shall be responsible, during the Change in Use Restriction Period, for the continued use (for the purpose described herein) of the fencing related improvements installed at the proposed softball field located within Leroy Jackson Park funded pursuant to this Agreement and shall comply with federal property management regulations and standards in accordance with 24 CFR part 570.505 "Use of Real Property" (applicable to expenditure of Grant funds in excess of TWENTY FIVE THOUSAND DOLLARS [$25,000.00]); 24 CFR part 570.501, "Responsibility for Grant Administration"; and with 24 CFR part 570.503(b)(7), "Reversion of Assets".
m. In the event that CITY cannot or fails to utilize the subject improvements for the purpose described herein throughout the Change in Use Restriction Period, CITY shall immediately notify COUNTY regarding CITY's proposed new use of the subject improvements. COUNTY shall review the Grant eligibility and national objective compliance of the proposed new use of the subject improvements prior to CITY and COUNTY performing any of the following steps listed in this section. COUNTY will communicate in writing to CITY

Page 6 of 28 ends

its determination in this matter. After COUNTY has made its determination, and if directed by COUNTY, CITY shall conduct a public hearing to provide affected citizens an opportunity to comment on CITY's proposed new use of the subject improvements. After these steps have been completed, COUNTY, at its option, may require that CITY comply with one of the following:
(1) Reimburse COUNTY in an amount equal to the Grant funds expended for this Project/Activity or its "proportionate share" of the current "Fair Market Value" (as defined by the California Code of Civil Procedure, Part 3, Title 7, Chapter 9, Article 4, Section 1263. 320) of all real property and/or improvements for which Grant assistance was provided pursuant to this Agreement, whichever is more. "Proportionate share" is that amount equivalent to COUNTY's percentage contribution toward the total acquisition, design, construction or other cost(s) of the Project/Activity, as described in Schedule "A" of this Agreement, or
(2) Offer the improvements for which Grant funds were expended pursuant to this Agreement for sale at "Fair Market Value" and, subsequent to sale, reimburse COUNTY for its "proportionate share" of the sales price.

PARTIES shall first use good faith efforts in an attempt to agree on the "Fair Market Value". If, however, PARTIES are unable to agree, they shall, within thirty (30) days from and after written request given by either party to the other, select an arbitrator mutually acceptable to both PARTIES. The arbitrator shall render an advisory decision as to the "Fair Market Value" of the real property and/or improvements referenced in this Agreement. The arbitrator’s decision in this matter shall be nonbinding and advisory only; provided, however, that PARTIES shall, in good faith, give serious consideration to the arbitrator’s decision.

If PARTIES are unable to agree with a single arbitrator within the above-referenced thirty (30) days, then each shall, within twenty (20) additional working days, appoint one (1) arbitrator and the two (2) arbitrators shall select a third arbitrator within ten (10) additional working days after both are selected. Any decision as to the "Fair Market Value" determined and jointly agreed upon by any two (2) of the three (3) arbitrators shall be nonbinding and advisory only; provided, however, that PARTIES shall each give good faith and serious consideration to the arbitrators’ decision.

All arbitrators shall be real estate appraisers who have at least ten (10) years experience in appraising real estate in the State of California and must be either a member of the American Institute of Real Estate Appraisers, holding an M.A.I. (Member of Appraisal Institute) designation, or a member of the Society of Real Estate Appraisers, holding an S.R.P.A. (Senior Real Property Appraiser), or an S.R.E.A. (Society of Real Estate Analysts) designation. PARTIES shall each pay half of the fees and necessary expenses for the arbitrators.

In no event shall the amount reimbursed to COUNTY be less than COUNTY's total contribution toward the Project/Activity. The Change in Use Restriction, as stated herein, shall be in effect for that period defined in Paragraph 1.f. of this Agreement.

4. COUNTY's Obligations

Page 7 of 28 ends

a. Any regulation enacted by COUNTY to facilitate the administration of the Grant will be made available to CITY by County’s Board of Supervisors or its designee. b. COUNTY shall make available to CITY, at its written request, copies of the terms of the Grant.
c. COUNTY shall cooperate fully with CITY in undertaking this Project/Activity and process CITY invoices for payment under this Agreement with due diligence. d. COUNTY shall make available to CITY a copy of the notice which CITY may use in soliciting small and Section 3 business participation in the Grant funded work contemplated by this Agreement, if required.
e. COUNTY shall review plans and specifications submitted by CITY and shall provide comments and approval or disapproval.

5. Laws and Regulations
a. CITY agrees to comply with the provisions of the Act, any amendments thereto, the federal regulations and guidelines now or hereafter enacted pursuant to the Act, terms of the Grant to COUNTY now or hereafter in effect, and the regulations now or hereafter enacted by COUNTY to facilitate its administration of the Grant in Kern County, or any other statute, regulation or guideline applicable to the Program. CITY shall become familiar with the applicable statutes, regulations and guidelines governing the Grant program, each of which is made a part hereof and incorporated herein by this reference as if set forth in full. b. It is agreed that all provisions of State of California law applicable to public contracts (except to the extent California law may be waived and is waived by the PARTIES) are a part of this Agreement to the same extent as if set forth herein in full and shall be complied with by CITY under this Agreement and any related agreements.

6. Records and Administration
a. In the event CITY expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal financial assistance in any single fiscal year, from all sources combined, it shall arrange at its own expense for performance of a "Single Audit" of its entire operation by an independent auditor. Such audit shall comply with the requirements and standards of OMB Circular A-133, "Audits of States, Local Governments and Non-Profit Organizations", including appendices; Pub. L. 98-502, "Single Audit Act of 1984", as amended; 2 CFR part 200.425, "Audit Services"; and OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments"; all of which are incorporated herein by this reference as if set forth in full.

The results of the audit must be submitted to COUNTY within thirty (30) days of completion. Acceptance of CITY's audit reports by COUNTY does not prohibit COUNTY from performing any additional audit work required to follow up on findings, as deemed necessary by COUNTY, or as necessary for COUNTY to comply with any administrative or audit requirements imposed by the federal or state government.

Page 8 of 28 ends

b. As a condition of receiving federal financial assistance under this Agreement, CITY agrees to comply with 2 CFR part 200.336, "Access to Records". It is further agreed by CITY that any agreement between CITY and its independent auditor shall provide for access during normal business hours to the independent auditor's work papers by federal, state and COUNTY auditors, or their authorized agents, as may be deemed necessary to carry out their audit responsibilities. The audit agreement must also require CITY's independent auditor to retain for review purposes said audit work papers for a minimum of five (5) years from date of audit completion or until all related audit issues are resolved, whichever should occur later. c. CITY agrees to maintain a financial management system which complies with 2 CFR part 200.302, "Financial Management", except paragraph (a). Particular reports and records that may be applicable to this Project/Activity and require compliance by CITY are described in and attached hereto as Exhibit "D", and are incorporated herein by this reference as if set forth in full.
d. CITY agrees to comply with the methods and procedures for payment as outlined in 2 CFR part 200.305, "Federal Payment", except as modified by 24 CFR part 570.513, "Lump Sum Drawdown for Financing of Property Rehabilitation Activities". e. CITY agrees to comply with the standards and requirements of 2 CFR part 200.314, "Supplies", and 2 CFR part 200.313, "Equipment", with the exception that in all cases in which the equipment is sold, the proceeds shall be considered to be Program Income and be immediately refundable to COUNTY.
f. CITY agrees to comply with the requirements and standards of 2 CFR part 200.213, "Reporting a Determination that a non-Federal Entity is not Qualified for a Federal Award", except paragraph (a), and 2 CFR part 200.420, "Consideration for Selected Items of Cost".
g. CITY agrees to comply with the standards and requirements of 2 CFR part 200.214, "Suspension and Debarment", and 2 CFR part 200.328, "Financial Reporting", except paragraphs (b) through (d) and paragraph (f) thereof. CITY further agrees that COUNTY has the right to monitor and supervise the administration and/or implementation of the Project/Activity to be completed pursuant to this Agreement to help ensure compliance with the requirements of the Act as now or hereinafter amended, the federal regulations as now or hereafter promulgated pursuant to the Act, or guidelines developed by the federal government for administering and/or implementing the Project/Activity, or any other statute, rule, regulation or guideline applicable to the administration and/or implementation of the Grant program.
h. CITY agrees to comply with the standards and requirements of 2 CFR part 200.339, "Remedies for Noncompliance", and 2 CFR part 200.340, "Termination". CITY also agrees that COUNTY can, by unilateral action, terminate this Agreement, with cause, by giving ten (10) days prior written notice to CITY. In the event COUNTY determines that an intentionally false or fraudulent certified claim has or is being filed, COUNTY, in its sole discretion, may immediately terminate this Agreement and/or CITY shall reimburse COUNTY for any and all funds found to be improperly paid, as well as those reasonable costs associated with the investigation and recovery of the contested claims and/or amounts.

Page 9 of 28 ends

i. CITY shall be accountable to COUNTY for any and all Grant funds expended by CITY or any officer, employee, agent or representative thereof, whether or not such officer, employee, agent or representative thereof was acting within the scope of his employment.

CITY shall repay COUNTY the full amount of any improperly expended Grant funds upon demand and shall comply with the requirements of 2 CFR part 200.344, "Closeout".

COUNTY may retain any funds of CITY in COUNTY's possession as an offset against the debt resulting from such improper expenditure.
j. CITY agrees to comply with the standards and requirements of 2 CFR part 200.345, "Post-closeout Adjustments and Continuing Responsibilities". k. CITY shall return to COUNTY, within thirty (30) days at the end of the program year in June, all Program Income which is directly generated by Grant funded activities during the Change in Use Restriction Period.
l. At COUNTY’s sole option, COUNTY may either terminate this Agreement upon three (3) days written notice to CITY or withhold funds from the Project/Activity if CITY is not complying with provisions of the Act, federal regulations thereunder, terms of the Grant from the federal government to COUNTY, the regulations of COUNTY to facilitate the administration of the Grant, the terms of this Agreement, or any other statute or regulation applicable to the Program or administration thereof as determined solely by COUNTY.

Should COUNTY become subject to any claims, causes of action, costs or sanctions due to any failure by CITY or CITY's agent to comply with all applicable federal, state, and local laws and regulations, CITY hereby agrees to be solely liable for any such expenses, costs, damages and sanctions and shall fully reimburse, hold harmless, and indemnify COUNTY for any payments made or funding lost by COUNTY and COUNTY's expenses related thereto, including COUNTY's costs.

7. Use Restriction Monitoring
Beginning approximately one year after the date of the filing of the Notice of Completion and resolution of all monitoring findings, COUNTY may conduct on-site monitoring of real property purchased and/or improvements constructed with Grant funds pursuant to this Agreement for compliance with the change in use restriction during the period defined in Paragraph 1.f. herein. The purpose of the monitoring visit is to ensure that the Grant funded real property and/or improvements continue to be utilized for their original eligible use or for another Grant use approved by COUNTY in accordance with applicable regulations found at 24 CFR part 570.201.

The Monitoring Letter shall consist of a written description of the physical condition of the improvements; any maintenance performed on the improvements during the past twelve (12) months; and any proposed changes in the future use of the improvements. Said Monitoring Letter shall be signed by the City Manager/Administrator or his/her designee.

CITY shall submit the Monitoring Letter to COUNTY by no later than June 30 of each year.

COUNTY may elect to conduct a visual inspection of the improvements and shall notify CITY at least two (2) weeks in advance of each monitoring visit.

Page 10 of 28 ends

A determination regarding continued compliance and/or any related findings, conditions or sanctions shall be made and communicated in writing to CITY by COUNTY following review of the annual monitoring letter or each monitoring visit.

8. Use of Debarred, Suspended or Ineligible Contractors or Subrecipients Assistance provided under this Agreement shall not be used directly or indirectly to employ, award contracts, or otherwise engage the services of, or fund any contract or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 2 CFR part 180.

9. Political Activity
CITY agrees that no Grant funds shall be expended to finance any political activity in contravention of the Hatch Act of 1939, as amended, 5 U.S.C. 15 et seq.

10. Prohibited Use of Federal Funds for Lobbying
CITY certifies, to the best of its knowledge and belief, that no federally appropriated funds have been paid or will be paid, by or on behalf of CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

If any funds, other than federally appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, CITY shall complete and submit, in accordance with its instructions, Standard Form-LLL, "Disclosure of Lobbying Activities", attached hereto as Exhibit "E" and incorporated herein as if set forth in full.

CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under any federal grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

11. Use of Grant Funds for Religious Purpose
CITY agrees that no Grant funds shall be expended for the design, construction, operation, or maintenance of any facility used for inherently religious activities.

12. Prohibited Interest of Officials and Employees
No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to

Page 11 of 28 ends

arise from the same. No member, officer or employee of CITY, or its designees or agents, no member of the Board of Supervisors of COUNTY or any other public official who exercises any functions or responsibilities with respect to the Program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement. CITY shall incorporate or cause to be incorporated, in all contracts or subcontracts, relating in any manner to this Agreement, a provision prohibiting such interest.

The PARTIES to this Agreement have read and are aware of the provisions of section 1090 et seq. and section 87100 et seq. of the Government Code relating to conflict of interest of public officers and employees. All PARTIES hereto agree that they are unaware of any financial or economic interest of any public officer or employee of COUNTY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, COUNTY may immediately terminate this Agreement by giving written notice thereof. CITY shall comply with the requirements of Government Code, section 87100 et seq., during the term of this Agreement.

13. Federal Labor Standards and State Labor Code Provisions Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, CITY and all contractors engaged under contracts for the construction, alteration, and/or repair of any building or work financed in whole or in part with federal funds provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the U. S. Department of Labor under 29 CFR parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve CITY of its obligation to require payment of higher rates. Further, if the requirements of HUD and of the State of California are different in regards to matters including, but not limited to, hours of labor, payroll records, apprentices, workers’ compensation, and suits to recover penalties and forfeitures, CITY shall comply with the more restrictive provision.

CITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, the "Federal Labor Standards Provisions" clause, or any modification thereof, set out in Exhibit "F" attached hereto and incorporated herein by this reference as if set out in full. CITY shall comply with the procedures set out in HUD Handbook 1344.1, "Federal Labor Standards Compliance in Housing and Community Development Programs", as amended, which is incorporated herein by this reference as if set forth in full.

CITY shall also cause or require to be inserted in full, in all contracts subject to State Labor Code regulations, the "State of California Labor Code Requirements" clause, or any modification thereof, set out in Exhibit "G" attached hereto and incorporated herein by this reference as if set out in full.

No awards of contracts covered under this section of this Agreement shall be made to any contractor who is ineligible under the provisions of any applicable regulations of the U. S.

Department of Labor and/or the State of California Department of Industrial Relations – Division of Labor Standards Enforcement to receive an award of such contract.

Page 12 of 28 ends

14. Nondiscrimination Requirements
CITY is subject to all applicable requirements of the following Acts, promulgations and regulations with respect thereto:
a. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and the regulations issued pursuant thereto (24 CFR part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this assurance. Where the federal financial assistance is to provide or is in the form of personal property or real property interest therein or structures thereon, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, via the instrument effecting any disposition by the applicant or transferee, in the case of a subsequent transfer, of such real property, structures or improvements thereon, or interests therein, to require a covenant running with the land assuring nondiscrimination for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the applicant retains ownership or possession of the property, whichever is longer. Under this assurance the United States shall have the right to seek its judicial enforcement. CITY is required to take all measures necessary to effectuate this Title in the manner set forth in Section 1.5 of the above-mentioned regulation, a copy of which is attached hereto as Exhibit "H" and incorporated herein by this reference as if set forth in full. b. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284) as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and requiring action to affirmatively further fair housing in the sale, lease or rental of housing, the financing of housing, and the provision of brokerage services within COUNTY's jurisdiction.
c. Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR part 570.602), which provide that no person in the United States shall on the grounds of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Title I funds. d. Executive Order 11063, as amended, and the regulations issued pursuant thereto (24 CFR part 107) which require that all action necessary and appropriate be taken to prevent discrimination because of race, color, religion (creed), sex, or national origin in the sale, rental, leasing or other disposition of residential property and related facilities or in the use or occupancy thereof where such property or facilities are owned or operated by the federal government, or provided with federal assistance by HUD, and in the lending practices with respect to residential property and related facilities of lending institutions insofar as such practices relate to loans insured, guaranteed or purchased by HUD.

15. Equal Employment Opportunity

Page 13 of 28 ends

During the implementation of this Project/Activity and during subsequent operation of any facility assisted pursuant to this Agreement, CITY shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

CITY shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and the selection for training, including apprenticeship. CITY shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by COUNTY and/or HUD setting forth the provisions of this nondiscrimination clause. CITY shall state, through such nondiscrimination clause, that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

Government contracts. Except as otherwise provided for in Parts II, III and IV of Executive Order 11246, dated September 24, 1965, as amended, and in attendant Code of Federal Regulation provisions, CITY shall require to be included in each U. S. Government contract entered into by CITY and modification thereof if not included in the original contract, the "Equal Opportunity" clause contained in Section 202 of Executive Order 11246 (48 CFR part 52.222 - 26), as amended, and set out in Exhibit "I", attached hereto and incorporated herein by this reference as if set forth in full.

CITY agrees that it shall assist and cooperate actively with COUNTY, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish COUNTY, HUD and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist COUNTY and HUD in the discharge of their primary responsibilities for securing compliance.

CITY agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by HUD or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, CITY agrees that if it fails or refuses to comply with these undertakings, HUD may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this Grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to CITY under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such; and refer the case to the Department of Justice for appropriate legal proceedings.

16. "Section 3" Compliance in the Provision of Training, Employment, and Business Opportunities for Lower-Income Persons
As applicable, CITY is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR part 75, and any applicable rules and orders of HUD issued thereunder. The purpose of Section 3 is to ensure that employment and other economic

Page 14 of 28 ends

opportunities generated by HUD assistance or HUD-assisted Projects/Activities covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing.

CITY shall cause or require to be inserted in full in all contracts and subcontracts for work financed, in whole or in part, with assistance provided under this Agreement, the Section 3 clause entitled, "Economic Opportunities for Low- and Very Low-Income Persons", and set forth in Exhibit "J", attached hereto and incorporated herein by this reference as if set forth in full.

CITY itself, during its implementation of this Project/Activity shall, to the greatest extent feasible, seek out and attempt to award contracts to Section 3 business concerns for the business opportunities generated on this federally funded Project/Activity.

CITY shall provide such copies of 24 CFR part 75 as may be necessary for the information of the parties to contracts required to contain the Section 3 clause.

17. Small Business Concerns
CITY is subject to the requirements of the Small Business Act (15 USC 631 et seq.), as amended, the HUD applicable regulations issued pursuant thereto at 48 CFR, part 19, and any applicable rules and orders of HUD issued thereunder requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small business concerns in order to preserve free competitive enterprise; and placement with small business concerns of a fair proportion of the total federally funded purchases and contracts for property and services.

CITY shall implement the specific small business policies herein below stated in order to further applicable requirements of the Small Business Act:
a. Small business concerns shall be afforded an equal opportunity to compete for prime contracts and subcontracts. The "Utilization of Small Business Concerns" clause (48 CFR part 52.219-8) set forth in Exhibit "K", attached hereto and incorporated herein by this reference as if set forth in full, shall be included by CITY in all contracts in connection with this Project/Activity in amounts which may exceed the simplified acquisition threshold, currently set at ONE HUNDRED THOUSAND DOLLARS ($100,000) except (i) contracts which, including all subcontracts thereunder, are to be performed entirely outside the United States, and (ii) contracts for services which are personal in nature. The "Small Business Subcontracting Plan" clause (48 CFR part 52.219-9) set forth in Exhibit "L", attached hereto and incorporated herein by this reference as if set forth in full, shall be included by CITY in all contracts in connection with this Project/Activity which may exceed FIVE HUNDRED THOUSAND DOLLARS ($500,000) and which, in the opinion of COUNTY, offer substantial subcontracting possibilities.
b. Bidders’ mailing lists shall include established and potential qualified small business concerns.

Page 15 of 28 ends

c. Invitations for bids or requests for proposals shall be sent to all firms on the appropriate mailing list except that where use of less than a complete list is appropriate a pro rata number of small business concerns shall be solicited. d. Proposed procurements and contract awards shall be publicized in accordance with these policies.
e. Procurement of property and services shall be divided into reasonably small lots (not less than economic production runs) in order to permit bidding on quantities less than the total requirements.
f. The maximum amount of time practical shall be allowed for preparation and submission of bids and proposals.
g. Delivery schedules shall be established on a realistic basis which will encourage small business participation to the extent consistent with the actual requirements of the Small Business Act.
h. Applicable specifications, plans, and drawings either shall be furnished with invitations for bids and requests for proposals or, when not so furnished, information as to locations where they may be obtained or examined shall be furnished. i. In the event of equal low bids, awards shall be in accordance with 48 CFR part

14.408-6, "Equal Low Bids".
j. Subcontracting to enroll small business concerns shall be encouraged. k. Placement of small purchases (amounts under TWENTY FIVE THOUSAND DOLLARS [$25,000]) with small business concerns shall be encouraged. l. Small business concerns seeking Federal contracts, but found to lack qualifications as prime contractors, should be referred to COUNTY and the Small Business Administration for assistance as may be appropriate.
m. Offers from small business concerns otherwise qualified to perform specific federal contracts but ineligible under Walsh-Healey Public Contract Act, 41 USC 35 et seq., shall be referred to COUNTY and Small Business Administration for possible certification of eligibility to receive and perform the contract.
n. To the extent practicable, work to be performed which exceeds the maximum amount of any contract for which a surety may be guaranteed against loss shall be placed so that more than one small business concern may perform the work. o. A small business concern otherwise qualified to receive and perform specific federal contracts but determined to be non-responsible may be certified to be competent by the Small Business Administration under the provisions of the Small Business Act.

To facilitate the participation of small businesses in CDBG funded contracts, PLNR has developed a Small Business Affirmative Action Plan designed to carry out the

Page 16 of 28 ends

procurement standards found at 2 CFR 200.321. A copy of the Plan is available upon request from COUNTY Planning and Natural Resources Department.

CITY agrees that the "Small Business Participation Requirements" clause set forth in Exhibit "M", attached hereto and incorporated herein by this reference as if set forth in full, shall be included in all contracts in connection with this Project/Activity for goods, services, and construction involving CDBG funding of more than the simplified acquisition threshold fixed at 41 U.S.C. 403 (11) (currently set at $100,000).

CITY further agrees that the "Small Business Subcontracting Program" clause set forth in Exhibit "N", attached hereto and incorporated herein by this reference as if set forth in full, shall be included in all contracts in connection with this Project/Activity which may exceed FIVE HUNDRED THOUSAND DOLLARS ($500,000) and should be included in all contracts which may not exceed FIVE HUNDRED THOUSAND DOLLARS ($500,000) but which, in the opinion of COUNTY and HUD, offer substantial subcontracting possibilities.

18. Nondiscrimination on the Basis of Age
CITY is subject to the Age Discrimination Act of 1975, as amended, (Title III, Pub. L. 94-135) and attendant regulations at 24 CFR part 146, which prohibits, except as otherwise provided, that any person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. CITY is also subject to the Age Discrimination in Employment Act of 1967 addressing age discrimination in employment for persons between the ages of forty (40) and seventy (70) years.

19. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 COUNTY and CITY will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as required under 24 CFR part 570.606(b) and Department of Transportation implementing regulations at 49 CFR part 24; the requirements in 24 CFR part 570.606(c) governing the residential anti-displacement and relocation assistance plan under Section 104(d) of the Housing and Community Development Act of 1974 (Act) and displacement under Section 104(k) of the Act, and HUD implementing regulations at 24 CFR Part 42; and COUNTY may, at COUNTY’s option, comply with the relocation requirements of 24 CFR part 570.606(d) governing optional relocation assistance under Section 105(a)(11) of the Act.

20. Rehabilitation Act of 1973 and Nondiscrimination Based on Handicap CITY is subject to the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended (29 USC 793 and 29 USC 794, respectively) and attendant regulation at 24 CFR 570.602, which provide that no otherwise qualified individual with handicaps shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to, discrimination under any program or activity receiving federal financial assistance. CITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, the clauses, or any modifications thereof, set out in 48 CFR part 52.222-36, attached hereto as Exhibit "O" and incorporated herein by this reference as if set forth in full.

Page 17 of 28 ends

21. Americans with Disabilities Act of 1990
Grant subgrantees and subrecipients agree to abide by the requirements of the Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, and any regulations issued pursuant thereto, which prohibits, at Title I thereof, discrimination by any employer, employment agency, or labor organization against any qualified individual with a disability in regard to any term, condition, or privilege of employment; makes applicable, at Title II thereof, the prohibition against discrimination on the basis of disability to all programs, activities and services provided or made available by state and local agencies or instrumentalities or agencies thereof, or by public entities that provide public transportation; prohibits, at Title III thereof, discrimination against disabled persons by privately operated public accommodations and in public transportation services provided by private entities; and which, at Titles IV and V thereof, makes further provisions against discrimination against disabled persons.

22. Architectural Barriers Act of 1968
CITY is subject to the requirements of the Architectural Barriers Act of 1968, 42 USC 4151 - 4157 (Uniform Federal Accessibility Standards (UFAS)), and the regulations issued pursuant thereto (41 CFR part 102-76.25(b)), which require, except as otherwise provided, that all new construction and major renovations, provide full access to and use of Federallycontrolled facilities for physically impaired persons as required by the UFAS or the ADA Accessibility Guidelines, whichever is more stringent. Minor renovations in existing buildings shall meet minimum UFAS requirements. A more detailed explanation of these standards can be found in 36 CFR parts 1190 and 1191. CITY shall be responsible for compliance with the requirements of the Act during the design and construction and for the life of any improvements to be constructed as part of the Project/Activity, as defined herein. COUNTY shall have the right, at all reasonable times, to review construction plans and conduct inspections of the Project/Activity to determine if CITY is complying with these specifications.

23. Equal Opportunity for Veterans
CITY shall comply with 48 CFR part 22.13 et seq., and shall take affirmative action to employ, advance in employment and otherwise treat veterans without discrimination based on their disability or veteran’s status. In all contracts or agreements of TWENTY-FIVE THOUSAND DOLLARS ($25,000) or more relating to this Agreement, CITY shall include or cause to be included the "Equal Opportunity for Veterans" and the "Employment Reports on Veterans" clauses set out in Exhibit "P", attached hereto and incorporated herein by this reference as if set forth in full.

24. Environmental Considerations
In order to assure that the policies of the National Environmental Policy Act of 1969 ("NEPA"), as amended, and the California Environmental Quality Act of 1970 ("CEQA"), as amended, are most effectively implemented, COUNTY shall comply with HUD Environmental Review Procedures (24 CFR part 58) leading to environmental clearance for particular projects/activities, and the CEQA review procedures (Title 14, Section 15000 et seq. of the California Code of Regulations) in connection with this Project/Activity. In order to assure

Page 18 of 28 ends

that the policies of NEPA and CEQA are carried out, CITY shall be responsible for complying with all conditions/mitigation measures specified during the environmental review process, all as more fully described in Schedule "A" attached hereto.

25. Lead Based Paint
CITY is subject to the prohibition against the use of lead-based paint. Section 401(b) of the Lead-Based Paint Poisoning Prevention Act directs the prohibition of the use of leadbased paint in residential structures constructed or rehabilitated with federal assistance.

Such prohibitions are contained in 24 CFR part 35.135, and are applicable to residential structures constructed or rehabilitated with the assistance of Grant funds.

26. Historic Preservation
CITY must take into account the effects of a project on any prehistoric or historic district, site, building, structure, or object listed in, or eligible for inclusion in, the National Register of Historic Places maintained by the National Park Service of the U. S. Department of the Interior. The National Register "Criteria for Evaluation" (36 CFR part 60.4) was established by the Secretary of the Interior, CITY shall make every effort to avoid, minimize, or mitigate any adverse effects on historic properties. Activities affecting such properties must comply with Section 106 of the National Historic Preservation Act of 1966, as amended, (16 USC 470f), Pub. L. 89-665; Executive Order 11593, Protection and Enhancement of the Cultural Environment (May 13, 1971); the Advisory Council on Historic Preservation (26 CFR part 800); and Section 3 of the Reservoir Salvage Act of 1960, (Pub. L. 86-523), as amended by the Archaeological and Historic Preservation Act of 1974, (Pub. L. 93-291), (16 USC 469a1), and their attendant implementing regulations.

27. Compliance with Clean Air and Water Acts
CITY is subject to the requirements of the Clean Air Act, as amended, 42 USC 7401 et seq., including the regulations of the Environmental Protection Agency at 40 CFR parts 6, 51, and 93; the Federal Water Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1251 et seq., and later enactments; and Executive Order 11738 dated September 10, 1973. CITY, also, agrees to comply with Executive Order 12088, relating to the prevention, control, and abatement of water pollution.

In no event shall any amount of assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act.

28. Flood Disaster Protection
CITY is subject to the requirements of the Flood Disaster Protection Act of 1973 (Pub.

L. 93-234) which prohibits Federal financial assistance for acquisition or construction purposes, as defined under Section 3(a) of said act, for Projects/Activities within special hazard areas previously identified, ("Identified Area"), by the Director of the Federal Emergency Management Agency ("FEMA"), unless the Identified Area is in a community participating in the national flood insurance program and subject to the mandatory purchase

Page 19 of 28 ends

of flood insurance requirements of said act. The PARTIES to this Agreement agree that the Project described in Schedule "A", attached hereto, is not located in an Identified Area.

Any contract for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Director of FEMA as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 USC 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement.

In its compliance with the Flood Disaster Protection requirements of this Agreement, COUNTY hereby agrees to comply with the provisions of Executive Order 11988, relating to evaluation of flood hazards.

29. Indemnification
CITY agrees to indemnify, defend, and hold harmless COUNTY and its agents, board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, expert fees, fees of County Counsel, costs of staff time, and investigation costs) of whatever kind or nature, which arise out of or are in any way connected with any act or omission of CITY or CITY’s officers, agents, employees, independent contractors, sub-contractors of any tier, or authorized representatives. Without limiting the generality of the foregoing, the same shall include bodily and personal injury or death to any person or persons; damage to any property, regardless of where located, including the property of COUNTY; and any workers’ compensation claim or suit arising from or connected with any services performed pursuant to this Agreement on behalf of CITY by any person or entity.

CITY acknowledges that CITY, and all contractors hired by CITY to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). CITY is and shall remain in compliance with the IRCA and shall ensure that only contractors hired by CITY to perform services under this Agreement are in compliance with the IRCA. In addition, CITY agrees to indemnify, defend, and hold harmless the County, its agents, board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives, from any liability, damages or causes of action arising out of or relating to any claims that CITY’s employees or the employees of any contractor hired by CITY, are not authorized to work in the United States for CITY or its contractor and/or any other claims based upon alleged IRCA violations committed by CITY or its contractor(s).

30. Insurance
CITY in order to protect COUNTY and its board members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of

Page 20 of 28 ends

CITY’s actions in connection with the performance of CITY’s obligations, as required in this Agreement, shall secure and maintain insurance as described below. CITY shall not perform any work under this Agreement until CITY has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the COUNTY’s authorized insurance representative. Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate.

Upon request, CITY shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon. The CITY shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. CITY shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by CITY or COUNTY as an additional insured.
a. Workers’ Compensation and Employers’ Liability Insurance Requirement - In the event CITY has employees who may perform any services pursuant to this Agreement, CITY shall submit written proof that CITY is insured against liability for workers’ compensation in accordance with the provisions of section 3700 of the California Labor Code.

CITY shall require any contractor or sub-contractor to provide workers’ compensation for all of the contractor’s or sub-contractor’s employees, unless the contractor’s or sub-contractor’s employees are covered by the insurance afforded by CITY. If any class of employees engaged in work or services performed under this Agreement is not covered by Labor Code section 3700, CITY shall provide and/or require each contractor or

Page 21 of 28 ends

sub-contractor to provide adequate insurance for the coverage of employees not otherwise covered.

CITY shall also maintain employers’ liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
b. Liability Insurance Requirements:

1. CITY shall maintain in full force and effect, at all times during the term of this Agreement, the following insurance:
(a) Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the County), Products-Completed Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of CITY’ s performance of work under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. CITY shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement.

The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
(b) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired, and non-owned vehicles used in the performance of services pursuant to this Agreement with combined limits for Bodily Injury and Property Damage liability of at least one million dollars ($1,000,000) each occurrence.

Page 22 of 28 ends

(2) The Commercial General Liability and Automobile liability Insurance required herein shall include an endorsement naming the COUNTY and COUNTY’s board members, officials, officers, agents and employees as additional insureds for liability arising out of this Agreement and any operations related thereto. Said endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 11 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 11 85.
(3) Any self-insured retentions in excess of $100,000 must be declared on the Certificate of Insurance or other documentation provided to COUNTY and must be approved by the COUNTY Risk Manager.
(4) If any of the insurance coverages required under this Agreement is written on a claims-made basis, CITY at its option, shall either (i) maintain said coverage for at least three (3) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than three (3) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy. c. Cancellation of Insurance — The above stated insurance coverages required to be maintained by CITY shall be maintained until the completion of all of CITY’s obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by the CITY must be endorsed to provide that the coverage shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. Such notice shall be by certified mail, return receipt requested. This notice requirement does not waive the insurance requirements stated herein. CITY shall immediately obtain replacement

Page 23 of 28 ends

coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy. d. All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best’s Key Rating Guide" publication with a minimum of a "A-; VII" rating. Any exception to these requirements must be approved by the COUNTY Risk Manager.
e. If CITY is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, CITY shall provide coverage equivalent to the insurance coverages and endorsements required above. COUNTY will not accept such coverage unless COUNTY determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by CITY is equivalent to the above-required coverages. f. All insurance afforded by CITY pursuant to this Agreement shall be primary to and not contributing to all insurance or self-insurance maintained by COUNTY. An endorsement shall be provided on all policies, except professional liability/errors and omissions, which shall waive any right of recovery (waiver of subrogation) against the COUNTY.
g. Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve CITY for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude COUNTY from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
h. Failure by CITY to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by CITY. COUNTY, at its sole option, may terminate this Agreement and obtain damages from CITY resulting from said breach. Alternatively, COUNTY may purchase such required insurance coverage, and without further notice to CITY, COUNTY shall deduct from sums due to CITY any premiums

Page 24 of 28 ends

and associated costs advanced or paid by COUNTY for such insurance. If the balance of monies obligated to CITY pursuant to this Agreement is insufficient to reimburse COUNTY for the premiums and any associated costs, CITY agrees to reimburse COUNTY for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by COUNTY to take this alternative action shall not relieve CITY of its obligation to obtain and maintain the insurance coverages required by this Agreement. c. Subcontractor Requirements
(1) If CITY hires a consultant to provide professional services, such as architectural or engineering services under this Agreement, CITY shall require its consultant to provide Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, the performance of all required services under this Agreement, with coverage equal to the policy limits which shall not be less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate.
(2) During the construction of the Activity, CITY shall require that all contractors hired by CITY to perform work on the Activity Premises maintain the following insurance coverages at all times during the performance of said work:
(a) Commercial General Liability Insurance including Products-Completed Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Contractor’s performance of work. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.

Page 25 of 28 ends

(b) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired, and non-owned vehicles, with combined limits for Bodily Injury and Property Damage liability of at least one million dollars ($1,000,000) each occurrence.

31. Captions and Interpretation
Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement.

The Recitals listed at the beginning of this Agreement are hereby incorporated into this Agreement.

No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the parties.

32. Successors and Assigns of COUNTY
This Agreement shall be binding upon and inure to the benefit of the successors to or assigns of COUNTY.

33. Liens and Encumbrances
Without the prior consent of COUNTY, CITY shall not transfer, pledge, hypothecate, or encumber the Project/Activity property during the Change in Use Restriction Period.

34. Assignment and Subletting
CITY shall not assign any right, title or interest it may acquire by reason of this Agreement nor sublet any Project/Activity premises except upon first obtaining the written consent of COUNTY.

35. Concurrent Remedy
No right or remedy herein conferred on or reserved to COUNTY is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time.

36. Non Waiver

Page 26 of 28 ends

No covenant or condition of this Agreement to be performed by CITY can be waived except by the written consent of COUNTY. Forbearance or indulgence by COUNTY in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by CITY. A waiver of one covenant or condition by COUNTY does not grant or imply a waiver of any other covenant or condition to be performed by CITY. COUNTY shall be entitled to invoke any remedy available to COUNTY under this Agreement or by law or in equity despite said forbearance or indulgence.

37. Incorporation of Prior Agreements and Amendments
This Agreement, including all attachments hereto and any reference to pertinent federal or State laws and regulations, contains the entire Agreement between the PARTIES, relating to the services, rights, obligations and covenants contained herein and assumed by the PARTIES respectively. No inducements, representations or promises have been made, other than those recited in this Agreement. No oral promise, modification, change or inducement shall be effective or given any force or effect. This Agreement may be modified in writing only, signed by the PARTIES in interest at the time of modification.

38. Severability
Should any part, term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall 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.

39. Signatory Authority
Each individual executing this Agreement on behalf of each party represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

CITY shall, prior to Agreement execution by COUNTY’s Board of Supervisors, deliver to COUNTY a copy of the resolution or minute order of CITY’s governing body authorizing the execution of this Agreement.

40. Procedure to Modify and Limitation of Term of Agreement a. Except as otherwise provided herein, the terms of this Agreement may only be modified by the written consent of the PARTIES hereto.
b. The expiration of this Agreement shall be determined as provided in Paragraph

1.f. of this Agreement.

41. Execution
This Agreement is effective upon the date indicated herein above. It is the product of negotiation and all PARTIES are equally responsible for authorship of this Agreement.

Page 27 of 28 ends

Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

42. Notices
Notices shall be sufficiently given hereunder if personally served upon the Clerk of the Board of Supervisors of the COUNTY or the Clerk of the CITY, or if sent by United States mail, postage prepaid, as follows:
directed to COUNTY, addressed to:

Planning and Natural Resources Department
Clerk of the Board of Supervisors
County Administrative Center
1115 Truxtun Avenue, Fifth Floor
Bakersfield, California 93301
or directed to CITY, addressed to:

Ronald Strand
City Manager
100 W California Ave.

City of Ridgecrest, California 93555

43. Construed According to California Law
The provisions of this Agreement shall be construed in accordance with the laws of the State of California.

44. Venue
This Agreement has been entered into and is to be performed in the County of Kern, California. Accordingly, the PARTIES agree that the venue of any action relating to this Agreement shall be in the County of Kern.

45. Opinions and Determinations
Where the terms of this Agreement provide for action to be based upon the opinion, judgment, approval, review, discretion, option, or determination of either COUNTY or CITY, such terms are not intended to be and shall not be construed as permitting such opinion, judgment, approval, review, discretion, option, or determination to be arbitrary, capricious, or unreasonable.

46. No Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of these terms and conditions and all rights of action relating to such enforcement, shall be strictly reserved to COUNTY and CITY. Nothing contained in this Agreement shall give or allow any claim or

Page 28 of 28 ends

right of action whatsoever by any other third person. It is the express intention of COUNTY and CITY that any such person or entity, other than COUNTY and CITY, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.

IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their respective officers and agents hereunto duly authorized as of the day and year first above written.

APPROVED AS TO CONTENT:

Planning and Natural Resources Department
BY______________________________
Lorelei H. Oviatt, AICP, Director

COUNTY OF KERN
BY______________________________
Chairman, Board of Supervisors
________________________________________
Printed Name
“COUNTY”
APPROVED AS TO FORM:

Office of County Counsel
BY______________________________
Brian Van Wyk, Deputy
CITY OF __________________
BY______________________________
___________________________________________
Printed Name
____________________________________________
Insert Title
“CITY”
I:\CEDD\AFC\PROJECTS\17-Ridgecrest\21.1 Leroy Jackson Ballfield Imp\Ridecrest Agreement_Leroy Jackson 7_13_22 Date Added_Draft3.doc
8 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: Introduction And First Reading, An Ordinance Amending Chapter 102 Of The City Of Ridgecrest Municipal Code By Setting Forth An Expedited, Streamlined Permitting Process For Electric Vehicle Charging Stations As Required By Government Code Section 65850.7 PRESENTED BY: Travis C. Reed, Public Works Director
SUMMARY:

In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations on or before September 30, 2017. (Yes we are a Little late to the Party) An electric vehicle charging station is any level of electric vehicle supply equipment station which deliver electricity from a source outside an electric vehicle into a plug-in electric vehicle. AB 1236 may refer to the recommendations in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research.

Background
Assembly Bill 1236, which amended Government Code Section 65850.7 to require jurisdictions with a population less than 200,000 residents to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. The amendments to Section 65850.7 include the requirement for a jurisdiction to adopt an ordinance for the expedited, streamlined process on or before September 30, 2017. The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.

This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance. Section 65850.7 requires that the City’s checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research.

Assembly Bill 1236 (2015) also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station based on the approval of an association as defined in California Civil Code, Section 4080.

Staff recommends that City Council introduce for First Reading the attached ordinance, given Government Code Section 65850.7’s requirement that local agencies adopt such an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations on or before September 30, 2017. Most of the procedures, such as electronic submittal of plans are currently in place and comply with the requirements of the Assembly Bill and staff is assuring that successful implementation of an expedited, streamlined process will be available to permit applicants, staff has begun undertaking allowing Electronic Plan Submittals as required by this and expects to be rolling that out in early 2023.

Building and Safety Commission Action
The Building Officer and Fire Marshal held a public meeting with the Building and Safety Commission where the Commission heard staff’s proposed procedures for an expedited, streamlined process for electric vehicle charging stations. The Commission provided comments regarding balancing the requirement for expedited processing while verifying the fire, life and safety aspects of electric vehicle charging stations and maintenance of public protection. Staff intends for the application and checklist process to create a standardized system of issuing permits for compliant installations. Staff assured the Commission that all requirements of fire-life-safety will be verified during the review and inspection for the electric vehicle charging stations.

The Commission’s action was a recommendation to approve the ordinance / hold the ordinance until further study.

Next Steps
Concurrent with Council’s adoption of the ordinance, staff, is taking the measures to meet all requirements of Assembly Bill 1236 (2015). This includes finalizing the application checklist in conjunction with the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “ZeroEmission Vehicles in California: Community Readiness Guidebook”, measures for electrical compliance, and standard items for fire prevention safety. Building and Fire inspection staff are also developing procedures for expedient and thorough inspection of the electric vehicle charging stations.

FISCAL IMPACT: NONE
ACTION REQUESTED: Staff recommends that the City Council Introduce for first reading the attached ordinance which sets forth an expedited, streamlined permitting process for electric vehicle charging stations.

CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION: Action as requested.

Submitted by: Travis C. Reed Action Date: Aug. 17, 2022 ORDINANCE NUMBER 22-Xx

Page 1 of 4 ends

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE

CITY OF RIDGECREST SETTING FORTH PROCEDURES FOR

EXPEDITING PERMITTING PROCESSING FOR ELECTRIC VEHICLE

CHARGING SYSTEMS
WHEREAS, the State of California and the City of Ridgecrest has consistently promoted and encouraged the use of fuel-efficient electric vehicles; and, WHEREAS, the State of California recently adopted Assembly Bill 1236 and Assembly Bill 970, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and, WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIDGECREST DOES ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Purpose: This Ordinance shall be known as the City of Ridgecrest Electric Vehicle Charging Station Permit Expediting Ordinance. The terms, phrases, and words used in this Ordinance shall be construed in compliance with the definitions set forth by California Government Code Sections 65850.7 and 65850.71.

SECTION 3. Amendment: The Ridgecrest Municipal Code is hereby amended to add Chapter 102, Article VII, Sections 180 - 195 in its entirety, to read as follows:
“Article VII - Electric Vehicle Charging Station Permit Expedition” SEC. 180. PURPOSE
The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is also purposed to comply with California Government Code Sections 65850.7 and 65850.71.

SEC. 181. DEFINITIONS
(a) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (b) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

Page 2 of 4 ends

(c) “Electronic submittal” means the utilization of one or more of the following:
a. Electronic mail or email.
b. The internet.
c. Facsimile.

SEC. 182. EXPEDITED PERMITTING PROCESS
(a) Consistent with Government Code Sections 65850.7 and 65850.71, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.
(b) If the installation of an electric vehicle charging station(s) requires the reduction, elimiation or in anyway impacts the required parking spaces for existing uses, the number of required parking spaces for the existing use will be reduced by the amount necessary to accommodate the electric vehicle charing station(s) and the associated equipment.

SEC. 183. PERMIT APPLICATION PROCESSING
(a) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. (b) A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Sections 65850.7 and 65850.71, approve the application and issue all necessary permits within five business days after submission if the applications is for 25 or less vehicle charging stations at a single site and within ten days after submission if the application is for more than 25 charging stations at a single site. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(c) Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

Page 3 of 4 ends

(d) An application to install an electric vehicle charging station shall be deemd approved if twenty business days have elapsed since the application was deemed complete for 25 or less chargers installed at a single site, or fourty business days have elapsed after the application was deemed complete for more than 25 chargers at a single site if all of the following are true:

1. The Building Official has not administratively approved the application.

2.he Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public helathy or safety or required the applicant to apply for a use permit.

3. The Building Official has not denied the permit.

4. An appeal has not been made to the City Planning Commission.

SEC. 184. TECHNICAL REVIEW
(a) It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this Chapter, the City may require the applicant to apply for a use permit. (b) In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

SEC. 185. ELECTRIC VEHICLE CHARGING STATION INSTALLATION

REQUIREMENTS
(a) Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.
(b) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. (c) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
(d) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

Secs. 102-186 – 102.195. –Reserved
SECTION 3. Any provision of the City of Ridgecrest Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

Page 4 of 4 ends

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every Section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.”
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this Ordinance, or a summary thereof to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective on _____________.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Ridgecrest at the regular meeting of this ___ day of August, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Eric A. Bruen, Mayor
Attest:
______________________________
Ricca Charlon, CMC,
City Clerk
Approved as to form:
______________________________
Martin Koczanowicz
Aleshire & Wynder, LLP.

City Attorney

CHECKLIST FOR RESIDENTIAL ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) All forms are available at https://www.ridgecrest-ca.gov/193/Building-Department

FOR SUBMITTALS AT THE PERMIT COUNTER
 Completed Building Permit Application: https://www.ridgecrest-ca.gov/DocumentCenter/View/200/Permit-Application-PDF  If required below, electrical load tabulations completed by a licensed C-10 contractor  Equipment manufacturer’s installation information

FOR ONLINE ELECTRONIC SUBMITTALS
 Submit above plans and manufacturer’s information in PDF format  Complete the Building Permit Application:
https://www.ridgecrest-ca.gov/DocumentCenter/View/200/Permit-Application-PDF (submit applications to [email protected])

GENERAL REQUIREMENTS
Level of EV charging:
 Level 1 (120 V)  Level 2 (240 V)
Type of equipment being installed:
 NEMA 14-50  NEMA 5-15  NEMA 5-20  Other: _____________ Equipment overcurrent protection rating:
 50 A  15 A  20 A  Other: _____________
Existing electrical service (if less than 150 A, provide electrical load tabulations by a C-10):
 100 A  125 A  150 A  Other: _____________
Branch circuit distance:
 100 feet or less  More than 100 feet
Conductor size:
 #14 Cu  #12 Cu  #6 Cu  Other: _____________
CIRCLE THE APPROXIMATE LOCATION OF THE CHARGING SYSTEM:

Lesspreferred EVSE location
Utility Panel Preferred EVSE
locations
https://www.ridgecrest-ca.gov/193/Building-Department
Revised: 12/19/2019

Page 1 of 1 ends

This Page Intentionally Left Blank

CHECKLIST FOR NONRESIDENTIAL ELECTRIC VEHICLE CHARGING STATIONS (EVCS) All forms are available at https://www.ridgecrest-ca.gov/193/Building-Department

FOR SUBMITTALS AT THE PERMIT COUNTER
 Completed Building Permit Application : https://www.ridgecrest-ca.gov/DocumentCenter/View/200/Permit-Application-PDF  Three copies of the site plan
 Three copies of the electrical plan
 Equipment manufacturer’s installation information.

FOR ONLINE ELECTRONIC SUBMITTALS
 Submit above plans and manufacturer’s information in PDF format  Complete the Building Permit Application:
https://www.ridgecrest-ca.gov/DocumentCenter/View/200/Permit-Application-PDF (submit applications to [email protected])

SITE PLAN REQUIREMENTS
 Sheets containing structural information or accessibility information must be stamped and signed by a California registered architect or engineer
 Show all building footprints, landscaped areas, and walkways  Show parking circulation areas
 Show location(s) of any existing and all proposed EV stations, panels, and other service equipment  Show how equipment is anchored
 Demonstrate compliance with accessibility provisions
o See tables below for numbers of required spaces and required signage o See attached plans for marking and signage details
o Operable parts on all EV chargers shall comply with CBC Section 11B-309.4 o Access aisles and parking stalls shall be flat (2% maximum slope) o Access aisles shall be connected with accessible routes to buildings and/or spaces served by the EVCS

ELECTRICAL PLAN REQUIREMENTS
 Sheets containing electrical information must be stamped and signed by a California registered architect or engineer or a C-10 contractor
 Show the electrical and equipment layout
 Provide a single line diagram
 Provide electrical load calculations (existing + new) and panel schedule Total No. of EVCS at
Facility
Minimum No. of EVCS Required (By Type)
Van Accessible Standard Accessible Ambulatory
1-4 1 0 0
5-25 1 1 0
26-50 1 1 1
>50 See CBC Table 11B-228.3.2.1
https://www.ridgecrest-ca.gov/193/Building-Department
Revised: 12/03/2019 Page 1 of 2
No. of EVCS ISA Signage Requirements
1-4 No Signs Required
5-25 1 Van Accessible EVCS Sign Required
>25 All Van and Standard Accessible Signs Required
I --- -1
I I
I I
I I
I II
____I

Page 2 ends

EVCS not regulated by
CbU Section

CHARGER, CURB
Typical Accessible Parking for Nonresidential
Electric Vehicle ChargingStations (EVCS) -------- -------- STANDARD 36"
MARKINGS BE BLUE.

IS GREEN
CURB
y/////////////A
--------- 1 4 4 " M I N ---------

ACCESSIBLE
All Cross and Running Slopes shall be 2.0% Max.

T.C.Reed, P.E.

C93828
Public Works Director
City of Ridgecrest
This Page Intentionally Left Blank

Ridgecrest City CouncilAugust 17, 2022

Ridgecrest City Council
August 17, 2022