AGENDA
CITY COUNCIL - REGULAR MEETING
TUESDAY, MAY 2, 2023
6:30 PM OPEN SESSION
LIVE STREAM LINK: WWW.SANJACINTOCA.GOV
COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330
City of San Jacinto Page 1 Updated 4/27/2023 4:31 PM
ALONSO LEDEZMA, MAYOR
CRYSTAL RUIZ, MAYOR PRO TEM
PHIL AYALA, COUNCILMEMBER
BRIAN HAWKINS, COUNCILMEMBER
VALERIE VANDERVER, COUNCILMEMBER
This City Council meeting is being conducted in-person and will be broadcast utilizing Livestream video. The City Council meeting may be observed virtually by joining the link on the City’s website.
Public Comments will only be accepted in person during the meeting or in writing to the City Clerk. Participants viewing the Livestream will not have a comment option.
For those wishing to email public comments for the May 2, 2023, City Council meeting, please submit your comments to be read aloud at the meeting by the City Clerk. Email comments to [email protected]. Please put “PUBLIC COMMENT” in the email subject line.
Email comments on matters not on the agenda must be received before the time the Mayor calls the item for Public Comments. Email comments on the agenda items must be received before the time the Mayor closes public comments on the agenda item. All email comments shall be subject to the same rules as would otherwise govern speaker comments at the Council meeting.
Electronic comments on agenda items for May 2, 2023, may only be submitted via email.
Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.
Reading of Public Comments: The City Clerk will read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at a Council meeting. The email comments submitted shall become part of the record of the Council meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk at 951-487-7330 ext. 339. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II].
City of San Jacinto Page 2 Updated 4/27/2023 4:31 PM
1. ORGANIZATION
1.1. Roll Call
1.2. Invocation
1.3. Pledge of Allegiance
1.4. Mayor/Council Member Reports
1.5. Late Items
2. PUBLIC COMMENTS
3. CONSENT CALENDAR
3.A. Consent Calendar - City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only
3.A.2. Minutes of the Regular City Council Meeting of April 4, 2023.
RECOMMENDATION:
Staff recommends that the City Council approve the City Council Regular Meeting Minutes of April 4, 2023.
Department: City Clerk
3.A.3. Minutes of the Regular City Council Meeting of April 18, 2023.
RECOMMENDATION:
Staff recommends that the City Council approve the City Council Regular Meeting Minutes of April 18, 2023.
Department: City Clerk
3.A.4. Report - Use of ARPA Funds
RECOMMENDATION:
Staff recommends that the City Council RECEIVE AND FILE the report of the ARPA funds.
Department: Finance
3.A.5. Resolution of Intention to Annex Territory into Community Facilities District No. 2020-1 and to Authorize the Levy of Special Taxes Therein
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory, commonly known as Esplanade Commons, into Community Facilities District No. 2020-1 and Authorize the Levy of Special Taxes therein.
Department: Finance
City of San Jacinto Page 3 Updated 4/27/2023 4:31 PM
3.A.6. Resolution of Intention to Annex Territory into Community Facilities District No. 2003-1 and to Authorize the Levy of Special Taxes Therein RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory, commonly known as Esplanade Commons, into Community Facilities District No. 2003-1 and Authorize the Levy of Special Taxes therein.
Department: Finance
3.A.7. Second Reading and Adoption of Ordinance No. 23-02 (Title 17 - Section, Section 17.405.060 - Accessory Dwelling Units)
RECOMMENDATION:
Staff recommends that the City Council:
1. DETERMINE that the California Environmental Quality Act (“CEQA”) does not apply to the approval or adoption of an Ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law, pursuant to California Public Resources Code section 21080.17; and therefore, Ordinance No. 23-02 is statutorily exempt from the CEQA; and,
2. CONDUCT a second reading and ADOPT Ordinance No. 23-02, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, AMENDING SECTION 17.405.060 OF THE
CITY OF SAN JACINTO MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
Department: Community Development
3.A.8. Cooperation Agreement with San Jacinto Master Developer, LLC and Engagement Agreement with Nossaman LLP Related to Securing Access to Parcels for Study of Flood Control Improvements
RECOMMENDATION:
Staff recommends that the City Council approve a Cooperation Agreement with San Jacinto Master Developer, LLC and an Engagement Agreement with Nossaman LLP related to securing access to parcels for study of flood control improvements and allow the City Manager to execute the agreements.
Department: Community Development
3.A.9. Agreement with Western Riverside Council of Governments (WRCOG) for SB1383 Edible Food Recovery Consulting Services
RECOMMENDATION:
Staff recommends that the City Council approve the Agreement with Western Riverside County Council of Governments for SB1383 Edible Food Recovery City of San Jacinto Page 4 Updated 4/27/2023 4:31 PM
Consulting Services in the amount of $31,359.00 per year for a three-year term, and appropriate the amount of $31,359.00 for Fiscal Year 2022-2023.
Department: Water
3.A.10.Memorandum of Understanding between The City of San Jacinto and The San Jacinto Unified School District
RECOMMENDATION:
Staff recommends that the City Council approve the MOU regarding the San Jacinto High School Pedestrian and Circulation Study.
Department: Engineering
4. DISCUSSION ITEMS
4.1. An Urgency Ordinance and A Non-Urgency Ordinance Extending the Existing Franchise Granted to Southern California Edison Company ("SCE") to Transmit Electricity in the City and Determining the Ordinances Exempt from the California Environmental Quality Act
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Urgency Ordinance No. 23-04, an urgency ordinance extending for one year the franchise granted to SCE.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, EXTENDING ORDINANCE 1096-02-30 AND
DETERMINING THE URGENCY ORDINANCE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
2. Introduce Ordinance No. 23-05, extending for one year the franchise granted to SCE, for a first reading.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, EXTENDING ORDINANCE 1096-02-03 AND DETERMINING
THE ORDINANCE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Department: Finance
4.2. Opt Into Settlement Agreements with Distributors of Opioids, Walgreens Co., Walmart, Inc., and CVS Health Corporation/CVS Pharmacy, Inc., and Opioid Manufacturers Teva Pharmaceutical Industries Ltd. and Allergan Finance, LLC/Allergan Limited
RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to:
1. Opt into settlement agreement with opioid distributor, Walgreens Co., and direct the City Manager to execute any documents necessary to implement the action.
City of San Jacinto Page 5 Updated 4/27/2023 4:31 PM
2. Opt into settlement agreement with opioid distributor, Walmart, Inc. and direct the City Manager to execute any documents necessary to implement the action.
3. Opt into settlement agreement with opioid distributor, CVS Health Corporation/CVS Pharmacy, Inc. and direct the City Manager to execute any documents necessary to implement the action.
4. Opt into settlement agreement with opioid manufacturer, Teva Pharmaceutical Industries Ltd., and direct the City Manager to execute any documents necessary to implement the action.
5. Opt into settlement agreement with opioid manufacturer, Allergan Finance, LLC/Allergan Limited and direct the City Manager to execute any documents necessary to implement the action.
Department: City Attorney
5. CITY MANAGER UPDATE
6. FUTURE REQUESTS FROM CITY COUNCIL TO CITY MANAGER
7. ADJOURNMENT
DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB343) - Any public record relating to an open session agenda item that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S. San Jacinto Avenue, San Jacinto, CA 92583.
I, Julia Espinoza, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 27th day of April 2023 as requested by law.
Julia Espinoza, City Clerk
May 2, 2023
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Regular Meeting Minutes of April 4, 2023
RECOMMENDATION:
Staff recommends that the City Council approve the City Council Regular Meeting Minutes of April 4, 2023.
ATTACHMENTS:
April 4, 2023 City Council Regular Meeting Minutes
3.A.2
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City Council Regular Meeting Action Minutes April 4, 2023
ALONSO LEDEZMA, MAYOR
CRYSTAL RUIZ, MAYOR PRO TEM
PHIL AYALA, COUNCILMEMBER
BRIAN HAWKINS, COUNCILMEMBER
VALERIE VANDEVER, COUNCILMEMBER
ACTION MINUTES
CITY COUNCIL – REGULAR MEETING
TUESDAY, APRIL 4, 2023
6:30 PM OPEN SESSION
LIVE STREAM LINK: www.sanjacintoca.gov
COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330
1. ORGANIZATION
Mayor Ledezma called the meeting to order at 6:30 p.m.
1.1. Roll Call
City Clerk Julia Espinoza conducted the roll call:
Present: Mayor Alonso Ledezma, Councilmember Phil Ayala, Councilmember Valerie Vandever, Councilmember Brian Hawkins
Absent: Mayor Pro Tem Crystal Ruiz
M/S/C (Ledezma/Hawkins) moved to approve the absence of Mayor Pro Tem Ruiz.
Motion carried 4/0.
Ayes: Ayala, Hawkins, Vandever, Ledezma
Nays: None
Absent: Ruiz
Abstain: None
1.2. Invocation
Councilmember Vandever gave the invocation.
1.3. Pledge of Allegiance
Councilmember Ayala led the Pledge of Allegiance.
3.A.2.a
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Attachment: April 4, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of April 4, 2023)
City Council Regular Meeting Action Minutes April 4, 2023
1.4. Special Presentation(s)
1.4.1 National Donate Life Month Proclamation
1.4.2 San Jacinto Connect Online
1.5. Mayor/Council Member Reports
Councilmembers provided their reports.
1.6. Late Items
There were no late items.
2. PUBLIC COMMENTS
There were five (5) public comments:
John Leonard (Written)
Clementine Moore (Written)
Shannon Douglas
Deirdra Hampton
Bob Kowell
3. CONSENT CALENDAR
3.A. Consent Calendar - City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only
3.A.2. Minutes of the Regular City Council Meeting of March 21, 2023/City Clerk/Approved
3.A.3. Fourth Amendment to City Attorney Legal Services Agreement/City Attorney/Approved
3.A.4. Cottonwood Avenue Road Closure for Emergency Pavement Rehabilitation/Engineering/Approved
3.A.5. Approve the Purchase of a New 176KW Backup Generator for the San Jacinto Police Department/Parks/Approved
M/S/C (Hawkins/Ayala) to approve the Consent Calendar. Motion carried 4/0.
Ayes: Vandever, Ayala, Hawkins, Ledezma
Nays: None
Absent: Ruiz
Abstain: None
3.A.2.a
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Attachment: April 4, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of April 4, 2023)
City Council Regular Meeting Action Minutes April 4, 2023
4. DISCUSSION ITEMS
4.1. Resolution No. 3969, in Support of the National Mayor’s Challenge for Water Conservation
Chief of Public Utilities Art Mullen presented the staff report.
M/S/C (Hawkins/Ledezma) made a motion to adopt Resolution No. 3969, in support of the National Mayor’s Challenge for Water Conservation. Motion carried 4/0.
Ayes: Ayla, Hawkins, Vandever, Ledezma
Nays: None
Absent: Ruiz
Abstain: None
4.2. Approve the Purchase of Shade Structure for the National Fitness Court at Mistletoe Park
Community Development Manager Rene Yarnall presented the staff report.
M/S/C (Hawkins/Ayala) made a motion to approve and award a contract for the purchase and installation of a shade structure from USA Shade and Fabric Structure for the National Fitness Court at Mistletoe Park in the Amount of $128,294.48, authorizing the City Manager to execute all documents related to the contract, subject to review and minor modifications by the City Attorney; and utilize a 10% contingency in the amount of $12,829.45, if necessary. Motion carried 4/0.
Ayes: Hawkins, Ayala, Vandever, Ledezma
Nays: None
Absent: Ruiz
Abstain: None
4.3. Approve the Art in Public Places – Main Street and San Jacinto Avenue Mural Installations
Community Development Manager Rene Yarnall presented the staff report.
Mayor Ledezma recused himself due to a conflict of interest by owning property on Main Street.
M/S/C (Hawkins/Vandever) made a motion to approve the mural installations; authorize the City Manager to initiate necessary contracts, subject to minor modifications by the City Attorney, for the Main Street and San Jacinto Avenue Mural Installations in the amount not to exceed $100,000 dollars; and appropriate an additional $25,000 from the DIF: Community Amenities Fund. Motion carried
3.A.2.a
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Attachment: April 4, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of April 4, 2023)
City Council Regular Meeting Action Minutes April 4, 2023 3/0.
Ayes: Vandever, Hawkins, Ayala
Nays: None
Absent: Ruiz
Abstain: None
5. CITY MANAGER UPDATE
City Manager Robert A. Johnson will provide the City Manager Update for the month of March at the following City Council Meeting of April 18, 2023.
6. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
7. ADJOURNMENT
With no further business before the City Council, Mayor Ledezma adjourned the meeting at 8:46 p.m.
CITY OF SAN JACINTO:
_________________________
Alonso Ledezma, Mayor
ATTEST:
____________________________
Julia Espinoza, City Clerk
Approved as read:
Approved as amended:
3.A.2.a
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Attachment: April 4, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of April 4, 2023) May 2, 2023
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Regular Meeting Minutes of April 18, 2023
RECOMMENDATION:
Staff recommends that the City Council approve the City Council Regular Meeting Minutes of April 18, 2023.
ATTACHMENTS:
April 18, 2023 City Council Regular Meeting Minutes
3.A.3
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City Council Regular Meeting Action Minutes April 18, 2023
ALONSO LEDEZMA, MAYOR
CRYSTAL RUIZ, MAYOR PRO TEM
PHIL AYALA, COUNCILMEMBER
BRIAN HAWKINS, COUNCILMEMBER
VALERIE VANDEVER, COUNCILMEMBER
ACTION MINUTES
CITY COUNCIL – REGULAR MEETING
TUESDAY, APRIL 18, 2023
6:30 PM OPEN SESSION
LIVE STREAM LINK: www.sanjacintoca.gov
COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330
1. ORGANIZATION
Mayor Pro Tem Ruiz called the meeting to order at 6:30 p.m.
1.1. Roll Call
City Clerk Julia Espinoza conducted the roll call:
Present: Mayor Pro Tem Crystal Ruiz, Councilmember Phil Ayala, Councilmember Brian Hawkins, Councilmember Valerie Vandever
Absent: Mayor Alonso Ledezma
M/S/C (Hawkins/Ayala) moved to approve the absence of Mayor Ledezma. Motion carried 4/0.
Ayes: Ayala, Hawkins, Vandever, Ruiz
Nays: None
Absent: Ledezma
Abstain: None
1.2. Invocation
Councilmember Hawkins gave the invocation.
1.3. Pledge of Allegiance
Councilmember Vandever led the Pledge of Allegiance.
3.A.3.a
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Attachment: April 18, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of April 18, 2023)
City Council Regular Meeting Action Minutes April 18, 2023
1.4. Special Presentation(s)/Recognition(s)
1.4.1. SBA Disaster Assistance Available for Riverside County and Surrounding Counties Imperial, Orange, San Bernardino, and San Diego presented by Barbara Nitis, Public Information Officer for the U.S. Small Business Administration.
1.5. Mayor/Council Member Reports
Councilmembers provided their reports.
1.6. Late Items
City Manager Rob Johnson introduced one late item:
Resolution in Support of Prioritizing TV2CV (SR79 Realignment) as a Riverside County Project.
City Clerk Espinoza called for a vote to add these items to the agenda.
M/S/C (Ruiz/Hawkins) moved to approve adding the resolution to the agenda as item
3.A.5. Motion carried 4/0.
Ayes: Vandever, Ayala, Hawkins, Ruiz
Nays: None
Absent: Ledezma
Abstain: None
2. PUBLIC COMMENTS
There were two (2) public comments:
Gary Oakley
Shaul Rosen-Rager
3. CONSENT CALENDAR
3.A. Consent Calendar - City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only
3.A.2. Treasurer’s Report at February 28, 2023/Finance/Approved
3.A.3. Warrants and Disbursements – March 2023/Finance/Approved
3.A.4. San Jacinto Sheriff’s Station Emergency Equipment/Police/Approved
3.A.5. Resolution in Support of Prioritizing TV2CV (SR79 Realignment) as a Riverside County Project/City Manager/Approved
3.A.3.a
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Attachment: April 18, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of April 18, 2023)
City Council Regular Meeting Action Minutes April 18, 2023 M/S/C (Ruiz/Hawkins) to approve the Consent Calendar. Motion carried 4/0.
Ayes: Vandever, Ayala, Hawkins, Ruiz
Nays: None
Absent: Ledezma
Abstain: None
4. PUBLIC HEARING
4.1. Public Hearing for Adoption of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory Dwelling Units) of the Development Code to Implement Senate Bill 897 Principal Planner Robert Flores presented the staff report.
Public Hearing Opened at 7:22 pm.
There were no public comments.
Public Hearing Closed at 7:23 pm.
M/S/C (Hawkins/Ayala) made a motion to determine that the California Environmental Quality Act (“CEQA”) does not apply to the approval or adoption of an Ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law, pursuant to California Public Resources Code section 21080.17; and therefore, Ordinance No. 23-02 is statutorily exempt from the CEQA; and introduce Ordinance No. 23-02, entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING SECTION 17.405.060 OF THE CITY OF SAN
JACINTO MUNICIPAL CODE RELATING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS. Motion carried 4/0.
Ayes: Hawkins, Vandever, Ruiz, Ayala
Nays: None
Absent: Ledezma
Abstain: None
5. CITY MANAGER UPDATE
City Manager Rob Johnson presented the City Manager Update for the month of March.
6. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
7. ADJOURNMENT
With no further business before the City Council, Mayor Pro Tem adjourned the meeting at 7:42 p.m. in honor of Hemet’s former Mayor Karlee Meyer, who died from cancer Monday night, April 17, 2023.
3.A.3.a
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Attachment: April 18, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of April 18, 2023)
City Council Regular Meeting Action Minutes April 18, 2023 CITY OF SAN JACINTO:
_________________________
Alonso Ledezma, Mayor
ATTEST:
____________________________
Julia Espinoza, City Clerk
Approved as read:
Approved as amended:
3.A.3.a
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Attachment: April 18, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of April 18, 2023) May 2, 2023
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Report - Use of ARPA Funds CY 23 Q1
RECOMMENDATION:
Staff recommends that the City Council RECEIVE AND FILE the report of the ARPA funds.
DISCUSSION:
The American Rescue Plan Act (ARPA) was signed into law by the President on March 11, 2021. The Fiscal Recovery Funds are intended to provide support to State, local, and Tribal governments in responding to the impact of COVID-19 and in the efforts to contain COVID-19 in communities, residents, and businesses. One of the most notable amendments that the Secretary of the Treasury (Treasury) has adopted as the final rule (published May 17, 2021) enables recipients to claim a standard allowance for revenue loss of up to $10 million dollars.
The provisions in this final rule are effective April 1, 2022.
On July 13, 2021, the City received its first of two installments of the $11,773,274 in ARPA funds allocated to the City. The second installment was received on July 21, 2022.
On August 17, 2021, the City Council approved an initial project list for the use of ARPA funds.
The initial projects were designed to meet specific categories in the final rule to maximize community benefit while prioritizing community desires (as documented by Measure V Community Survey results).
During the reporting period of January 1, 2023, through March 31, 2023, ARPA expenditures remained steady, with $754,385 spent in three months’ time. Total ARPA expenditures increased from 19.41% in the previous reporting period to 25.82% in the current period. This is primarily the result of payments for drilling work completed on the New Grand Well project and work completed on the Artesia Main Line Emergency Replacement project.
ARPA funds must be obligated by December 31, 2024, and expended by December 31, 2026.
Despite expending 25.82% of ARPA funds so far, staff is confident that the funds will be spent timely, especially considering the costly nature of planned infrastructure projects and progress to date. During the reporting period, the City Council awarded a contract for equipping of the Bath Well Treatment Plant totaling $1.7 million on February 7, 2023. With a total budget of $2.5 million, this project will contribute significantly to the timely spend-down of ARPA funds.
Six of the current 22 projects are complete, including:
Project #CP-003 A - Cottonwood Lift Station
Project #ARPA-B - Mobile Bypass Pump
Project #18-007 - Soofa Sign
3.A.4
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Project #22-014 - City Hall Front Lobby/Office Remodel Project #22-009 - Fitness Court at Mistletoe Park
Project #22-015 - Community Center Remodel
FISCAL IMPACT:
There is no fiscal impact related to reporting of the use of ARPA funds.
ATTACHMENTS:
ARPA Summary Report - 03-31-23
3.A.4
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CITY OF SAN JACINTO
ARPA ALLOCATION SCHEDULE
Final
Item # Description
Estimate at
03/31/2023
Category D - Investments to Infrastructure
20-004 New Grand Well 2,500,000.00
22-010 New Grand Well Treatment Plant 2,500,000.00
22-005 Bath Well Treatment Plant 2,500,000.00
Category C - Revenue Loss
ARPA-A Lead Service Line Replacement Program 100,000.00 22-011 SCADA Replacement 400,000.00
CP -003 A Cottonwood Lift Station 65,834.38
22-012 Sanderson Stormwater Culverts 500,000.00
ARPA-B Mobile Bypass Pump 60,000.00
22-013 Civic Center/Main Street/Broadband 150,000.00
ARPA-C Community Development Software Upgrade 379,500.00 ARPA-D City Hall Queue Management System 12,000.00
18-007 Soofa Sign 18,000.00
22-014 City Hall Front Lobby/Office Remodel 80,000.00
22-015 Community Center Remodel 73,903.67
22-009 Fitness Court at Mistletoe Park 186,000.00
22-016 Splashpad at Sallee Park 700,000.00
22-017 Small Business Grants 150,000.00
22-018 Early Childhood Development Site Grants 29,774.00 ARPA-G City Net - Year 2 costs with "Rapid Rehousing" 503,000.00 22-019 Local Business Development Incentives 150,000.00 ARPA-F Community Foundation 35,000.00
23-002 Artesia Main Line Replacement 600,000.00
Unallocated 80,261.95
11,773,274.00
3.A.4.a
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Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Prior Current Total City
Item # Description Estimate Expenditures Expenditures Expenditures Contribution Remaining Category D - Investments to Infrastructure
20-004 New Grand Well 2,500,000.00 1,451,789.84 331,132.26 1,782,922.10 717,077.90 22-010 New Grand Well Treatment Plant 2,500,000.00 - - - 2,500,000.00 22-005 Bath Well Treatment Plant 2,500,000.00 47,090.75 37,995.00 85,085.75 2,414,914.25 Category C - Revenue Loss
ARPA-A Lead Service Line Replacement Program 100,000.00 - -
- 100,000.00
22-011 SCADA Replacement 400,000.00 -
- - 400,000.00
CP -003 A Cottonwood Lift Station 65,834.38 65,834.38 - 65,834.38 - CP-003 B Sewer Main Line Replacement (Tahquitz) 500,000.00 14,250.00 690.00 14,940.00 485,060.00 ARPA-B Mobile Bypass Pump 60,000.00 85,178.22 - 85,178.22 (25,178.22) -
22-013 Civic Center/Main Street/Broadband 150,000.00 - - - 150,000.00
ARPA-C Community Development Software Upgrade 379,500.00 220,272.50 45,685.62 265,958.12 113,541.88 ARPA-D City Hall Queue Management System 12,000.00 8,436.59 - 8,436.59 3,563.41 18-007 Soofa Sign 18,000.00 18,000.00 - 18,000.00 -
22-014 City Hall Front Lobby/Office Remodel 80,000.00 81,804.04 - 81,804.04 (1,804.04) - 22-015 Community Center Remodel 73,903.67 73,903.67
- 73,903.67 -
22-009 Fitness Court at Mistletoe Park 186,000.00 205,637.33 - 205,637.33 (19,637.33) - 22-016 Splashpad at Sallee Park 700,000.00 - - - 700,000.00
3.A.4.a
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Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Prior Current Total City
Item # Description Estimate Expenditures Expenditures Expenditures Contribution Remaining 22-017 Small Business Grants 150,000.00 52,500.00 - 52,500.00 97,500.00 22-018 Early Childhood Development Site Grants 29,774.00 - - - 29,774.00 ARPA-G City Net - Year 2 costs with "Rapid Rehousing" 503,000.00 - - - 503,000.00 22-019 Local Business Development Incentives 150,000.00 - - - 150,000.00 ARPA-F Community Foundation 35,000.00 - - - 35,000.00
23-002 Artesia Main Line Replacement 600,000.00 7,589.00 338,582.00 346,171.00 253,829.00 Unallocated 80,261.95 80,261.95
11,773,274.00 2,324,697.32 754,084.88 3,086,371.20 (46,619.59) 8,733,522.39
3.A.4.a
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Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
New Grand Well - Design/Engineering/Construction
CIP #20-004 - ARPA Subcategory 5.13
Estimate: $2,500,000
Start date: 04/28/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
02/08/2023 Kyle Groundwater Engineering Svcs 10,288.46
01/06/2023 Kyle Groundwater Engineering Svcs 13,890.00
12/27/2022 Yellow Jacket Drilling Grand Well Drilling 202,823.80 11/30/2022 Yellow Jacket Drilling Grand Well Drilling 80,605.00 01/24/2022 Kyle Groundwater Grand Well Drilling 23,525.00 Current expenditures 331,132.26
Prior expenditures 1,451,789.84
Total 1,782,922.10
Estimate 2,500,000.00
Remaining 717,077.90
3.A.4.a
Packet Pg. 21
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
New Grand Well Treatment Plant - Design/Engineering/Construction CIP #22-010 - ARPA Subcategory 5.10
Estimate: $2,500,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 2,500,000.00
Remaining 2,500,000.00
3.A.4.a
Packet Pg. 22
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Bath Well Treatment Plant - Design/Engineering/Construction CIP #22-005 - ARPA Subcategory 5.10
Estimate: $2,500,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
02/20/2023 Civiltec Engineering Engineering Services 19,401.25 01/13/2023 Civiltec Engineering Engineering Services 7,650.00 12/15/2022 Civiltec Engineering Engineering Services 3,038.75 03/14/2022 Civiltec Engineering Engineering Services 7,905.00 Current expenditures 37,995.00
Prior expenditures 47,090.75
Total 85,085.75
Estimate 2,500,000.00
Remaining 2,414,914.25
3.A.4.a
Packet Pg. 23
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Lead Service Line Replacement - Initial inspection
Project "ARPA-A" - ARPA Subcategory 6.1
Estimate: $100,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 100,000.00
Remaining 100,000.00
3.A.4.a
Packet Pg. 24
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
SCADA Replacement
CIP #22-011 - ARPA Subcategory 6.1
Estimate: $400,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 400,000.00
Remaining 400,000.00
3.A.4.a
Packet Pg. 25
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Cottonwood Lift Station
CIP #CP-003A - ARPA Subcategory 6.1
Estimate: $75,000
Start date: 02/01/22 - End date: 02/02/22
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures 65,834.38
Total 65,834.38
Estimate at 09/30/2022 75,000.00
Adjustment (9,165.62)
Estimate at 12/31/2022 65,834.38
Remaining -
3.A.4.a
Packet Pg. 26
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Sewer Main Line Replacement (Tahquitz)
CIP #CP-003B - ARPA Subcategory 6.1
Estimate: $500,000
Start date: 10/13/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Tri Lake Consultants Tahquitz Sewer Plans 690.00
Current expenditures 690.00
Prior expenditures 14,250.00
Total 14,940.00
Estimate 500,000.00
Remaining 485,060.00
3.A.4.a
Packet Pg. 27
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Parkside Village Stormwater Basin - Design/Engineering/Construction CIP #22-003 - ARPA Subcategory 6.1
Estimate: $155,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate at 06/30/2022 155,000.00
Adjustment (155,000.00)
Estimate at 09/30/22 -
Remaining -
3.A.4.a
Packet Pg. 28
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Sanderson Stormwater Culverts - Design/Engineering/Construction CIP #22-012 - ARPA Subcategory 6.1
Estimate: $500,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate at 06/30/2022 500,000.00
Adjustment (500,000.00)
Estimate at 09/30/22 -
Remaining -
3.A.4.a
Packet Pg. 29
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Mobile Bypass Pump
Project "ARPA-B" - ARPA Subcategory 6.1
Estimate: $60,000
Start date: 03/18/22 - End date: 03/18/22
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures 85,178.22
City Contribution (25,178.22)
Total 60,000.00
Estimate 60,000.00
Remaining -
3.A.4.a
Packet Pg. 30
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Civic Center/Main Street Broadband - Design/Engineering CIP #22-013 - ARPA Subcategory 6.1
Estimate: $150,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 150,000.00
Remaining 150,000.00
3.A.4.a
Packet Pg. 31
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Community Development Software Upgrade
Project "ARPA-C" - ARPA Subcategory 6.1
Estimate: $379,500
Start date: 03/03/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
02/28/2023 Tyler Technologies, Inc Implementation Consulting 26,461.16 01/31/2023 Tyler Technologies, Inc Implementation Consulting 13,859.46 12/31/2022 Tyler Technologies, Inc Implementation Consulting 5,365.00 Current expenditures 45,685.62
Prior expenditures 220,272.50
Total 265,958.12
Estimate 379,500.00
Remaining 113,541.88
3.A.4.a
Packet Pg. 32
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
City Hall Queue Management System
Project "ARPA-D" - ARPA Subcategory 6.1
Estimate: $12,000
Start date: 07/08/21 - End date: 07/08/21
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures 8,436.59
Total 8,436.59
Estimate 12,000.00
Remaining 3,563.41
3.A.4.a
Packet Pg. 33
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Soofa Sign
CIP #18-007 - ARPA Subcategory 6.1
Estimate: $18,000
Start date: 07/20/21 - End date: 07/19/24
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures 18,000.00
Total 18,000.00
Estimate 18,000.00
Remaining -
3.A.4.a
Packet Pg. 34
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
City Hall Front Lobby/Office Remodel
CIP #22-014 - ARPA Subcategory 6.1
Estimate: $80,000
Start date: 06/15/21 - End date: 03/31/2022
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures 81,804.04
City Contribution (1,804.04)
Total 80,000.00
Estimate 80,000.00
Remaining -
3.A.4.a
Packet Pg. 35
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Community Center Remodel
CIP #22-015 - ARPA Subcategory 6.1
Estimate: $90,000
Start date: 08/23/21 - End date: 09/30/2022
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures 73,903.67
Total 73,903.67
Estimate at 09/30/2022 90,000.00
Adjustment (16,096.33)
Estimate at 12/31/22 73,903.67
Remaining -
3.A.4.a
Packet Pg. 36
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Fitness Court at Mistletoe Park
CIP #22-009 - ARPA Subcategory 6.1
Estimate: $186,000
Start date: 07/01/21 - End date: 03/31/22
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures 205,637.33
City Contribution (19,637.33)
Total 186,000.00
Estimate 186,000.00
Remaining -
3.A.4.a
Packet Pg. 37
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Splashpad at Sallee Park
CIP #22-016 - ARPA Subcategory 6.1
Estimate: $700,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 700,000.00
Remaining 700,000.00
3.A.4.a
Packet Pg. 38
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Small Business Grants
CIP #22-017 - ARPA Subcategory 6.1
Estimate: $150,000
Start date: 03/16/21 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures 52,500.00
Total 52,500.00
Estimate 150,000.00
Remaining 97,500.00
3.A.4.a
Packet Pg. 39
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Early Childhood Development Grants
CIP #22-018 - ARPA Subcategory 6.1
Estimate: $29,774
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 29,774.00
Remaining 29,774.00
3.A.4.a
Packet Pg. 40
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
City Net Year 2 Costs with "Rapid Rehousing"
Project "ARPA-G" - ARPA Subcategory 6.1
Estimate: $503,000
Start date: 07/01/23 - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 503,000.00
Remaining 503,000.00
3.A.4.a
Packet Pg. 41
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Local Business Development Incentives
CIP #22-019 - ARPA Subcategory 6.1
Original Estimate: $150,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 150,000.00
Remaining 150,000.00
3.A.4.a
Packet Pg. 42
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Community Foundation
Project "ARPA-F" - ARPA Subcategory 6.1
Original Estimate: $35,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 35,000.00
Remaining 35,000.00
3.A.4.a
Packet Pg. 43
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1)
CITY OF SAN JACINTO
ARPA REPORTING SCHEDULE
REPORTING PERIOD: 01/01/23 - 03/31/23
Artesia Main Line Emergency Replacement
CIP #23-002 - ARPA Subcategory 6.1
Estimate: $600,000
Start date: TBD - End date: TBD
TRANS DATE VENDOR DESCRIPTION AMOUNT
02/21/2023 4 WEST PIPELINE, INC. Engineering Services 152,191.00 01/31/2023 4 WEST PIPELINE, INC. Engineering Services 112,428.50 11/30/2022 4 WEST PIPELINE, INC. Engineering Services 73,962.50 Current expenditures 338,582.00
Prior expenditures 7,589.00
Total 346,171.00
Estimate 600,000.00
Remaining 253,829.00
3.A.4.a
Packet Pg. 44
Attachment: ARPA Summary Report - 03-31-23 (Report - Use of ARPA Funds CY 23 Q1) May 2, 2023
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2020-1 Annexation 8 (Tax Zone 9) Resolution of Intent 3970 - Esplanade Commons
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory, commonly known as Esplanade Commons, into Community Facilities District No. 2020-1 and Authorize the Levy of Special Taxes therein.
DISCUSSION
The City Council and Planning Commission previously identified the need for a financing mechanism to address maintenance and services associated with improvements resulting from new development within the City. In response, the City Council formed Community Facilities District 2020-1 (the "CFD") and approved the levy of special taxes therein.
The CFD provides funding for services including, but not limited to: maintenance of landscaped areas, parkways, and median improvements throughout the CFD, and maintenance and servicing of streetlights, traffic signals, and appurtenant facilities (the "Services"). The City levies taxes on eligible parcels within the CFD to mitigate the added cost of providing the Services to new development.
The property owner has submitted a Petition to annex into Community Facilities District No. 2020-1. Adoption of the Resolution of Intention is required to annex the territory into the CFD.
The Resolution of Intention approves the CFD annexation boundaries -- commonly known as the site of Esplanade Commons’ new commercial development located at the northwest corner of W Esplanade Ave and S Sanderson Ave -- and sets the Public Hearing date for June 6, 2023, during a regularly scheduled meeting of the City Council. A ballot will be mailed to the property owner(s) within the annexation territory to vote for or against the annexation.
FISCAL IMPACT:
The annexation of this territory into the CFD will assist in mitigating the cost of providing the Services. In Fiscal Year 2023/2024, it is anticipated that the CFD will collect $32,823 in special tax revenue based on full project buildout. If the property owner fails to perform maintenance of certain improvements to the City's standards, an additional contingent special tax defined in the CFD's Rate and Method of Apportionment would also be levied.
ATTACHMENTS:
Resolution No. 3970 - Resolution of Intention for CFD 2020-1 Annex. No. 8
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CFD 2020-1 Annex. No. 8 Boundary Map
3.A.5
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Resolution No. 3970
STATE OF CALIFORNIA) RESOLUTION NO. 3970
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO DECLARING INTENTION TO ANNEX
TERRITORY TO SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2020-1 AND ADOPTING A MAP OF THE
AREA PROPOSED TO BE ANNEXED THERETO
(ANNEXATION NO. 8 TO CFD 2020-1 (TAX ZONE NO. 9))
WHEREAS, the City Council (the "City Council") of the City of San Jacinto (the "City") has established San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the "District") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, it is necessary that certain parcels of property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982," (the "Act") to annex territory to the District by complying with the procedures set forth in said Article 3.5;
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of San Jacinto as follows:
Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.
Section 2. Name of District. The name of the existing Community Facilities District is San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California.
Section 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory described in Exhibit "A" attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.
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Attachment: Resolution No. 3970 - Resolution of Intention for CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annexation 8 (Tax Zone 9) Resolution of Resolution No. 3970
Section 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map of the District recorded on May 20, 2020, in Book 85 of Maps of Assessment and Community Facilities Districts, page 14, and as Instrument No 2020-0214738 in the official records of the County of Riverside. The territory proposed to be annexed to the District is described in Exhibit "A" attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 8, Community Facilities District No. 2020-1 (Tax Zone No. 9) of the City of San Jacinto, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map").
Section 5. Types of Services; Incidental Expenses; Plan for Providing Services. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is set forth in Exhibit "B" attached hereto and by reference made a part hereof. The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout the District and the territory proposed to be annexed thereto for the benefit of all owners of property and residents of the District and the territory proposed to be annexed thereto. All owners of taxable parcels of property within the District and the territory proposed to be annexed thereto shall pay special taxes at the same rate to finance the annual cost of providing such services. The services to be provided and financed by the District, as previously described, are necessary to meet increased demands placed upon the City as a result of development occurring within the District and the territory proposed to be annexed thereto.
Section 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 5 above and the annual administrative expenses of the City and the District in determining, apportioning, levying, and collecting such special taxes, shall be annually levied within the territory proposed to be annexed to the District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided however, that the District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit "C" attached hereto and by this reference made a part hereof.
Section 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the
3.A.5.a
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Attachment: Resolution No. 3970 - Resolution of Intention for CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annexation 8 (Tax Zone 9) Resolution of Resolution No. 3970
map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 8 hereof.
Section 8. Hearing. A public hearing on the proposed annexation of said territory to the District shall be held at 6:30 p.m. on Tuesday, June 6, 2023, in the San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California.
Section 9. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the District as prescribed by Section 53339.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53339.4.
Section 10. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the District shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the "protest hearing"), at least 12 persons are registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code ("Section 53326") and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election.
(b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is, therefore, to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
3.A.5.a
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Attachment: Resolution No. 3970 - Resolution of Intention for CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annexation 8 (Tax Zone 9) Resolution of Resolution No. 3970
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326, which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable. (2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if
3.A.5.a
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Attachment: Resolution No. 3970 - Resolution of Intention for CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annexation 8 (Tax Zone 9) Resolution of Resolution No. 3970
the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the territory proposed to be annexed to the District.
(6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following:
(i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o'clock p.m. on the date of the election. (8) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.
The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
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Attachment: Resolution No. 3970 - Resolution of Intention for CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annexation 8 (Tax Zone 9) Resolution of Resolution No. 3970
PASSED, APPROVED, and ADOPTED this 2
nd day of May 2023 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
________________________________
Alonso Ledezma, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney
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Attachment: Resolution No. 3970 - Resolution of Intention for CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annexation 8 (Tax Zone 9) Resolution of Resolution No. 3970
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3970 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 2 nd day of May 2023.
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 2
nd day of May 2023.
________________________________
Julia Espinoza, City Clerk
City of San Jacinto
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EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN
JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
APN: 432-280-035 & 432-280-036
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EXHIBIT "B"
DESCRIPTION OF SERVICES
The types of services proposed to be provided for and financed by the proposed District are:
(a) the maintenance of landscaped areas, parkways, and medians improvements throughout the District and public rights-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, graffiti removal, replacement, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the District; and (b) the maintenance and servicing of streetlights, traffic signals, and appurtenant facilities, including, but not limited to, furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Act.
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EXHIBIT "C"
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax shall be levied and collected in Community Facilities District No. 2020-1, City of San Jacinto ("CFD 2020-1") each Fiscal Year, in an amount determined by the application of the procedures described below. All of the Taxable Property (as defined below) in CFD 2020-1, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
I. DEFINITIONS
The terms used herein shall have the following meanings:
"Accessory Dwelling Unit" means a secondary residential unit of limited size, as defined in California Government Code Section 65852.1 as that may be amended from time to time, that shares a Parcel with a Unit of Single Family Detached Property. "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map or in the Assessor's Data for each Assessor's Parcel. In the event the Assessor's Parcel Map or Assessor's Data shows no acreage, the Acreage for any Assessor's Parcel shall be determined by the CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other recorded County parcel map or calculated using available spatial data and GIS. The square footage of an Assessor's Parcel is equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD 2020-1: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Taxes, including any charges levied by the County Auditor's Office, Tax Collector's Office or Treasurer's Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Taxes; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in CFD 2020-1. "Affordable Housing Property" means, in any Fiscal Year, all or a portion of any Assessor's Parcel within the boundaries of CFD 2020-1 that is subject to a deed
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restriction, resale restriction, or regulatory agreement recorded in favor of the City of San Jacinto that restricts Unit rents or prices chargeable to lower-income households. "Affordable Multi-Family Property" means Multi-Family Property that is also Affordable Housing Property.
"Affordable Single Family Attached Property" means Single Family Attached Property that is also Affordable Housing Property.
"Affordable Single Family Detached Property" means Single Family Detached Property that is also Affordable Housing Property.
"Agricultural Property" means all Assessor's Parcels of Developed Property in CFD 2020-1 that are used for farming or agriculture according to Assessor's Data or as otherwise known by the CFD Administrator.
"Annual Services Costs" means the amounts required to fund services authorized to be funded by CFD 2020-1.
"Annual Special Tax Requirement" means that amount with respect to CFD 2020-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) the Contingent Special Tax Requirement, (4) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD 2020-1, and (5) reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year.
"Assessor's Data" means Acreage or other Parcel information contained in the records of the County Assessor.
"Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County for purposes of identification.
"Backup Contingent Special Tax" means the Backup Contingent Special Tax applicable to each Assessor’s Parcel of Taxable Property, as determined in accordance with Section III below.
"Backup Special Tax" means the Backup Special Tax applicable to each Assessor’s Parcel of Taxable Property, as determined in accordance with Section III below. “Boundary Map” means that map recorded with the County Recorder’s office on the 20th day of May in Book 85 at Page 14 as Document Number 2020-0214738.
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“Building Square Foot(age)” means the structure square footage as shown in the building permit issued or as contained in the County Assessor’s Data. “CFD 2020-1” means the Community Facilities District No. 2020-1, City of San Jacinto, County of Riverside, State of California.
“CFD Administrator” means an official of the City, or designee or agent or consultant, responsible for administering the Special Tax in accordance with this Rate and Method of Apportionment.
“City” means the City of San Jacinto, County of Riverside, California. “City Council” means the City Council of the City, acting as the legislative body of CFD 2020-1.
“Commercial Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for a commercial use, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Contingent Services” means those services to be provided initially by a POA or a property owner where an irrevocable offer of dedication, public easement or other instrument allows for the dedication of improvements to the City so that the City or contractor(s) of the City may provide such services should the POA or property owner be unable to provide the Contingent Services to the City’s standards or pay for the costs of such services. The actual services that are considered Contingent Service may differ within each Tax Zone.
“Contingent Special Tax” means that amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax Requirement. “Contingent Special Tax Requirement” means that amount with respect to each Tax Zone as required in any Fiscal Year if the POA is unable to provide the Contingent Services to the City’s standards or pay for the costs of Contingent Services incurred or otherwise payable.
“County” means the County of Riverside, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2020-1 for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year. Agricultural Property used for farming or agriculture is considered Developed Property even if no structure is on the Parcel. “Exempt Property” means all property located within the boundaries of CFD 2020-1 which is exempt from the Special Tax pursuant to Section V below. “Fiscal Year” means the period from July 1st of any calendar year through June 30th of the following calendar year.
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“Future Annexation Area” means the area designated for future annexation to CFD 2020-1 as shown in the CFD 2020-1 Boundary Map, as may be amended from time to time.
“GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for an industrial use, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Maximum Contingent Special Tax” means the maximum Contingent Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III. “Mixed Use Property” means all Assessor’s Parcels of Developed Property that have more than one property classifications, allowing for both residential and other use types on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, the Special Tax shall be calculated and levied for each use type present on the Assessor’s Parcel.
“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued, that is not used for people to live in, and does not include Agricultural Property, Commercial Property, Multi-Family Property, Industrial Property or Public Property, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Parcel” means a lot or parcel with a parcel number assigned by the Assessor of the County.
“Property Owner’s Association” or “POA” means any property owner’s association established to provide Contingent Services within a Tax Zone. “Property Owners Association Property” means any property within the boundaries of CFD 2020-1 which is (a) owned by a property owners’ association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. As used in this definition, a property owner association includes any master or sub-association.
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“Proportionately” means, for Developed Property that the ratio of the Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors’ Parcels of Developed Property within CFD 2020-1. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Undeveloped Property within CFD 2020-1.
“Public Property” means any property within the boundaries of CFD 2020-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way making the property unusable for any other purpose has been granted to the federal government, the State of California, the County, the City, or any local government or other public agency.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex triplex, or fourplex unit, which may share a Parcel with another duplex, triplex or fourplex Unit(s)), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures that meet the statutory definition of a condominium project contained in Civil Code Section 4125, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “Tax Escalation Factor” means a factor equal to the annual change in the April to April Riverside-San Bernardino-Ontario CPI-U Index up to a maximum factor of 5% that will be applied annually after Fiscal Year 2020/21 to increase the Maximum Special Tax rates shown in Section III.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All of the Taxable Property within CFD 2020-1 at the time of its formation is within Tax Zone No. 1.
Additional Tax Zones may be created when property is annexed to CFD 2020-1, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone
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when such Parcels are annexed to CFD 2020-1 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all Parcels within the boundary of CFD 2020-1 that are not Exempt Property, or exempt from the Special Tax pursuant to the Act or Section V below.
“Undeveloped Property” means all Parcels of Taxable Property that are not Developed Property.
“Unit” means any individual single family detached or attached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure. An Accessory Dwelling Unit that shares a Parcel with a Unit of Single Family Detached Property, Single Family Attached Property shall not be considered a separate Unit for purposes of calculating the Special Tax.
“Welfare Exempt Property” means all Parcels within the boundaries of CFD 2020-1 that have been granted a welfare exemption pursuant to Section 53340 (c) under the Act under subdivision (g) of Section 214 of the Revenue and Taxation Code by the County.
II. DETERMINATION OF TAXABLE PARCELS
On or about July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD 2020-1. If any Assessor’s Parcel Numbers are no longer valid from the previous Fiscal Year, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated or otherwise reconfigured, the Maximum Special Tax rates shall be assigned to the new Assessor’s Parcels pursuant to Section III. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units each Parcel contains; (iv) the property type, i.e. Single Family Detached Property, etc; and (iv) the Annual Special Tax Requirement for the Fiscal Year.
III. SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to a Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD 2020-1 by the method shown below.
First. Determine the Annual Special Tax Requirement.
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Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax described in the table below to satisfy the Annual Special Tax Requirement.
Third. If additional monies are needed to satisfy the Annual Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property.
Under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2020-1.
TABLE 1
SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Special Tax
Rate Per
Expected
Special Tax
Revenue
Commercial Property $1,585.20 Acre $13,601.00
Undeveloped Property $1,585.20 Acre $13,601.00
*On each July 1, commencing on July 1, 2021, the
Maximum Special Tax Rate and Expected Special Tax
Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.
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TABLE 2
CONTINGENT SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Contingent
Special Tax
Rate
Per
Expected
Contingent
Special Tax
Revenue
Commercial Property $5,406.45 Acre $46,387.30
Undeveloped Property $5,406.45 Acre $46,387.30
*On each July 1, commencing on July 1, 2021, the
Maximum Special Tax Rate and Expected Contingent
Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.
Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the greater of the Special Tax as show in Table 1 or the Backup Special Tax.
The Maximum Contingent Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the greater of the Contingent Special Tax as show in Table 2 or the Backup Contingent Special Tax.
Backup Special Taxes
The Backup Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the rate per Acre that results in the Expected Special Tax Revenue for each Tax Zone.
The Backup Contingent Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the rate per Acre that results in the Expected Contingent Special Tax Revenue for each Tax Zone.
A different Maximum Special Tax rate may be identified in Tax Zones added to CFD 2020-1 as a result of future annexations.
In some instances, an Assessor’s Parcel of Developed Property may contain more than one type of property. The Maximum Special Taxes levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Units located on that Assessor’s Parcel.
IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.
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V. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Taxes shall be levied on Public Property, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act.
Additionally, Welfare Exempt Property, shall be reimbursed for Special Tax levied and paid. A property owner must provide documentation of the exemption within one calendar year after having paid the Special Taxes for which an exemption has been granted. A refund of the amount of Special Taxes paid for the Fiscal Year the exemption has been granted will be provided to the owner of Welfare Exempt Property who was granted the exemption.
VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
VII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD 2020-1, and may collect delinquent Special Taxes through foreclosure or other available methods.
A Special Tax shall continue to be levied and collected within CFD 2020-1, as needed to fund the Annual Special Tax Requirement, in perpetuity.
VIII. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct.
The appeal must be filed not later than one calendar year after having paid the Special Taxes that are disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Taxes are in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.
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If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Taxes to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Taxes, but an adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
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CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ATTACHMENT 1
SPECIAL TAX RATES
Tax
Zone APNs
Base
Year* Rate
Expected
Special Tax
Revenue
9 432-280-035 &
432-280-036 2022/23 $16,494/Acre (Commercial Property) $32,823.06 * On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax Rate and Expected Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.
CONTINGENT SPECIAL TAX RATES
Tax
Zone APNs
Base
Year* Rate
Expected
Contingent
Special Tax
Revenue
9 432-280-035 &
432-280-036 2022/23 $6,759/Acre (Commercial Property) $13,450.41 * On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax Rate and Expected Contingent Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.
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Attachment: Resolution No. 3970 - Resolution of Intention for CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annexation 8 (Tax Zone 9) Resolution of ANNEXATION MAP NO. 8 OF
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ANNEXATION NO. 8 (TAX ZONE NO. 9)
FILEDINTHEOFFICEOFTHECITY CLERKOFTHECITY OFSANJACINTO THIS________DAY OF____________, 20____.
________________________________________
CITY CLERK
CITY OFSANJACINTO
RIVERSIDECOUNTY ,CALIFORNIA
IHEREBY CERTIFY THATTHEWITHINMAP SHOWINGTHEP ROP OSEDBOUNDARIESOFANNEXATIONNO.8TOCITY OFSANJACINTOCOMMUNITY FACILITIESDISTRICTNO.2020-1ANNEXATIONNO.8(TAXZ ONENO.9),COUNTY OF
RIVERSIDE,STATEOFCALIFORNIA,WASAP P ROVEDBY THECITY COUNCILOFTHECITY OFSANJACINTO,ATA MEETING THEREOF, HELD ON THE _____ DAY OF ____________, 20____, BY ITS RESOLUTION NO. __________________.
________________________________________
CITY CLERK
CITY OFSANJACINTO
RIVERSIDECOUNTY ,CALIFORNIA
FILEDTHIS________DAY OF____________,20____,ATTHEHOUROF_______O’CLOCK__M,INBOOK________OF MAP SOFASSESSMENTANDCOMMUNITY FACILITIESDISTRICTSATP AGE______INTHEOFFICEOFTHECOUNTY RECORDEROFTHECOUNTY OFRIVERSIDE,STATEOFCALIFORNIA.
____________________________
DEP UTY
COUNTY RECORDER
COUNTY OFRIVERSIDE,CALIFORNIA
FORP ARTICULARSOFTHELINESANDDIMENSIONSOFASSESSORP ARCELS,REFERENCEISMADETOTHEMAP S OFTHEASSESSOR,COUNTY OFRIVERSIDE,STATEOFCALIFORNIA.
REFERENCEISHEREBY MADETOTHATCERTAINMAP ENTITLED“P ROP OSEDBOUNDARY MAP OFCITY OFSAN JACINTOCOMMUNITY FACILITIESDISTRICTNO.2020-1,COUNTY OFRIVERSIDE,STATEOFCALIFORNIA”FILEDTHE 20TH DAY OFMAY ,2020,ATTHE HOUR OF11:04O’CLOCKA.M.IN BOOK85OFMAP SOFASSESSMENTAND COMMUNITY FACILITIESDISTRICTSATP AGE14ANDASINSTRUMENTNO.2020-0214738INTHEOFFICEOFTHE
COUNTY RECORDERFORTHECOUNTY OFRIVERSIDE,STATEOFCALIFORNIA,WHICHTHISANNEXATIONMAP AFFECTS.CERTAIN ANNEXATION P ROCEEDINGS HAVE BEEN CONDUCTED WHICH HAVE ADDED OTHER TERRITORY TOTHISCOMMUNITY FACILITIESDISTRICTNOIDENTIFIEDINTHISBOUNDARY MAP .
CITY OF SAN JACINTO
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Attachment: CFD 2020-1 Annex. No. 8 Boundary Map (CFD 2020-1 Annexation 8 (Tax Zone 9) Resolution of Intent 3970 - Esplanade Commons) May 2, 2023
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory, commonly known as Esplanade Commons, into Community Facilities District No. 2003-1 and Authorize the Levy of Special Taxes therein.
DISCUSSION:
The City Council and Planning Commission previously identified the need for additional funding for increased service levels of police protection and fire protection and suppression services necessitated by new development within the City. In response, the City Council formed Community Facilities District 2003-1 (the "CFD") and approved the levy of special taxes therein.
The City levies a special tax on eligible parcels within the CFD to mitigate the added cost of providing public safety services to new development.
The property owner(s) have submitted a Petition to annex into Community Facilities District No. 2003-1. Adoption of the Resolution of Intention is required to annex the territory into the CFD.
The Resolution of Intention approves the annexation boundaries -- commonly known as the site of Esplanade Commons’ new commercial development located at the northwest corner of W Esplanade Ave and S Sanderson Ave -- and sets the Public Hearing date for June 6, 2023, during a regularly scheduled meeting of the City Council. A ballot will be mailed to the property owner(s) within the annexation territory to vote for or against the annexation.
FISCAL IMPACT:
The annexation of territory into CFD 2003-1 will assists in mitigating the cost of providing police protection and fire protection and suppression services. In Fiscal Year 2023/2024, it is anticipated that the CFD will collect approximately $2,033 in special tax revenue based upon current project buildout.
ATTACHMENTS:
Resolution No. 3971 - Resolution of Intention CFD 2003-1 Annex. No. 64 CFD 2003-1 Annex. No. 64 - Boundary Map
Exhibit B CFD 2003-1 - RMA
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Resolution No. 3971
RESOLUTION NO. 3971
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO DECLARING ITS INTENTION TO
ANNEX TERRITORY INTO COMMUNITY FACILITIES
DISTRICT NO. 2003-1 AND TO AUTHORIZE THE LEVY
OF SPECIAL TAXES THEREIN
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 64
WHEREAS, the City Council (the “Council”) of the City of San Jacinto (the “City”) has previously conducted proceedings to establish Community Facilities District No. 2003-1 (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, the Council has received a petition (including waivers) from the landowner requesting that it annex into the CFD under the Act, to provide for the costs of services, and the Council now desires to commence proceedings to annex territory into the CFD as described herein; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows:
SECTION 1. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.
SECTION 2. The name of the existing CFD is “City of San Jacinto Community Facilities District No. 2003-1.”
SECTION 3. A general description of the territory included in the existing CFD is hereinafter described as follows: All that property and territory as originally included in the existing CFD heretofore recorded as Instrument No. 2003- 995886 in the office of the County Recorder for the County of Riverside on December 22, 2003 in Book 55 at Page 58-59 of Maps of Assessments and Community Facilities Districts, to which map reference is hereby made, and as such map was amended as a result of prior annexations.
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Attachment: Resolution No. 3971 - Resolution of Intention CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Resolution No. 3971
A description of the boundaries and territory proposed to be annexed is as follows: All that territory proposed to be annexed to the CFD is as shown on the Annexation Map for Annexation No. 64 to the CFD, on file with the City Clerk, the boundaries of which territory are hereby preliminary approved and to which map reference is hereby made for further particulars. The area proposed to be annexed to the CFD is as shown on the Annexation Map identified in Exhibit A. The City Clerk is hereby directed to cause to be recorded such Annexation Map, showing the territory to be annexed, in the office of the County Recorder of the County of Riverside within fifteen days of the date of adoption of this resolution.
SECTION 4. The type of services financed by the CFD and pursuant to the Act shall consist of those services described as follows: (a) police protection services, including but not limited to, criminal justice services, and (b) fire protection and suppression services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be annexed to the CFD.
SECTION 5. Except to the extent that funds are otherwise available to the CFD to pay for the services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD (including the property to be annexed thereto), is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council shall determine including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B to this Resolution of Intention.
SECTION 6. The special tax proposed to be levied for services to be supplied within the territory proposed to be annexed will be equal to the special taxes levied to pay for the same services in the CFD, except that a higher or lower special tax may be levied within the territory proposed to be annexed to the extent that the actual cost of providing the services in that territory is higher or lower than the cost of providing those services in the CFD. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the CFD Rate and Method in Exhibit B.
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Attachment: Resolution No. 3971 - Resolution of Intention CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Resolution No. 3971
SECTION 7. Notice is given that on Tuesday, June 6, 2023, at 6:30 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Council at the City of San Jacinto, Community Center, 625 S. Pico Avenue, San Jacinto, California, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD, and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.
SECTION 8. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be annexed to the CFD. The publication of the notice shall be completed at least seven days before the date herein set for said hearing. The City Clerk may also cause a copy of such notice to be mailed to the registered voters and land owners within the territory proposed to annexed, which shall be mailed at least fifteen days before the date of said hearing. The notice shall be substantially in the form of Exhibit C hereto.
SECTION 9. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, and ADOPTED this 2
nd day of May 2023, by the
following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
______________________________
Alonso Ledezma, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER, LLP.
______________________________
Michael J. Maurer, City Attorney
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Attachment: Resolution No. 3971 - Resolution of Intention CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Resolution No. 3971
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3971 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 2 nd day of
May 2023.
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 2nd day of May 2023. ______________________________
Julia Espinoza, City Clerk
City of San Jacinto
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Attachment: Resolution No. 3971 - Resolution of Intention CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Resolution No. 3971
EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 64
ANNEXATION MAP
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Attachment: Resolution No. 3971 - Resolution of Intention CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Resolution No. 3971
EXHIBIT B
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 64
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
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Attachment: Resolution No. 3971 - Resolution of Intention CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Resolution No. 3971
EXHIBIT C
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 64
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that at 6:30 p.m. on June 6, 2023, or as soon thereafter as practicable, the City Council of the City of San Jacinto, (the “City Council”) will hold a public hearing on the Annexation of territory (“Annexation No. 64”) to City of San Jacinto Community Facilities District No. 2003-1 (the "CFD"), the proposed rate, and method of apportionment of the special tax (the "Special Tax") to be levied on certain property within Annexation No. 64. It is anticipated that the public hearing may be held virtually by teleconference or web conference only. The virtual location will be identified on the agenda, in accordance with the Brown Act, for the meeting during which this public hearing will be conducted. If held in person, the public hearing will be conducted at the Council Chambers, 625 South Pico, San Jacinto California. Please check the agenda, which will be posted on the City’s website, prior to the meeting for the location of the public hearing and related instructions.
On May 2, 2023, the City Council adopted Resolution No. 3971 (the “Resolution of Intention”) declaring its intention to annex Annexation No. 64 to the CFD pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”), and to levy Special Taxes to finance police services, fire protection and suppression services.
The following are types of services to be provided for and financed by Annexation No. 64:
(a) police protection services, including but not limited to, criminal justice services, and (b) fire protection and suppression services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be annexed to the CFD.
Except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the boundaries of the CFD and Annexation No. 64. Commencing with Fiscal Year 2003-04 a Maximum Special Tax shall be levied as follows: Special Tax A (1) $350 per unit for Single-Family Property; (2) $262.50 per unit for Apartment Property; (3) $0.119 per SF of Floor Area for Non-Retail Commercial/Industrial Property.
Special Tax B (1) $600.00 per unit for Single-Family Property; (2) $450.00 per unit for
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Attachment: Resolution No. 3971 - Resolution of Intention CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Resolution No. 3971
Apartment Property; (3) $0.204 per SF of Floor Area for Non-Retail Commercial/Industrial Property. The Special Tax B is a one-time special tax that shall be collected by the City at the time a building permit for new construction is issued for an Assessor’s Parcel of Taxable Property. For each subsequent fiscal year, the Maximum Special Tax A and Special Tax B shall be increased by the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6.00%) and a minimum increase of two percent (2.00%) of the amount in effect in the previous Fiscal Year.
Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in error may file a written notice with the CFD Administrator appealing the levy of the Special Tax. This notice is required to be filed with the CFD Administrator during the fiscal year the error is believed to have occurred. The City and/or CFD Administrator will then promptly review the appeal and, if necessary, meet with the taxpayer. If the City and/or CFD Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a credit shall be applied to the Special Tax levied on such parcel in the subsequent fiscal year.
The Special Tax as levied pursuant to Section D of the Rate and Method of Apportionment, shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may direct bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary, to meet the financial obligations of Annexation No. 64 and the CFD, or as otherwise determined appropriate by the City.
The Special Tax shall be levied in perpetuity to fund Public Services provided to Annexation No. 64 of the CFD.
If at least 12 persons have been registered to vote within the territory to be annexed to the CFD for each of the 90 days preceding the close of the public or protest hearing, the vote in the special election shall be by the registered voters of Annexation No. 64 with each voter having one vote. In that event, the special election shall be conducted by the Registrar of Voters of the County of Riverside and shall be held on a date selected by the City Council and the ballots for the special election shall be distributed to the qualified electors of Annexation No. 64 by mail with return postage prepaid, and the special election shall be conducted as a mail ballot election.
If at the time of the close of the protest hearing less than 12 persons have been registered to vote within the territory of Annexation No. 64, the vote shall be by the landowners of Annexation No. 64, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within Annexation No. 64. In that event, the special election shall be conducted by the City Clerk.
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Attachment: Resolution No. 3971 - Resolution of Intention CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Resolution No. 3971
At the hearing, the testimony of all interested persons, including all taxpayers or persons owning property in the area, for or against the annexation of Annexation No. 64 to the CFD, the extent of Annexation No. 64, the furnishing of a specified type or types of public facilities or services, will be heard. If 50 percent or more of the registered voters residing within the territory proposed to be annexed to the CFD, or the owners of one-half or more of the area of the land in the territory proposed to be annexed to the CFD and not exempt from the Special Tax, file written protests against the annexation of Annexation No. 64 to the CFD, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to annex Annexation No. 64 to the CFD or to levy the Special Tax shall be taken for a period of one year from the date of the decision of the City Council. If the majority protests of the registered voters or the landowners are only against the furnishing of a specified type or types of facilities or services within Annexation No. 64, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of annexation. Protests can be delivered or mailed to the City Clerk at 595 S. San Jacinto Avenue, San Jacinto, CA 92583.
All capitalized terms not defined herein shall be as defined in the Resolution of Intention to Annex Territory to the CFD. The complete texts of the Resolution of Intention to Annex Territory to the CFD, the proposed Rate and Method of Apportionment of the Special Tax among parcels of real property in the CFD and Annexation No. 64, and the Boundary Map of Annexation No. 64 are on file in the office of the City Clerk and available for public inspection.
If you have any questions, please call NBS at (800) 676-7516.
Sincerely,
City Clerk
City of San Jacinto
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Attachment: Resolution No. 3971 - Resolution of Intention CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - ANNEXATION MAP NO. 64 OF
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
FILEDINTHEOFFICEOFTHECITYCLER KOFTHECITYOFSANJACINTOTHIS________DAYOF______________, 20___.
________________________________________
CITYCLER K
CITYOFSANJACINTO
R IVER SIDECOUNTY,CALIFOR NIA
IHER EBYCER TIFYTHATTHEWITHINMAPSHOWINGTHEPR OPOSEDBOUNDAR IESOFANNEXATIONNO.64TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTR ICT NO.2003-1,COUNTY OF R IVER SIDE,STATE OF
CALIFOR NIA,WASAPPR OVEDBYTHECITYCOUNCILOFTHECITYOFSANJACINTO,ATAMEETINGTHER EOF,HELD ONTHE_____DAYOF______________,20___,BYITSR ESOLUTIONNO.__________________. ________________________________________
CITYCLER K
CITYOFSANJACINTO
R IVER SIDECOUNTY,CALIFOR NIA
FILEDTHIS________DAYOF______________,20___,ATTHEHOUR OF_______O’CLOCK__M,INBOOK________OF MAPSOFASSESSMENTANDCOMMUNITYFACILITIESDISTR ICTSATPAGE______INTHEOFFICEOFTHECOUNTY R ECOR DER OFTHECOUNTYOFR IVER SIDE,STATEOFCALIFOR NIA. ____________________________
DEPUTY
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FOR PAR TICULAR SOFTHELINESANDDIMENSIONSOFASSESSOR PAR CELS,R EFER ENCEISMADETOTHEMAPS OFTHEASSESSOR ,COUNTYOFR IVER SIDE,STATEOFCALIFOR NIA.
R EFER ENCEISHER EBYMADETOTHATCER TAINMAPENTITLED“AMENDEDPR OPOSEDBOUNDAR YMAPOFCITY OFSANJACINTO COMMUNITYFACILITIESDISTR ICTNO.2003-1,COUNTYOFR IVER SIDE,STATEOFCALIFOR NIA” FILED THE 22ND DAY OFDECEMBER ,2003,ATTHE HOUR OF8:00O’CLOCKA.M.IN BOOK 55OF MAPS OF ASSESSMENTANDCOMMUNITYFACILITIESDISTR ICTSATPAGES58-59ANDASINSTR UMENTNO.2003-995886IN
THEOFFICEOFTHECOUNTYR ECOR DER FOR THECOUNTYOFR IVER SIDE,STATEOFCALIFOR NIA,WHICHTHIS ANNEXATIONMAPAFFECTS.CER TAINANNEXATIONPR OCEEDINGSHAVEBEENCONDUCTEDWHICHHAVEADDED OTHER TER R ITOR YTOTHISCOMMUNITYFACILITIESDISTR ICTNOIDENTIFIEDINTHISBOUNDAR YMAP.
CITY OF SAN JACINTO
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Attachment: CFD 2003-1 Annex. No. 64 - Boundary Map (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 1
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-1
OF THE CITY OF SAN JACINTO
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2003-1 of the City of San Jacinto ("CFD No. 2003-1") and collected each Fiscal Year commencing in Fiscal Year 2003-2004, in an amount determined by the Council through the application of the appropriate Special Tax for "Developed Property" as described below. All of the real property in CFD No. 2003-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2003-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2003-1 or any designee thereof of complying with City or CFD No. 2003-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2003-1 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2003-1 for any other administrative purposes of CFD No. 2003-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Apartment Property" means any Assessor's Parcel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental, but not purchase, by the general public and under common management. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
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Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 2
"CFD Administrator" means an official of the City, or designee thereof, responsible for calculating the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2003-1" means Community Facilities District No. 2003-1 of the City. "City" means the City of San Jacinto.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2003-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued after March 1, 2003 and as of March 1 of the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30. "Floor Area" for any Non-Residential Property means the total square footage of the building(s) located on such property, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides. The determination of Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel. "Land Use Class" means any of the classes listed in Table 1 and Table 2. "Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special Tax B, as applicable.
"Maximum Special Tax A" means the Maximum Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel. "Maximum Special Tax B" means the Maximum Special Tax B, determined in accordance with Section C.2 below, that can be levied on any Assessor’s Parcel of Taxable Property on a one-time basis, at the time a building permit for new construction is issued for such Assessor’s Parcel.
"Non-Residential Property" means all Assessor’s Parcels for which a building permit(s) was issued for a non-residential use.
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Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 3
"Non-Retail Commercial/Industrial Property" means all Assessor’s Parcels of Developed Property that are considered Non-Residential Property and that are not Retail Commercial Property.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of CFD No. 2003-1 that was owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year.
"Proportionately" means that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Developed Property. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2003-1 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2003-1 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor’s Parcels of Non-Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator. However, if the land use of an Assessor’s Parcel changes, and such Assessor’s Parcel no longer generates retail sales tax, such Assessor’s Parcel shall no longer be considered Retail Commercial Property and shall be classified and taxed according to its use, as determined by the CFD Administrator.
"Single Family Property" means all Assessor’s Parcels of Residential Property for which building permits have been issued for detached residential units, excluding Apartment Property.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement. "Special Tax B" means the one-time Special Tax which is paid directly to the City at the time a building permit for new construction is issued for an Assessor’s Parcel of Taxable Property.
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Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 4
"Special Tax Requirement" means that amount required in any Fiscal Year to meet the needs of CFD No. 2003-1 to: (i) pay for fire protection and suppression services (ii) pay for police protection services (iii) pay Administrative Expenses; less (iv) a credit for any funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator. "State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2003-1 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2003-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Section C.
Residential Property shall be assigned to Land Use Classes 1 and 2 based on the type of structure located on the Assessor's Parcel. Non-Retail Commercial/Industrial Property shall be assigned to Land Use Class 3.
C. MAXIMUM SPECIAL TAX RATE
1. Special Tax A
The Special Tax A is an annual Special Tax that shall be levied on Developed Property to fund the Special Tax Requirement.
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for Fiscal Year 2003-2004 for each Land Use Class is shown below in Table 1.
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Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 5
TABLE 1
Maximum Special Tax A for Developed Property
For Fiscal Year 2003-2004
Community Facilities District No. 2003-1
Land Use Class Description Maximum Special Tax A
1 Single Family Property $350 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail
Commercial/Industrial Property $0.119 per SF of Floor Area (ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2004, the Maximum Special Tax A shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
(iii) Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.
b. Undeveloped Property
No Special Tax A shall be levied on Undeveloped Property.
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Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 6
2. Special Tax B
The Special Tax B is a one-time Special Tax that shall be paid directly to the City at the time a building permit for new construction is issued for an Assessor’s Parcel of Taxable Property.
a. Maximum Special Tax B
The Maximum Special Tax B for Fiscal Year 2003-2004 for each Land Use Class is shown below in Table 2.
TABLE 2
Maximum Special Tax B
For Fiscal Year 2003-2004
Community Facilities District No. 2003-1
Land Use Class Description Maximum Special Tax B
1 Single Family Property $600 per unit
2 Apartment Property $450 per unit
3 Non-Retail
Commercial/Industrial
Property
$0.204 per SF of Floor Area
b. Increase in the Maximum Special Tax B
On each July 1, commencing on July 1, 2004, the Maximum Special Tax B shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2003-2004 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement. The Council shall levy the Special Tax A until the amount of Special Taxes equals the Special Tax Requirement.
The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax A as needed to satisfy the Special Tax Requirement.
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Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 7
Notwithstanding the above, under no circumstances will the Special Tax A levied against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2003-1.
2. Special Tax B
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall levy the Special Tax B on each Assessor’s Parcel that is subject to the Special Tax B at 100% of the applicable Maximum Special Tax B. The Special Tax B shall be collected by the City at the time a building permit for new construction is issued for an Assessor’s Parcel of Taxable Property.
E. EXEMPTIONS
No Special Tax shall be levied on Retail Commercial Property, Property Owner Association Property or Public Property. However, should an Assessor’s Parcel no longer be classified as Retail Commercial Property, Property Owner Association Property or Public Property, its tax-exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
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Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 8
G. MANNER OF COLLECTION
The Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that in Fiscal Year 2004-05 and each Fiscal Year thereafter, CFD No. 2003-1 may directly bill the Special Tax A, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act. Commencing in Fiscal Year 2003-04, the Special Tax B shall be paid directly to the City.
H. TERM OF SPECIAL TAX
The Special Tax A and Special Tax B shall be levied as long as necessary to fund items (i) and (ii) of the Special Tax Requirement.
K:\Clients2\San Jacinto\Mello\Police&Fire CFD\RMA\servicesrma9.doc
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Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons)
EXHIBIT B
CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
MAXIMUM SPECIAL TAX A FOR
DEVELOPED PROPERTY
Land Use
Class Description Fiscal Year 2003-04 Maximum Special Tax A [1] 1 Single Family Property $350.00 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail Commercial/Industrial
Property $0.119 per SF of Floor Area
[1] On each July 1, commencing July 1, 2004, the Maximum Special Tax A for Developed Property shall be increased by the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6.00%) and a minimum increase of two percent (2.00%) of the amount in effect in the previous Fiscal Year.
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Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons)
EXHIBIT C
CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
MAXIMUM SPECIAL TAX B
Land Use
Class Description Fiscal Year 2003-04 Maximum Special Tax B [1] 1 Single Family Property $600.00 per unit
2 Apartment Property $450.00 per unit
3 Non-Retail Commercial/Industrial
Property $0.204 per SF of Floor Area
[1] On each July 1, commencing July 1, 2004, the Maximum Special Tax B for property where a building permit has been issued shall be increased by the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6.00%) and a minimum increase of two percent (2.00%) of the amount in effect in the previous Fiscal Year.
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Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 64 - Resolution of Intent 3971 - Esplanade Commons) May 2, 2023
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Second Reading/Adoption of Ordinance No. 23-02 (ADU'S) RECOMMENDATION:
Staff recommends that the City Council:
1. DETERMINE that the California Environmental Quality Act (“CEQA”) does not apply to the approval or adoption of an Ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law, pursuant to California Public Resources Code section 21080.17; and therefore, Ordinance No. 23-02 is statutorily exempt from the CEQA; and,
2. CONDUCT a second reading and ADOPT Ordinance No. 23-02, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, AMENDING SECTION 17.405.060 OF THE
CITY OF SAN JACINTO MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
DISCUSSION:
On April 18, 2023, the City Council, after holding a duly noticed public hearing, introduced Ordinance No. 23-02 to amend Title 17 – Development Code, Section 17.405.060 pertaining to Accessory Dwelling Units (“ADUs”). The proposed ordinance ensures Title 17 complies with State ADU law, specifically recent changes incorporated through Senate Bill 897. In addition, the proposed ordinance allows the City to update local regulations for the development of ADUs.
The City Council voted to approve the introduction of the proposed ordinance by a unanimous vote of 4 ayes to 0 nays (Mayor Ledezma, absent).
Consideration of ordinances to amend City codes require both a first reading (Introduction) and second reading (Adoption). Adopted ordinances become effective thirty (30) days after the second reading. If adopted by the City Council on May 2, 2023, Ordinance No. 23-02 will become effective on June 1, 2023.
ENVIRONMENTAL REVIEW:
Pursuant to California Public Resources Code section 21080.17, CEQA does not apply to the approval or adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the
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State’s ADU law.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this Ordinance.
ATTACHMENTS:
Ordinance No. 23-02
Exhibit A for Ordinance No. 23-02
ADU City Council Staff Report 4-18-2023
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24438.00000\40873395.1
Ordinance No. 23-02
STATE OF CALIFORNIA ) ORDINANCE NO. 23-02
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, AMENDING SECTION
17.405.060 OF THE CITY OF SAN JACINTO MUNICIPAL
CODE RELATING TO ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, the City of San Jacinto, California (“City”) is a municipal corporation duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by Ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, SB 897 takes effect January 1, 2023, and if the City’s ADU Ordinance does not comply with the requirements imposed by SB 897, the City’s entire existing ADU Ordinance becomes null and void as a matter of law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the approval or adoption of an Ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed Ordinance is statutorily exempt from CEQA in that the proposed Ordinance implements the State’s ADU law.
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Attachment: Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) 24438.00000\40873395.1
Ordinance No. 23-02
SECTION 3. Section 17.405.060 of Chapter 17.405 of the San Jacinto Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.
SECTION 4. Findings. Pursuant to Section 17.720.060, the amendments proposed under Ordinance No. 23-02 are:
1) Consistent with the General Plan and applicable specific plan. Specifically, the amendments further the purpose of residential land uses within the Land Use Element and the intent of the Housing Element. In fact, the Housing Element calls for consistency with state ADU law.
2) Not detrimental to the public interest, health, safety, convenience, or welfare of the City. The amendment further housing goals of the City to provide sufficient, safe, reliable, and affordable housing to all members of the community. 3) Internally consistent with other applicable provisions of the Development Code.
Section 17.405.060 will govern over development and construction of all ADUs within the City. No other standards, with the exception of definitions, may apply to these units, thereby eliminating the possibility of any internal inconsistencies.
SECTION 5. Effective Date. This Ordinance takes effect thirty (30) days after its adoption.
SECTION 6. Publication. The City Clerk shall certify the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of San Jacinto.
SECTION 7. The Community Development Department shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.
SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. If, for any reason, any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
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Attachment: Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) 24438.00000\40873395.1
Ordinance No. 23-02
PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council on the 2nd day of May 2023 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
________________________________
Alonso Ledezma, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney
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Attachment: Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) 24438.00000\40873395.1
Ordinance No. 23-02
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 23-02 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 2
nd day of May 2023, by the following
vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 2nd day of May, 2023. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto
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Attachment: Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) 24438.00000\40873395.1
Ordinance No. 23-02
EXHIBIT A
Amended ADU Regulations
Section 17.405.060 (Accessory Dwelling Units) of Title 17 (Development Code) (follows this page)
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Attachment: Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) ACCESSORY STRUCTURES AND USES 17.405
17.405.060 — Accessory Dwelling Units
This Section establishes standards for residential Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Single-Family Residential Zones:
1. JADU: One (1) JADU shall be permitted on a single-family residentially zoned property, within and incidental to an existing or proposed single-family residence.
2. Interior ADU: One (1) Interior ADU shall be permitted on a single-family residentially zoned property, within and incidental to an existing or proposed single-family residence, or within an existing accessory structure.
3. Detached ADU: One (1) Detached ADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.
B. Multi-Family Residential Zones.
1. Interior ADUs: Interior ADUs shall be permitted within an existing multifamily dwelling structure(s), in existing areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or attached garages. The maximum number of Interior ADU units shall not exceed 25% of the existing multifamily dwelling units, or at least one (1) Interior ADU.
2. Detached ADUs: Two (2) Detached ADUs shall be permitted per lot developed with existing or proposed multiple-family dwelling structure(s), which are completely detached from that multifamily dwelling structure(s).
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Attachment: Exhibit A for Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S))
17.405 ACCESSORY STRUCTURES AND USES
C. Development Standards and Requirements. The following development standards apply to ADUs or JADUs, unless otherwise indicated.
1. All ADUs and Junior ADUs are exempt from a Site Plan Design Review application process; however, the Department will review for compliance with Development Code and any applicable Code or Design Standard during building permit plan check process.
2. ADUs and Junior ADUs are exempt from Density requirements.
3. No structure may be altered, expanded, converted or demolished and reconstructed as an ADU or JADU without first obtaining a Building Permit. Any demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
4. Fire suppression systems shall be installed if the primary dwelling requires such system. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
5. A certificate of occupancy for an accessory dwelling unit shall not be issued before issuance of a certificate of occupancy for the primary dwelling.
6. ADUs or Junior ADUs may be rented separately from the primary residence, but may not be sold or otherwise conveyed from the primary residence, except as provided in Government Code Section 65852.26.
7. ADUs and Junior ADUs shall not be utilized as a short-term rental (rentals of 30 days or less).
8. ADUs and Junior ADUs shall have direct exterior access.
9. ADUs of less than 1,000 square feet and Junior ADUs shall have a maximum of one bedroom.
10. Junior Accessory Dwelling Units:
i. Shall be no more than 500 square feet in floor area. ii. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure. iii. Shall be located entirely within an existing or proposed Single-Family Residence. Enclosed uses within the residence, such as an attached garage, are considered part of the proposed or existing single-family structure.
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Attachment: Exhibit A for Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) ACCESSORY STRUCTURES AND USES 17.405
iv. Shall not be located within an accessory structure. v. Shall have its own separate sanitation facilities or may share sanitation facilities with the existing or proposed single-family structure. If the unit does not include its own separate bathroom, then it must contain an interior entrance to the main living area of the existing or proposed single-family structure.
vi. Shall contain no less than the 150 square feet area minimum required for an efficiency dwelling unit, as defined in Section 17958.10 of the Health and Safety Code.
vii. May includes an efficiency kitchen, as defined in Article 8, or Government Code 65852.2.
viii. Shall require a deed restriction, pursuant to Government Code 65852.22. (a)(3), which shall be recorded prior to occupancy of unit. ix. Shall require that the property owner reside in either the primary dwelling, JADU, or ADU if such site is developed with an ADU, unless the property is entirely owned by another governmental agency, land trust, or housing organization.
11. Accessory Dwelling Units
i. Interior ADUs
a. Shall comply with the underlying Zone development standards for setback, lot coverage, etc., except as provided within this section.
b. Shall not exceed 50% of the existing or proposed primary dwelling floor area or 1,200 square feet, whichever is less.
c. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure.
ii. Detached ADUs
a. Shall comply with the development standards for Accessory Structures for setback, height, lot coverage, etc., except as provided within this section.
b. Shall not exceed 1,200 square feet.
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Attachment: Exhibit A for Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S))
17.405 ACCESSORY STRUCTURES AND USES
c. Shall not exceed 16 feet in overall height, except as provided below. Height is measured above grade to the peak of the structure.
1. On lots located within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code, a Detached ADU shall not exceed 18 feet in height or a maximum of 20 feet in overall height, if additional height is necessary to align the roof pitch on the ADU with the roof pitch of the primary dwelling unit.
2. On lots with an existing or proposed multifamily dwelling that is multistory, a Detached ADU shall not exceed 18 feet in overall height.
d. Shall not be located within the front yard setback area. e. Shall not exceed the lot coverage for the underlying zone. f. Conversion of an existing detached Accessory Structure to an ADU:
1. An existing, legally established, accessory structure may be converted to an ADU or demolished and reconstructed on
the same location and size (with up to a 150 square foot addition for ingress and agrees provided it does not
increase the degree of non-conformity), even if such
structure has non-conforming setbacks or heights,
provided that it complies with all applicable Building and Fire Code standards.
g. Shall maintain a minimum setback of four (4) feet from rear and side lot lines and the primary dwelling. If existing multifamily building has a rear or side yard setback of less than four (4) feet, no modification to the multifamily building will be required as a condition of approving the ADU.
12. Parking.
i. All ADU sites must comply with Chapter 17.330 (Off-Street Parking and Loading Standards) of this code, unless modified by this section. ii. When a garage, carport or other cover parking utilized to satisfy the required parking for the Primary dwelling unit is demolished in
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Attachment: Exhibit A for Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) ACCESSORY STRUCTURES AND USES 17.405
conjunction with the construction of an accessory dwelling unit or is converted to an ADU, such parking is not required to be replaced.
D. Design Features. All ADUs or JADUs shall be designed to be:
1. Compatible with the primary dwelling unit in architectural style, color, exterior materials, roof pitch and window size and placement; and,
2. Provided with its own entrance that is separate from the entrance to the primary dwelling.
E. Landscaping. Landscaping shall be in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation.
F. Animal-keeping. For the purposes of determining the number of animals allowed in compliance with Section 17.430.050 (Animal-Keeping), an ADU shall not be determined to be a separate unit.
G. Nonconformity. Applications to create an ADU shall not be denied due to nonconforming zoning conditions, building code violations or unpermitted structures that do not present a threat to the public health and safety and are not affected by the construction of the ADU.
H. Reporting. The applicant must provide an estimate of the projected annual rent that will be charged for ADU or JADU with the Permit Application. Where unit will not be rented initially, the reported annual rent shall be zero dollars ($0).
I. Administrative Adjustment. In the event that an otherwise compliant detached ADU is limited to less than 800 square feet of total floor area due to limitations enumerated in section C – Development Standards above, including front setbacks, lot coverage, floor area ratio, open space, or limits on size of the accessory dwelling unit relative to the primary dwelling, the Director shall administratively adjust such standard(s) to permit a unit of at least 800 square feet. There is no obligation by the property owner to construct a unit of 800 square feet. (Ord. 19-22, 2019; Ord. 22-19, 2022; Ord.23-02, 20
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Packet Pg. 100 Attachment: Exhibit A for Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S))
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Packet Pg. 101 Attachment: Exhibit A for Ordinance No. 23-02 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) April 18, 2023
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Introduction of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory Dwelling Units)
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1. DETERMINE that the California Environmental Quality Act (“CEQA”) does not apply to the approval or adoption of an Ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law, pursuant to California Public Resources Code section 21080.17; and therefore, Ordinance No. 23-02 is statutorily exempt from the CEQA; and,
2. INTRODUCE Ordinance No. 23-02, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, AMENDING SECTION 17.405.060
OF THE CITY OF SAN JACINTO MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS
DISCUSSION:
In nearly every legislative session over the past few years, the California Legislature has enacted bills that govern the development of accessory dwelling units (ADUs). Recent examples include legislation requiring ministerial approval of ADU applications within 60 days; authorizing ADUs on lots with multifamily dwellings; prohibiting local agencies from imposing height and setback standards beyond state-set limits; and requiring local agencies to allow ADUs to be sold separately from the lot’s primary dwelling if specified conditions are met.
Senate Bill (“SB”) 897 is the latest legislative action to remove barriers to the construction of ADUs. SB 897 was signed into law on September 28, 2022 and took effect January 1, 2023.
Failure to comply with SB 897 by January 1, 2023 would have rendered the City’s ADU regulations null and void. Since there was insufficient time to take a standard ordinance through the usual process, the San Jacinto City Council adopted Urgency Ordinance No. 22-19 (Ordinance 22-19) on December 6, 2023. Ordinance 22-19 ensured that the City Municipal Code, specifically the Development Code, remained compliant with state ADU law and valid, in order to protect public safety, health, and welfare. Ordinance No. 22-19 became effective immediately, and prior to the January 1st effective date of SB 897.
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Packet Pg. 102 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) Approval of this item introduces Ordinance No. 23-02, which is a standard ordinance being processed through conventional procedures to permanently capture changes made under Ordinance No. 22-19 and SB 897. It also includes other minor revisions and updates to the ADU section of the Development Code for consistency with state ADU law. The new changes to Section 17.405.060 (Accessory Dwelling Units) of the Development Code are for cleanup and clarity, and for further consistency with state ADU law.
SB 897 Details
SB 897 amended Government Code Section 65852.2 with numerous changes to the state ADU laws. There are two dominant themes in the changes. First, cities must allow ADUs to be taller and closer to property lines. Second, the bill codifies a number of interpretations of ADU law that were already being applied by many local agencies when applying state ADU law.
Height Provisions
Local agencies must allow ADUs taller than 16 feet in the following circumstances:
If a detached ADU is on a lot with an existing or proposed single-family dwelling and is located within a half-mile of a major transit stop or high quality transit corridor, a detached ADU may be up to 18 feet in height by right; or the ADU be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch for the ADU to that of the main house. Before this most recent legislation, local agencies could cap the height of a detached ADU at 16 feet.
If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height (again, by right), regardless of how close it is to transit.
An attached ADU may now be up to 25 feet high or as high as a primary dwelling may be under the underlying zone, whichever is lower. But a city may still limit the ADU to two stories.
Front Setbacks
Cities have authority to impose front-yard setbacks on ADUs, but now a front setback must yield to the extent necessary to enable the construction of an 800-square-foot ADU with four-foot side- and rear-yard setbacks. The law includes a similar “must yield” provision for floor area ratio (FAR), lot coverage and open-space requirements; the update ADU law now includes the same provision for front setbacks.
Adjustments to Application Review Procedures; Restrictions on Denials A demolition permit for a detached garage that is to be replaced with an ADU must now be reviewed with the ADU application (Building Permit) and issued at the same time.
Many cities, including San Jacinto, have already been doing this in practice.
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Packet Pg. 103 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) Local agencies cannot deny an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU. Again, many cities, including San Jacinto, have already been doing this in practice.
JADUs Location and Configuration Requirements
Under existing state law, a junior accessory dwelling unit (JADU) must be “within the walls” of a proposed or existing single-family dwelling. The new amendments specify that “enclosed uses within the residence, such as attached garages, are considered part of the proposed or existing single-family residence.”
In instances where the JADU shares a bathroom with the primary dwelling, local agencies must now require the JADU to have an interior entry to the primary dwelling’s “main living area” and bathroom, independent of the exterior entrances of the JADU and primary dwelling.
Other Consistency Updates
To comply with other recent amendments to state ADU law, changes to the City’s existing ADU provisions are also proposed to further provide full compliance with Government Code Section 65852.2 and 65852.22, including but not limited to the following:
Attached ADUs are proposed to be reclassified as Interior ADUs, which are constructed completely within an existing residence.
Both a JADU and Interior ADU are allowed, rather than one or the other.
At least one (1) Interior ADU is allowed within existing multifamily dwelling structures.
Detached ADUs are also allowed in connection with proposed multifamily dwelling structures.
A Site Plan and Design Review permit is no longer required for ADUs or JADUs. They may be approved through the building permit process with a zoning clearance.
Density requirements do not apply to ADUs or JADUs.
The maximum number of bedrooms are imposed based on the size of the unit.
A JADU may be an efficiency unit or include an efficiency kitchen.
Compliance with parking standards, if parking is provided is required, and Reporting of expected rent income, if applicable is required.
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Packet Pg. 104 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) PLANNING COMMISSION REVIEW AND RECOMMENDATION:
On March 28, 2023, the Planning Commission considered Planning Commission Resolution No. 23-01, which recommended that the City Council determine that the project is exempt from the California Environmental Quality Act (“CEQA”) and adopt Ordinance No. 23-02.
No members of the public spoke on the item during the public hearing. After conducting a duly noticed public hearing at a regularly scheduled Planning Commission meeting, the Planning Commission unanimously adopted Resolution No. 23-01 with a 5-0 vote, thereby recommending approval of the amendment.
ENVIRONMENTAL REVIEW:
Pursuant to California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.
FISCAL IMPACT:
There is no impact on the General Fund for adopting this Ordinance.
ATTACHMENTS:
Draft Ordinance 23-02
Ordinace 23-02 Exhibit "A"
Planning Commission Resolution No. 23-01
Section 17.406.060 Redline Version
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Packet Pg. 105 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) 24438.00000\40873395.1 Page 1 of 4
STATE OF CALIFORNIA ) ORDINANCE NO. 23-02
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA AMENDING SECTION
17.405.060 OF THE CITY OF SAN JACINTO MUNICIPAL
CODE RELATING TO ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, the City of San Jacinto, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by Ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, SB 897 takes effect January 1, 2023, and if the City’s ADU Ordinance does not comply with the requirements imposed by SB 897, the City’s entire existing ADU Ordinance becomes null and void as a matter of law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an Ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed Ordinance is statutorily exempt from CEQA in that the proposed Ordinance implements the State’s ADU law.
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SECTION 3. Section 17.405.060 of Chapter 17.405 of the San Jacinto Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.
SECTION 4. Findings. Pursuant to Section 17.720.060, the amendments proposed under Ordinance No. 23-02 are:
1) Consistent with the General Plan and applicable specific plan. Specifically, the amendments further the purpose of residential land uses within the Land Use Element and the intent of the Housing Element. In fact, the Housing Element calls for consistency with state ADU law.
2) Not detrimental to the public interest, health, safety, convenience, or welfare of the City. The amendment further housing goals of the City to provide sufficient safe, reliable, and affordable housing to all members of the community. 3) Internally consistent with other applicable provisions of the Development Code.
Section 17.405.060 will govern over development and construction of all ADUs within the City. No other standards, with the exception of definitions, may apply to these units, thereby, eliminating the possibility of any internal inconsistencies.
SECTION 5. Effective Date. This Ordinance takes effect thirty (30) days after its adoption.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of San Jacinto.
SECTION 7. The Community Development Department shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.
SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on the 2nd day of May, 2023, by the following vote:
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AYES:
NAYS:
ABSENT:
ABSTAIN:
________________________________
Alonzo Ledezma, Mayor
City of San Jacinto
Attest:
__________________________________
Julia Espinoza, City Clerk
Approved as to form:
Best, Best & Krieger, LLP.
__________________________________
Craig Hayes, City Attorney
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EXHIBIT A
Amended ADU Regulations
Section 17.405.060 (Accessory Dwelling Units) of Title 17 (Development Code) (follows this page)
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Packet Pg. 109 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) ACCESSORY STRUCTURES AND USES 17.405
17.405.060 — Accessory Dwelling Units
This Section establishes standards for residential Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Single-Family Residential Zones:
1. JADU: One (1) JADU shall be permitted on a single-family residentially zoned property, within and incidental to an existing or proposed single-family residence.
2. Interior ADU: One (1) Interior ADU shall be permitted on a single-family residentially zoned property, within and incidental to an existing or proposed single-family residence, or within an existing accessory structure.
3. Detached ADU: One (1) Detached ADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.
B. Multi-Family Residential Zones.
1. Interior ADUs: Interior ADUs shall be permitted within an existing multifamily dwelling structure(s), in existing areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or attached garages. The maximum number of Interior ADU units shall not exceed 25% of the existing multifamily dwelling units, or at least one (1) Interior ADU.
2. Detached ADUs: Two (2) Detached ADUs shall be permitted per lot developed with existing or proposed multiple-family dwelling structure(s), which are completely detached from that multifamily dwelling structure(s).
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Packet Pg. 150 Attachment: Ordinace 23-02 Exhibit "A" (Introduction of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory Dwelling Units)) APRIL 18, 2023 CITY COUNCIL MEETING
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Packet Pg. 110 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S))
17.405 ACCESSORY STRUCTURES AND USES
C. Development Standards and Requirements. The following development standards apply to ADUs or JADUs, unless otherwise indicated.
1. All ADUs and Junior ADUs are exempt from a Site Plan Design Review application process; however, the Department will review for compliance with Development Code and any applicable Code or Design Standard during building permit plan check process.
2. ADUs and Junior ADUs are exempt from Density requirements.
3. No structure may be altered, expanded, converted or demolished and reconstructed as an ADU or JADU without first obtaining a Building Permit. Any demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
4. Fire suppression systems shall be installed if the primary dwelling requires such system. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
5. A certificate of occupancy for an accessory dwelling unit shall not be issued before issuance of a certificate of occupancy for the primary dwelling.
6. ADUs or Junior ADUs may be rented separately from the primary residence, but may not be sold or otherwise conveyed from the primary residence, except as provided in Government Code Section 65852.26.
7. ADUs and Junior ADUs shall not be utilized as a short-term rental (rentals of 30 days or less).
8. ADUs and Junior ADUs shall have direct exterior access.
9. ADUs of less than 1,000 square feet and Junior ADUs shall have a maximum of one bedroom.
10. Junior Accessory Dwelling Units:
i. Shall be no more than 500 square feet in floor area. ii. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure. iii. Shall be located entirely within an existing or proposed Single-Family Residence. Enclosed uses within the residence, such as an attached garage, are considered part of the proposed or existing single-family structure.
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Packet Pg. 111 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) ACCESSORY STRUCTURES AND USES 17.405
iv. Shall not be located within an accessory structure. v. Shall have its own separate sanitation facilities or may share sanitation facilities with the existing or proposed single-family structure. If the unit does not include its own separate bathroom, then it must contain an interior entrance to the main living area of the existing or proposed single-family structure.
vi. Shall contain no less than the 150 square feet area minimum required for an efficiency dwelling unit, as defined in Section 17958.10 of the Health and Safety Code.
vii. May includes an efficiency kitchen, as defined in Article 8, or Government Code 65852.2.
viii. Shall require a deed restriction, pursuant to Government Code 65852.22. (a)(3), which shall be recorded prior to occupancy of unit. ix. Shall require that the property owner reside in either the primary dwelling, JADU, or ADU if such site is developed with an ADU, unless the property is entirely owned by another governmental agency, land trust, or housing organization.
11. Accessory Dwelling Units
i. Interior ADUs
a. Shall comply with the underlying Zone development standards for setback, lot coverage, etc., except as provided within this section.
b. Shall not exceed 50% of the existing or proposed primary dwelling floor area or 1,200 square feet, whichever is less.
c. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure.
ii. Detached ADUs
a. Shall comply with the development standards for Accessory Structures for setback, height, lot coverage, etc., except as provided within this section.
b. Shall not exceed 1,200 square feet.
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17.405 ACCESSORY STRUCTURES AND USES
c. Shall not exceed 16 feet in overall height, except as provided below. Height is measured above grade to the peak of the structure.
1. On lots located within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code, a Detached ADU shall not exceed 18 feet in height or a maximum of 20 feet in overall height, if additional height is necessary to align the roof pitch on the ADU with the roof pitch of the primary dwelling unit.
2. On lots with an existing or proposed multifamily dwelling that is multistory, a Detached ADU shall not exceed 18 feet in overall height.
d. Shall not be located within the front yard setback area. e. Shall not exceed the lot coverage for the underlying zone. f. Conversion of an existing detached Accessory Structure to an ADU:
1. An existing, legally established, accessory structure may be converted to an ADU or demolished and reconstructed on
the same location and size (with up to a 150 square foot addition for ingress and agrees provided it does not
increase the degree of non-conformity), even if such
structure has non-conforming setbacks or heights,
provided that it complies with all applicable Building and Fire Code standards.
g. Shall maintain a minimum setback of four (4) feet from rear and side lot lines and the primary dwelling. If existing multifamily building has a rear or side yard setback of less than four (4) feet, no modification to the multifamily building will be required as a condition of approving the ADU.
12. Parking.
i. All ADU sites must comply with Chapter 17.330 (Off-Street Parking and Loading Standards) of this code, unless modified by this section. ii. When a garage, carport or other cover parking utilized to satisfy the required parking for the Primary dwelling unit is demolished in
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Packet Pg. 113 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) ACCESSORY STRUCTURES AND USES 17.405
conjunction with the construction of an accessory dwelling unit or is converted to an ADU, such parking is not required to be replaced.
D. Design Features. All ADUs or JADUs shall be designed to be:
1. Compatible with the primary dwelling unit in architectural style, color, exterior materials, roof pitch and window size and placement; and,
2. Provided with its own entrance that is separate from the entrance to the primary dwelling.
E. Landscaping. Landscaping shall be in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation.
F. Animal-keeping. For the purposes of determining the number of animals allowed in compliance with Section 17.430.050 (Animal-Keeping), an ADU shall not be determined to be a separate unit.
G. Nonconformity. Applications to create an ADU shall not be denied due to nonconforming zoning conditions, building code violations or unpermitted structures that do not present a threat to the public health and safety and are not affected by the construction of the ADU.
H. Reporting. The applicant must provide an estimate of the projected annual rent that will be charged for ADU or JADU with the Permit Application. Where unit will not be rented initially, the reported annual rent shall be zero dollars ($0).
I. Administrative Adjustment. In the event that an otherwise compliant detached ADU is limited to less than 800 square feet of total floor area due to limitations enumerated in section C – Development Standards above, including front setbacks, lot coverage, floor area ratio, open space, or limits on size of the accessory dwelling unit relative to the primary dwelling, the Director shall administratively adjust such standard(s) to permit a unit of at least 800 square feet. There is no obligation by the property owner to construct a unit of 800 square feet. (Ord. 19-22, 2019; Ord. 22-19, 2022; Ord.23-02, 202
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Packet Pg. 156 Attachment: Planning Commission Resolution No. 23-01 (Introduction of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory APRIL 18, 2023 CITY COUNCIL MEETING
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Packet Pg. 116 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S))
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Packet Pg. 157 Attachment: Planning Commission Resolution No. 23-01 (Introduction of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory APRIL 18, 2023 CITY COUNCIL MEETING
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Packet Pg. 117 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) ACCESSORY STRUCTURES AND USES 17.405
17.405.060 — Accessory Dwelling Units
This Section establishes standards for residential Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Single-Family Residential Zones:
1. JADU: One (1) JADU shall be permitted on a single-family residentially zoned property, within and incidental to an existing or proposed single-family residence.
2. AttachedInterior ADU: One (1) InteriorAttached ADU shall be permitted on a single-family residentially zoned property, within and incidental to an existing or proposed single-family residence, or within an existing accessory structure.
3. Detached ADU: One (1) Detached ADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.
B. Multi-Family Residential Zones.
1. InteriorAttached ADUs: Interior ADUs shall be permitted within an Eexisting or proposed multifamily dwelling structure(s), in existing areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or attached garages, may be converted to an ADU. The maximum number of Interior ADU units shall not exceed 25% of the existing multifamily dwelling units, or at least one (1) AttachedInterior ADU.
2. Detached ADUs: No more than tTwo (2) Detached ADUsaccessory dwelling units shall be permitted per lot developed with existing or proposed multiplefamily dwellings structure(s), which are completely detached from that multifamily dwelling structure(s).
Key:
Black text: original 2019 ADU adoption
Orange text: 12/2022-urgency ord. update
Red text: 2023-Ordinance No. 23-02 update
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Packet Pg. 158 Attachment: Section 17.406.060 Redline Version (Introduction of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory Dwelling Units)) APRIL 18, 2023 CITY COUNCIL MEETING
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Packet Pg. 118 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S))
17.405 ACCESSORY STRUCTURES AND USES
C. Development Standards and Requirements. The following development standards apply to both ADUs andor JADUs, unless otherwise indicated.
1. All ADUs and Junior ADUs are exempt from a Site Plan Design Review application process; however, the Department will review for compliance with Development Code and any applicable Code or Design Standard during building permit plan check process.
1.2. ADUs and Junior ADUs are exempt from Density requirements.
2.3.No structure may be altered, expanded, converted or demolished and reconstructed as an ADU or JADU without first obtaining a Building Permit. Any demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
3.4.Fire suppression systems shall be installed if the primary dwelling requires such system. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4.5.A certificate of occupancy for an accessory dwelling unit shall not be issued before issuance of a certificate of occupancy for the primary dwelling.
5.6.ADUs or Junior ADUs mMay be rented separately from the primary residence, but may not be sold or otherwise conveyed from the primary residence, except as provided in Government Code Section 65852.26.
6.7.ADUs and Junior ADUs sShall not be utilized as a short-term rental (rentals of 30 days or less).
7.8.ADUs and Junior ADUs sShall have direct exterior access.
8.9.ADUs of less than 1,000850 square feet or less and Junior ADUs shall have a maximum of one bedroom.
9.10. Junior Accessory Dwelling Units:
i. Shall beIs no more than 500 square feet in floor area. ii. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure. iii. Shall be located entirely within an existing or proposed Single-Family Residence. Enclosed uses within the residence, such as an attached garage, are considered part of the proposed or existing single-family structure.
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Packet Pg. 159 Attachment: Section 17.406.060 Redline Version (Introduction of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory Dwelling Units)) APRIL 18, 2023 CITY COUNCIL MEETING
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Packet Pg. 119 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) ACCESSORY STRUCTURES AND USES 17.405
iv. A JADU sShall not be located within an accessory structure. v. Shall have its own separate sanitation facilities or may shares sanitation facilities with the existing or proposed single-family structure. If the unit does not include its own separate bathroom, then it must contains an interior entrance to the main living area of the existing or proposed single-family structure.
vi. Shall contain no less than the 150 square feet area minimum required for an efficiency dwelling unit, as defined in Section 17958.10 of the Health and Safety Code.
vii. May includes an efficiency kitchen, as defined in Article 8, or Government Code 65852.2.
viii. Construction of a JADU sShall require a deed restriction, pursuant to Government Code 65852.22. (a)(3), which shall be recorded prior to occupancy of unit.
ix. Shall require that tThe property owner must reside in either the primary dwelling, JADU, or ADU if such site is developed with an ADU, unless the property is entirely owned by another governmental agency, land trust, or housing organization.
10.11. Accessory Dwelling Units
i. InteriorAttached ADUs
a. Shall comply with the underlying Zone development standards for setback, lot coverage, etc., except as provided within this section.
b. Shall not exceed 50% of the existing or proposed primary dwelling floor area or 1,200 square feet, whichever is less.
c. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure.
ii. Detached ADUs
a. Shall comply with the development standards for Accessory Structures for setback, height, lot coverage, etc., except as provided within this section.
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Packet Pg. 160 Attachment: Section 17.406.060 Redline Version (Introduction of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory Dwelling Units)) APRIL 18, 2023 CITY COUNCIL MEETING
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Packet Pg. 120 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S))
17.405 ACCESSORY STRUCTURES AND USES
b. Shall not exceed 1,200 square feet.
c. Shall not exceed 16 feet in overall height, except as provided below. Height is measured above grade to the peak of the structure.
1. On lots located within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code, a Detached ADU shall not exceed 18 feet in overall height or a maximum of 20 feet in overall height, if additional height is necessary to alignaccommodate thea roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
2. On lots with an existing or proposed multifamily dwelling that is multistory, a Detached ADU shall not exceed 18 feet in overall height.
d. ShallIs not be located within the front yard setback area. e. Shall not exceed the lot coverage for the underlying zone. f. Conversion of an existing detached Accessory Structure to an ADU:
1. An existing, legally established, accessory structure may be converted to an ADU or demolished and reconstructed on
the same location and size (with up to a 150 square foot addition for ingress and agrees provided it does not
increase the degree of non-conformity), even if such
structure has non-conforming setbacks or heights,
provided that it complies with all applicable Building and Fire Code standards.
g. Shall maintain a minimum setback of four (4) feet from rear and side lot lines and the primary dwelling. If existing multifamily building has a rear or side yard setback of less than four (4) feet, no modification to the multifamily building will be required as a condition of approving the ADU.
11.12. Parking.
i. All ADU sites must comply with Chapter 17.330 (Off-Street Parking and Loading Standards) of this code, unless modified by this section.
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Packet Pg. 161 Attachment: Section 17.406.060 Redline Version (Introduction of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory Dwelling Units)) APRIL 18, 2023 CITY COUNCIL MEETING
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Packet Pg. 121 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) ACCESSORY STRUCTURES AND USES 17.405
ii. When a garage, carport or other cover parking utilized to satisfy the required parking for the Primary dwelling unit is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an ADU, such parking is not required to be replaced.
D. Design Features. All ADUs or JADUs shall be designed to be:
1. Compatible with the primary dwelling unit in architectural style, color, exterior materials, roof pitch and window size and placement; and,
2. Provided with its own entrance that is separate from the entrance to the primary dwelling.; and
E. Landscaping. Landscaping shall be in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation.
F. Animal-keeping. For the purposes of determining the number of animals allowed in compliance with Section 17.430.050 (Animal-Keeping), an ADU shall not be determined to be a separate unit.
G. Nonconformity and Violations. Applications to create an ADU shall not be denied due to nonconforming zoning conditions, building code violations or unpermitted structures that do not present a threat to the public health and safety and are not affected by the construction of the ADU.
H. Reporting. The applicant must provide an estimate of the projected annual rent that will be charged for ADU or JADU with the Permit Application. Where a unit will not be rented initially, the reported annual rent shall be zero dollars ($0).
I. Administrative Adjustment. In the event that an otherwise compliant detached ADU is limited to less than 800 square feet of total floor area due to limitations enumerated in section C – Development Standards above, including front setbacks, lot coverage, floor area ratio, open space, or limits on size of the accessory dwelling unit relative to the primary dwelling, the Director shall administratively adjust such standard(s) to permit a unit of at least 800 square feet. There is no obligation by the property owner to construct a unit of 800 square feet. (Ord. 19-22, 2019; Ord. 22-19, 2022; Ord.23-02, 2023)
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Packet Pg. 162 Attachment: Section 17.406.060 Redline Version (Introduction of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory Dwelling Units)) APRIL 18, 2023 CITY COUNCIL MEETING
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Packet Pg. 122 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S))
17.435
CANNABIS ORIENTED BUSINESSES
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Packet Pg. 163 Attachment: Section 17.406.060 Redline Version (Introduction of Ordinance No. 23-02 to Amend Section 17.405.060 (Accessory Dwelling Units)) APRIL 18, 2023 CITY COUNCIL MEETING
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Packet Pg. 123 Attachment: ADU City Council Staff Report 4-18-2023 (Second Reading/Adoption of Ordinance No. 23-02 (ADU'S)) May 2, 2023
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: San Jacinto Master Developer, LLC & Nossaman LLP Agreements RECOMMENDATION:
Staff recommends that the City Council approve a Cooperation Agreement with San Jacinto Master Developer, LLC and an Engagement Agreement with Nossaman LLP related to securing access to parcels for study of flood control improvements and allow the City Manager to execute the agreements.
DISCUSSION:
On December 13, 2022, San Jacinto Master Developer, LLC (SJMD) submitted an application to the City to consider an Industrial Specific Plan that, if approved, would ultimately replace the previously adopted Villages Specific Plan. The project site is located on the west side of Sanderson Avenue approximately 0.5 miles south of Ramona Expressway as depicted on the attached Vicinity Map. The Industrial Specific Plan is proposed on three parcels that totals 475 acres. After the initial review of the project, staff informed SJMD that a recommendation to conditionally approve the project would include a requirement for SJMD to design and construct an approximately 2.75-mile channel segment of the San Jacinto Valley Master Drainage Plan, known as North Line E, and a regional detention basin known as the Y-Z-E Detention Basin (Basin).
The San Jacinto Valley Master Drainage Plan was approved in 2015 by the Riverside County Flood Control and Water Conservation District and the City of San Jacinto. The purpose of the plan was to identify an integrated network of drainage facilities to alleviate both known and anticipated drainage problems within the San Jacinto Valley area. The Plan is intended to serve as a guide for locating and sizing critical drainage facilities.
North Line E begins at the San Jacinto Reservoir east of Sanderson Road and would travel north approximately 1.25 miles then curve to the west across Sanderson Avenue and continuing approximately 1.5 miles before terminating into the Basin as depicted on the Impacted Parcels Map. Completion of this section of the Master Drainage Plan would support the orderly development of properties in the area, greatly reduce the potential for flooding on Sanderson Avenue, and remove the flood plain designation for properties in the vicinity. Removal of the flood plain designation on the properties in the vicinity removes requirements for mandatory flood insurance for those property owners.
The approval and construction of North Line E requires an environmental review and analysis that complies with the California Environmental Quality Act (“CEQA”). In order to complete the environmental review, SJMD requires access to real property located within or adjacent to the planned right-of-way of Line E (“Impacted Properties”), as generally depicted on the
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Packet Pg. 124
Impacted Properties Map. Access to the Impacted Properties would allow the SJMD’s consultants to conduct environmental technical studies for CEQA, which may include geotechnical surveys, environmental hazardous materials testing, utility locating as well as biological and cultural surveying, among other activities necessary for environmental assessment of North Line E (collectively, “Technical Studies”).
To the extent SJMD is unable to secure voluntary approval from the owners of the Impacted Properties to conduct the Technical Studies, the City would commence efforts to secure rights of entry to the Impacted Properties for SJMD and its consultants, including through filing petitions for rights of entry with the court, that are reasonably acceptable to SJMD and the City.
Nossaman LLP is the law firm that will represent SJMD and the City in efforts to secure access to the Impacted Parcels to conduct the Technical Studies, including appearing as counsel of record for the City in any legal proceedings. The City Attorney, Best Best & Krieger, will review and approve any pleadings or agreements proposed to be filed or entered into on behalf of the City, including, but not limited to, the court or owners of Impacted Properties. All consultants retained, if any, for the purpose of securing access rights to the Impacted Parcels shall be subject to the City approval.
Notwithstanding anything to the contrary in Cooperation Agreement or Engagement Agreement, the City will not be responsible for the payment or reimbursement of any of the fees, costs or invoices incurred by SJMD under the Agreements, including those of Best Best & Krieger.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item.
ATTACHMENTS:
Vicinity Map
Impacted Properties Map
Cooperation Agreement & Engagement Letter
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Packet Pg. 125
Vicinity Map
SAN JACINTO
MASTER
DEVELOPER, LLC
(475 – ACRE
PROJECT SITE)
Sanderson Avenue
Ramona Expressway
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Packet Pg. 126 Attachment: Vicinity Map (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) Impacted Properties Map
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Packet Pg. 127 Attachment: Impacted Properties Map [Revision 1] (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 1 COOPERATION AGREEMENT
This COOPERATION AGREEMENT (“Agreement”) is dated May XX, 2023, for reference purposes only, by and between the CITY OF SAN JACINTO, a California municipal corporation (the “City”) and SAN JACINTO MASTER DEVELOPER, LLC, a Delaware limited liability company (“Developer”). This Agreement will not become effective until the date (“Effective Date”) this Agreement has been approved by the City’s city council following all legally required notices and hearings. The City and Developer are sometimes individually referred to as the “Party,” and collectively as the “Parties.”
RECITALS
The following recitals are a substantive part of this Agreement:
A. Developer is entitling an industrial project within the City in the area outlined on Exhibit A attached hereto and incorporated herein by reference (the “Development”).
B. As a condition to its potential approval of the Development, the City intends to require Developer to conduct an analysis under the California Environmental Quality Act (“CEQA”) of, design, and construct North Line E of the San Jacinto Valley Master Drainage Plan, an off-site flood control improvement (the “Channel”).
C. Design and entitlement of the Channel will require access to real property located within or adjacent to the planned Channel right-of-way (the “Impacted Parcels”), as generally depicted on Exhibit B. Access to the Impacted Parcels is required to conduct environmental technical studies for CEQA, geotechnical, environmental hazardous materials testing, utility locating and surveying, among other activities necessary for environmental assessment of the Channel (collectively, “Technical Studies”).
D. The Parties wish to set forth the terms on which they will work to establish the route of the Channel and to secure access to the Impacted Parcels to conduct the Technical Studies.
E. Developer acknowledges that by this Agreement the City provides no promise of entitlement of the Development.
NOW, THEREFORE, the City and the Developer agree as follows:
1. Technical Studies. To the extent Developer is unable to secure voluntary approvals from the owners of the Impacted Parcels to conduct the Technical Studies on terms reasonably acceptable to the Developer, the City shall, in a timely manner, commence efforts to secure rights of entry to the Impacted Parcels for the Developer and its consultants to conduct the Technical Studies,
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Packet Pg. 128 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 2 including through filing petitions for rights of entry with the court, that are reasonably acceptable to the Developer and the City.
2. Joint Representation. Nossaman LLP shall, pursuant to the terms of the engagement letter attached hereto as Exhibit C, represent the Developer and the City in efforts to secure access to the Impacted Parcels to conduct the Technical Studies, including appearing as counsel of record for the City in any legal proceedings. City shall be permitted to have its City attorney review and approve any pleadings or agreements proposed to be filed or entered into on behalf of the City, including, but not limited to, with the court or owners of Impacted Parcels, which review and approval shall not be unreasonably withheld, conditioned or delayed. All consultants retained, if any, for the purpose of securing access rights to the Impacted Parcels shall be subject to the City approval, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary in this Agreement, the City will not be responsible for the payment or reimbursement of any of the fees, costs or invoices incurred by Developer under this Agreement.
3. Deposit, Reimbursement. Subject to the terms of this Agreement, the Developer shall reimburse the City for any and all actual and direct costs and fees incurred by the City associated with reviewing any pleadings or agreements for securing access to the Impacted Parcels for the Technical Studies, including, but not limited to, legal fees as provided in this Agreement. The City will bill Developer for all legal fees incurred by the City, which will be the rates charged to the City for third party reimbursable services. Within twenty (20) calendar days of the Effective Date, Developer shall deposit with the City cash in the sum of Ten Thousand Dollars ($10,000) (the “Deposit”). From time to time, the City shall draw upon the Deposit in order to pay costs and fees incurred by the City.
The City shall submit monthly to the Developer a detailed statement (the “Monthly Accounting”) of the amount of costs and fees paid by the City. The City shall submit at the same time to the Developer all supporting information reasonably necessary to document the City’s costs associated with its review of the pleadings and agreements related to securing access to the Impacted Parcels to conduct the Technical Studies, including specific details on the costs and work, including invoices, third-party invoices, billings and receipts. If the City determines that additional funds will be required to pay the fees and costs incurred, the City shall make written demand upon Developer for such additional funds (which, when received by the City shall also be referred to herein as constituting the “Deposit”). Developer shall deposit such additional funds with the City within twenty (20) calendar days following the date of receipt of such demand. Should Developer have questions or require further clarification regarding the demand, Developer shall request of the City such information needed to resolve any questions or clarification within said twenty (20) calendar day period. In the event Developer contests any portion of the Monthly Accounting, the Parties shall work together in an effort to resolve the issues raised within thirty days from the transmittal of the objection by Developer. If the
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Packet Pg. 129 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 3 Parties are unable to resolve the issues concerning the Monthly Accounting, the Parties agree to participate in at least one mediation session within ninety days of the transmittal of the written objection by Developer. Notwithstanding the foregoing, the City shall have the sole option to delay the mediation until the City has secured all rights of access to the Impacted Parcels. Unless otherwise agreed upon, the costs of any such mediation shall be shared equally between the Parties.
Within Sixty (60) calendar days following the City securing all rights of access to the Impacted Parcels for the Technical Studies or termination of this Agreement as provided herein, the City shall refund to Developer any and all unexpended portions of the Deposit, after payment or provision for payment of all fees and costs incurred. The City shall not have any obligation to accrue or pay interest on any funds deposited by Developer with the City.
4. Access to Impacted Parcels. Upon the court granting access to Impacted Parcels, Developer shall comply with all applicable laws and regulations of the federal, state and local government, including any orders of the court, when performing the Technical Studies. Developer shall perform the Technical Studies in a professional manner consistent with the level and skill ordinarily exercised by the City under similar conditions.
5. Insurance. Developer shall take out and maintain during this Agreement: A. Commercial General Liability Insurance of at least $1,000,000 per occurrence/$2,000,000 general aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001); B. Automobile Liability Insurance of at least $1,000,000 per occurrence for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering automobile liability, Symbol 1 (any auto); and C. Workers’ Compensation Insurance in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless otherwise approved by City. Developer shall add City, its officers, officials, employees, agents, and volunteers as additional insureds on Developer’s Commercial General Liability and Automobile Liability. Coverage provided by Developer shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Developer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Developer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its consultants.
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Packet Pg. 130 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 4 6. Hold Harmless/Indemnity. The Developer agrees to protect, defend, indemnify and hold harmless the City and its elective and appointive council members, officers, consultants and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys’ fees as set forth in this Agreement, and for injury to any property or person, including consequential damages of any nature resulting therefrom, arising from, as a result of, or relating to the securing of access to the Impacted Parcels for the Technical Studies on behalf of the Developer and access of the Impacted Parcels by Developer and its consultants, except to the extent of damages resulting from the negligence or willful misconduct of the City. The indemnity shall not encompass claims related to the operation or maintenance of the Channel. Developer shall have the right to approve any settlement for which the City anticipates indemnity from Developer under this Agreement, which shall not be unreasonably withheld. This Section shall survive termination or expiration of this Agreement.
7. Default. Failure or delay by either Party to perform any term or provision of this Agreement shall constitute a default under this Agreement. The Party who so fails or delays must, upon written notice to do so, promptly commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. In the event of a default, the injured Party may give written notice of default to the Party in default, specifying the default complained of by the injured Party. Except as required to protect against further damages, the injured Party may not institute default proceedings against the Party in default until thirty days after giving such notice, provided, however, that no proceedings shall be instituted if the defaulting Party shall commence and proceed to cure such default in a diligent manner and the nature of the default is such that it cannot be cured within thirty days of receipt of the written notice of default. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. In addition, no litigation shall be commenced by one Party against the other without first participating in at least one mediation session with a mutually agreed upon mediator. Unless otherwise agreed upon, the costs of any such mediation shall be shared equally between the Parties.
8. Representing the City. If the City determines that Developer is not properly representing the City in a professional manner, including, but not limited to, when Developer interacts with owners of the Impacted Parcels, the Parties shall endeavor to resolve these issues in a timely fashion and in good faith though direct discussions by the Parties. As part of those discussions, Developer shall provide a plan to the City that mitigates the City’s concerns and Developer shall commit to implementing the plan. If Developer fails to cure the City’s concerns, the City may institute default proceedings against the Developer in accordance with this Agreement.
9. Termination for Convenience. Developer may terminate this Agreement at any time upon thirty (30) days’ prior written notice to the City, with
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Packet Pg. 131 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 5 or without cause. In the event of such termination, City shall be paid for all fees and costs for services performed up through and including the effective date of termination and costs incurred by the City as a result of Developer’s termination of the Agreement, including, but not limited to, costs incurred by the City to dismiss any pending litigation.
10. Limitation of Liability. To the extent permitted by law and except for the willful misconduct of City, City shall bear no liability for any damages of any kind arising out of this Agreement.
11. Notices. Any notice, request, demand, consent, approval or other communication required to be given shall be addressed as follows:
To the City:
City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, California 92583
Attention: City Manager
Phone: (951) 487-7330
With a copy to:
Best Best & Krieger LLP
300 S. Grand Ave., #25
Los Angeles, California 90071
Attention: Michael Maurer, Esq.
Phone: (213) 617-8100
To the Developer:
San Jacinto Master Developer, LLC
130 Vantis Street, Suite 200
Aliso Viejo, California 92656
Attention: Julie A. Guizan & Jason Korengold
Phone: (949) 389-7000
With a copy to:
Nossaman LLP
18101 Von Karman, Suite 1800
Irvine, California 92612
Attention: Bradford B. Kuhn, Esq.
Phone: (949) 477-7651
7. Governing Law. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be
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Packet Pg. 132 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 6 instituted in the Superior Court of the County of Riverside, State of California.
8. Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provisions of this Agreement shall be made except by a written agreement executed by the Developer and the City.
9. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the reimbursements described in the Agreement. The Parties understand and agree that other agreements exist between the Parties and other third parties, and that this Agreement does not supersede or invalidate those other agreements.
10. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument The Parties acknowledge that executed copies of this Amendment may be exchanged by facsimile or other electronic format (e.g., “pdf,” “tif,” or “DocuSign”) and that the signatures on such copies shall be deemed to be effective and valid as original signatures
11. Attorneys’ Fees and Costs. In the event that any action is instituted under this Agreement, the Parties agree that the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in enforcing this Agreement.
[Signatures appear on the following page.]
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Packet Pg. 133 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 7 SIGNATURE PAGE
TO
COOPERATION AGREEMENT
CITY:
CITY OF SAN JACINTO
a California municipal corporation
Dated: ___________________________ By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
City Counsel
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Packet Pg. 134 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 8 SIGNATURE PAGE
TO
COOPERATION AGREEMENT (CON’T)
DEVELOPER:
SAN JACINTO MASTER DEVELOPER,
LLC
a Delaware limited liability company
By: Shea Properties Management
Company, Inc.
Its: Manager
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
APPROVED AS TO LEGAL FORM:
NOSSAMAN LLP
Developer Counsel
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Packet Pg. 135 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 9 EXHIBIT A
DEVELOPMENT
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Packet Pg. 136 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 10 EXHIBIT B
IMPACTED PARCELS
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Packet Pg. 137 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 11 EXHIBIT C
ENGAGEMENT LETTER
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Packet Pg. 138 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) 18101 Von Karman Avenue
Suite 1800
Irvine, CA 92612
T 949.833.7800
F 949.833.7878
Bradford B. Kuhn
D 949.477.7651
[email protected]
61336014.v4
May ___, 2023
Julie A. Guizan
Shea / San Jacinto Master Developer, LLC
130 Vantis Street, Suite 200
Aliso Viejo, CA 92656
[email protected]
Robert Johnson
City Manager
City of San Jacinto
595 S. San Jacinto Ave.
San Jacinto, CA 92583
Re: Engagement for Legal Services: San Jacinto Development - Rights of Entry for Line E Channel
Dear Ms. Guizan and Mr. Johnson:
We are very pleased to have the opportunity to provide legal services to the City of San Jacinto (“City”) and San Jacinto Master Developer, LLC (“SJMD”, and collectively, “Clients”). (The terms “you” and “yours” as used in this letter shall refer to the Clients). This letter will serve to record our agreement of the terms and conditions of our representation. Our engagement by you does not extend beyond the matters described in this letter. When work on those matters has ended, your engagement of us has concluded.
1. Clients have asked us and we agree to represent Clients with respect to securing rights of entry to access real property for environmental analysis and design activities for the Line E Channel Project in the City of San Jacinto (“Project”). The Clients have appointed Julie Guizan and Robert Johnson as their designees to receive information with respect to this agreement and to give us instructions as to how we are to provide service to the Clients under this agreement.
2. Client agrees that SJMD and City are our Clients for the specific matters on which we are engaged, and that we shall not be deemed to represent any other parties unless we expressly agree to do so in writing. Further, our representation of Clients does not include a representation of the individuals that are officers, directors, partners, joint ventures, employees or members of Clients. There is no attorney-client relationship between the Firm and any such related person or entity. The attorneyclient privilege is solely between the Clients and the Firm. Any proposed expansion of the representation to include any such related persons or entities shall be subject to and contingent upon execution of an engagement letter directly with those persons or entities.
3. We understand that we are being retained only by the Clients and any additional related entities specifically identified by the Clients. We have performed our conflict check based upon the
VIA E-MAIL
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information you the Clients provided to us. You agree that we are not bound to avoid conflicts with any other entities that you have not identified to us.
4. Clients acknowledge that they share common interests in securing the necessary rights of entry for the Project, and there appears to be no conflict of interest in Nossaman's joint representation of the Clients. However, Clients acknowledge that during the course of the proposed work, various matters may arise which could create an actual or potential conflict of interest. No such matters are presently known, and thus cannot be listed here. However, the following theoretical possibilities are conflicts which could emerge:
(a) That one Client may wish to settle, while other Client(s) may wish to see the right of entry through to its conclusion;
(b) That the Clients may differ as to the terms and content of a settlement agreement and release;
(c) That one Client may wish to appeal, while other Client(s) may wish to terminate any potential litigation;
(d) That recollections of one Client as to operative events versus the recollection of the other Client(s) may differ. Such differences, if any, could go so far as to have one Client contend that the events claimed in filed petitions, complaints, or motions happened, although another Client may disagree with such contentions;
(e) That one Client may later have a dispute substantially related to the subject matter of the acquisition with the other Client(s);
(f) That the Clients may provide conflicting instructions to Nossaman, or otherwise disagree over many aspects of litigation strategy.
The above list is intended to be illustrative, not exhaustive, of potential conflicts that may arise.
If any situation results in an actual or potential conflict of interest, Nossaman will endeavor to apprise the Clients promptly of any such conflict so that the Clients can decide whether they wish to obtain independent counsel. If such a situation were to occur, it may be difficult or even impossible for one lawyer to serve all the Clients’ different interests, depending on the degree of disagreement among the Clients. A lawyer cannot prefer one client over another. It is for this reason that lawyers may not accept engagements in which there is an actual or potential conflict of interest, unless the clients are first advised of the conflict of interest and of the potential consequences of waiving the conflict of interest, and then waive the conflict in writing after such consultation with independent counsel as they may desire.
The Clients acknowledge that they have been advised to seek independent counsel regarding the importance of waiving any actual or potential conflicts of interest arising out of the work described herein and have been advised of their right to seek independent counsel at any time, even after
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executing this agreement. Notwithstanding the foregoing, each Client has decided that it is in its best interest to jointly retain Nossaman to do so. California Rule of Professional Conduct 1.7 requires the Clients’ “informed written consent” before attorneys can represent more than one Client in a matter in which the interests of the Clients potentially conflict. Clients hereby provide such informed written consent.
Each of the Clients may terminate Nossaman’s legal representation of said Client pursuant to the terms of this engagement. Notwithstanding any disputes or conflicts of interest that may arise in the future between the Clients and notwithstanding any possible withdrawal of a Client, Nossaman may continue to represent SJMD in this matter or in any other matter adverse to City as long as Nossaman does not use any confidential information gained from City in this matter to act adversely to the City.
Each of the Clients expressly waives and agrees not to assert any actual or potential conflict of interest or any other ground for disqualification related to this matter; nor will City bring any motion to bar or disqualify Nossaman from continuing to represent SJMD under any circumstances, including without limitation should a dispute arise between the Clients, and City consents that Nossaman may continue to represent SJMD related to the Project in any case. Each of the Clients has consulted its own counsel and has carefully considered and knowingly waives any such conflicts of interest, actual or potential, in Nossaman’s continued representation of the other Client(s), whether or not a Client withdraws or is expelled from this agreement.
As a result of the joint retention of Nossaman, each Client recognizes that anything disclosed by it to Nossaman may be disclosed by Nossaman to the other Client(s). Each Client shall maintain the confidentiality of its communications relating to the work proposed herein and not disclose such confidential information to parties not signatories to this agreement. Confidential information disclosed by a Client shall not be utilized against said Client in this or any subsequent litigation involving Clients.
However, a Client shall not be precluded in a subsequent litigation from obtaining such data or information from sources other than the joint representation contemplated by this agreement.
5. We understand that Nossaman’s invoices shall be paid by SJMD pursuant to a separate engagement letter between Nossaman and SJMD dated January 10, 2023. Rule 1.8.6 of the California Rules of Professional Conduct states certain conditions without which a California lawyer may not accept compensation for representing a client from one other than the client. Since we understand that SJMD will be paying our fees and disbursements in this matter for each Client, informed consent to this arrangement by our Clients is necessary.
Rule 1.8.6 provides:
A lawyer shall not enter into an agreement for, charge, or accept compensation for representing a client from one other than the client unless: (a) there is no interference with the lawyer’s independent professional judgment or with the lawyer-client relationship; (b) information is protected as required by Business and Professions Code section 6068, subdivision (e)(1) and rule 1.6; and (c) the lawyer obtains the client’s informed written consent at or before the time the lawyer has entered into the agreement for, charged, or accepted the compensation, or as soon thereafter as reasonably practicable . . . .
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Section 6068, subdivision (e), provides:
It is the duty of an attorney to do all of the following:
. . . . .
(e) To maintain inviolate the confidence and at every peril to himself or herself to preserve the secrets of his or her client.
Rule 3-310(A)(2) defines “informed consent”:
“Informed written consent” means the client’s or former client’s written agreement to the representation following written disclosure . . . .
We believe that these provisions are self-explanatory. They require the consent of any client other than the fee-payor to an arrangement where a fee is paid by someone other than the client. SJMD has agreed to pay this Firm’s fees and costs, and each Client expressly agrees to this arrangement. If for any reason SJMD ceases to pay fees and disbursements related to the work described herein, and alternative arrangements cannot be made, it may become necessary for this Firm to withdraw from representation of each Client. Notwithstanding anything to the contrary in this letter, the City will not be responsible for the payment or reimbursement of any of the fees, costs or invoices incurred in this matter.
6. On matters covered by this agreement, we agree to provide such legal services as we determine are reasonably required to represent Clients; to take reasonable steps to keep you informed of facts and developments concerning the subject matter of this engagement as they come to our attention; and to respond to your reasonable inquiries. The Firm’s lawyers have no obligation to share information, even information material to the representation, if that information was learned while representing other clients and is confidential to those other clients. You agree to cooperate with us, to keep us informed of developments, to abide by this agreement and to pay our statements for services in accordance with the provisions below.
7. Our files for work prepared pursuant to this agreement are your property. We will release our files for work performed pursuant to this agreement to you or to anyone else you designate upon your written request delivered to the attorney in charge of this matter. We will, from time to time, send portions of your files that are not currently needed to an off-site storage facility. The cost of this facility will be our sole expense. However, we are not the guarantor of the security of any off-site storage facility. Accordingly, you agree that the Firm will not be responsible for any damages which may occur as a result of the loss of any of your files which we store at an off-site storage facility. You also agree that we may, after the passage of two years without our having performed any work for you pursuant to this engagement for services, destroy your files unless you provide us with written instruction to forward the files to you or to another person you designate.
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8. You agree to keep us informed of any change in your address, telephone numbers, or electronic mail address so that we may effectively communicate with you. We will also advise you promptly of any change in the Firm’s business address, electronic mail address or telephone or facsimile numbers. You agree that we may communicate with you via electronic mail or wireless telephone even though these media may be less secure than alternative means of communication.
9. To aid in your matters, it may become necessary to hire experts, consultants or investigators. Such persons will be employed by us on your behalf, not by you, so as to protect any privileged work; but we will not hire such persons unless you approve and also agree to pay their fees and charges. The responsibility to pay for their services is solely yours.
10. You may discharge us as your attorneys at any time. We may withdraw as your attorneys with or without your consent, as long as permitted by law. Some of the reasons that may cause us to withdraw include but are not limited to the following: your breach of this agreement; your failure to pay our bills on time; your refusal to cooperate with us; your refusal to follow our advice on a material matter; the development of irreconcilable disagreement between you and us as to the conduct of the engagement; or any other fact or circumstance that would render our continuing representation contrary to your interests, or to law, or to the rules of professional conduct. Failure to withdraw as your attorneys on any one occasion shall not be a waiver of our right to do so if such other occasions arise. If you discharge us, or if we elect to withdraw, you agree to secure forthwith other counsel of your own selection to represent you and, if we are your attorneys of record in any litigation, to cooperate fully in substituting such new counsel as your attorneys of record in the litigation.
11. Nothing in this agreement and nothing in our statements to you should be construed as a guarantee or promise about the outcome of your matter or any phase thereof. Comments about the course or outcome of your matter or any phase thereof which we may make from time to time are expressions of opinion only. You acknowledge that the amount of legal fees and costs which may be incurred on your behalf pursuant to this agreement is not capable of precise prediction; and you acknowledge that we have made no guarantees or promises and that you have set no limits with regard to the cost of services we provide you.
12. Except for a claim for Client’s failure to pay fees for professional services and/or expenses, if any dispute arises out of, or relates to, a claimed breach of this agreement, the professional services rendered by attorneys, or any other disagreement of any nature, type or description regardless of the facts or legal theories which may be involved, such dispute shall be resolved by binding arbitration before JAMS (or similar alternative dispute resolution firm should JAMS cease to operate), by a panel of three arbitrators. Discovery shall be permitted pursuant to the provisions of Code of Civil Procedure section 1283.05. Each side shall bear his/her own costs and attorneys’ fees.
13. This agreement is made under and shall be construed in accordance with the substantive laws of the State of California without reference to its choice of law rules.
14. We carry professional liability insurance which would cover the services we will be providing to you under the terms of this agreement. That insurance is subject to a significant selfinsured retention.
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15. Nossaman agrees to indemnify the Clients, their officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising from the negligent acts or omissions of Nossaman hereunder, or arising from Nossaman’s negligent performance of any term, provision, covenant or condition of this agreement, except to the extent such claims or liabilities arise from the sole negligence or willful misconduct of Clients, their officers, agents or employees.
16. This agreement will take effect when you sign this agreement and return it to us; but its effect will be retroactive to the date we first performed services on your behalf.
17. This agreement constitutes a single, integrated written contract expressing the entire agreement of the Clients and our Firm. There is no other agreement, written or oral, express or implied, between the parties with respect to the subject matter of this agreement. This agreement may be modified only in a writing signed by all the parties. This agreement shall be construed by giving effect to the plain meaning of its terms.
We are very proud of our client relationships, and occasionally identify clients to others who ask about our client base, or in institutional materials. Unless you object in writing, we assume that you agree that we may state that we represent you in such matters as we deem appropriate, although of course we would not publish or disseminate any confidential information.
If these terms are acceptable to you, please sign in the space provided below on both this copy and the enclosed copy and return one copy of this agreement to us in the envelope enclosed for your convenience, together with any retainers required by this agreement and retain the other copy for your files.
We appreciate your confidence in our Firm and look forward to working with you.
Very truly yours,
Bradford B. Kuhn
Nossaman LLP
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ACCEPTANCE
I have read and understand the foregoing terms and agree to them as of the date that Nossaman LLP first provided services to SJMD and City.
Dated: CITY OF SAN JACINTO
By:
_____________________________________________
_____________________________________________
Dated: San Jacinto Master Developer, LLC
By:
Its:_________________________________
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Packet Pg. 145 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements)
FOR ACCOUNTING USE ONLY
Client Name:
Matter Name:
Client Number:
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Packet Pg. 146 Attachment: Cooperation Agreement & Engagement Letter (San Jacinto Master Developer, LLC & Nossaman LLP Agreements) May 2, 2023
TO: City Council
REQUESTED BY: Arthur Mullen, Chief of Public Utilities
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services
RECOMMENDATION:
Staff recommends that the City Council approve the Agreement with Western Riverside County Council of Governments for SB1383 Edible Food Recovery Consulting Services in the amount of $31,359.00 per year for a three-year term, and appropriate the amount of $31,359.00 for Fiscal Year 2022-2023.
DISCUSSION:
In 2016, the California State Legislature passed SB 1383, the Short-Lived Climate Pollutants Act (“SLCP”) with the goal of a 75% statewide reduction in organic waste by 2025. SB1383 is California's most comprehensive solid waste reform in the past 30 years and represents a statewide reduction of 20 million tons of organic waste annually.
A significant requirement of SB 1383 is that, by 2025, 20% of currently disposed edible food be recovered for human consumption. This is accomplished by identifying Edible Food Generators (“EFGs”), such as restaurants and supermarkets, and Food Recovery Organizations (“FROs”) such as food pantries. SB 1383 requires all EFGs to have an agreement with at least one FRO for food donation. EFGs are categorized as either “Tier 1” or “Tier 2” generators.
The following table shows the types of businesses categorized as either Tier 1 or Tier 2 generators:
Tier 1 Tier 2
Wholesale Food Vendors Restaurants and Facilities >5000 square feet or 250+ seats
Food Service Providers Health Facilities with On-Site Food Facility and 100+ beds
Food Distributors Large Venues and Events
Grocery Stores >10,000 square feet Local Education Agencies with On-Site Food Facilities
Supermarkets State Agency Cafeterias >5,000 square feet or 250+ seats
Hotels with On-Site Food Facilities and 200+
rooms
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The City, like all jurisdictions regulated by the California Department of Resources Recycling and Recovery (“CalRecycle”), is required to enforce compliance measures for all Tier 1 EFGs as of January 1, 2022, and all Tier 2 EFGs beginning January 1, 2024. As of January 1, 2022, the City has identified 14 Tier 1 EFGs and 26 Tier 2 EFGs operating in San Jacinto.
Under SB 1383, local jurisdictions are required to identify EFG and FRO operators and conduct regular inspections to verify compliance with the edible food recovery regulations. At a minimum, compliance inspections must include verification of a written contract with at least one FRO, documentation of all donations to the FRO (including dates and tonnage), and manual inspection of refuse bins to verify organic waste diversion. Additionally, jurisdictions are required to conduct significant education and outreach to both Tier 1 and Tier 2 generators.
Should CalRecycle deem a jurisdiction noncompliant with this (or any) aspect of SB1383, the jurisdiction could face fines of up to $10,000 per day for noncompliance.
Recognizing that many jurisdictions lack the capacity, expertise, and staffing to accomplish these enforcement tasks to the satisfaction of CalRecycle, the Western Riverside Council of Governments (“WRCOG”) released a Request for Proposals (“RFP”) for outside assistance to create an edible food recovery program for participating jurisdictions. The RFP, released on December 23, 2022, included the following scope of work:
Task 1: Project Management
Task 1.1: Kickoff Meeting
Task 1.2: Project Team Coordination
Task 1.3: Project Management Update Meetings
Task 2: Capacity and Compliance
Task 2.1: Food Recovery Agencies and Organizations
Task 2.2: Tier 1 and Tier 2 Edible Food Waste Generators Compliance Task 3: Public Outreach
Task 3.1: Develop Outreach and Education Plan
Task 3.2: Implement Outreach and Education Plan
Task 4: Inspection Program Development
Task 4.1: Develop Inspection Schedule and Plan
Task 5: Inspection Program Implementation
Task 5.1: Implement Inspection Schedule and Plan
Task 6: Food Recovery Program
Task 6.1: Regional Food Recovery
Task 7: Final Report
Task 7.1: Final Report Deliverable
WRCOG received two responses to the RFP. Both responses were reviewed and evaluated by members of the WRCOG Solid Waste Committee, including two representatives from San Jacinto. The review committee recommended the selection of MSW Consultants (“MSW”) to implement the program. MSW is an environmental consulting firm with offices in Murrieta.
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MSW has worked extensively with cities throughout western Riverside County and has demonstrated their local knowledge and expertise working with SB1383 compliance issues.
WRCOG accepted the recommendation to select MSW for this project and is currently preparing to execute a master agreement. The cities of Moreno Valley, Murrieta, Perris, Riverside, and Temecula have also expressed their intent to move forward as parties to this program.
MSW, and their sub-consultants DeGrave Communications, Mariposa Eco Consulting, and CareIt, provide a comprehensive approach to all aspects of the scope of service. MSW, as lead consultant, is responsible for overall project management, as well as capacity and compliance planning, inspection program development, food recovery program, and the final report (Tasks 1, 2, 4, 6, 7). DeGrave Communications, a woman-owned full-service public relations firm based in Temecula, is responsible for the public outreach portion of the project (Task 3). Mariposa Eco Consulting, a full-service ecological company, is responsible for the inspection program development and implementation (Tasks 5, 6). CareIt, a technology company that specializes in connecting edible food generators with food recovery organizations, is responsible for the food recovery program (Task 6).
The City of San Jacinto currently does not have the resources to implement a program of the scale and quality proposed by MSW. Staff estimates that in order to replicate the proposal (and therefore satisfy the requirements of CalRecycle), a requirement of 1.5 full-time-equivalent staff positions would be required. The fully burdened cost is approximated at $150,000 per year.
MSW’s proposal, by contrast, would allow the City to leverage the economy of scale provided by WRCOG and take advantage of this proposal at a reduced price. The annual cost to the City to join the WRCOG program is $31,539 annually. The agreement is for three years, bringing the total contract value to $94,617. The first year would be paid for by existing CalRecycle Local Assistance Grant Funding, with funding for additional years coming from the General Fund.
Should the City be awarded additional Local Assistance Grant funding, this funding source would be used in place of the General Fund.
Staff recommends that the City Council approve the Agreement with WRCOG and MSW Consultants for SB1383 edible food recovery programs in the amount of $31,359 annually, for a term of three years.
FISCAL IMPACT:
The fiscal impact for FY2022-2023 would be offset by the CalRecycle Local Assistance Grant in the amount of $31,359. There is no impact to the General Fund for FY2022-2023. Future fiscal years 2024 and 2025 would each incur charges of $31,359 per year, paid for by the General Fund, unless future alternative funding sources are identified.
ATTACHMENTS:
RFP 22-13 Regional Food Recovery
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RFP Response - MSW Consultants
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Western Riverside Council of
Governments 3390 University
Avenue, Suite 200
Riverside, CA 92501
(951) 405-6700
wrcog.us
REQUEST FOR PROPOSAL
NUMBER 22-13
Regional Food Recovery & Local Assistance
Program
December 23, 2022
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Packet Pg. 151 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) Table of Contents
1. SUMMARY........................................................................................................................1
2. SUBMISSIONS..................................................................................................................1
3. QUESTIONS AND ANSWERS REGARDING THIS RFP .................................................1
4. BUDGET PARAMETERS .................................................................................................1
5. SCHEDULE OF EVENTS..................................................................................................2
6. WRCOG RIGHTS..............................................................................................................2
7. ADDENDA.........................................................................................................................3
8. NOTIFICATION OF RIGHT TO PROTEST CONTRACT AWARD ....................................3
9. CONFLICTS OF INTEREST .............................................................................................4
10. CRITERIA..........................................................................................................................4
11. PROPOSAL INFORMATION, ORGANIZATION, AND CONTENT...................................4
12. REQUEST FOR DETAILED SCOPE OF WORK AND BUDGET .....................................7
13. CONTACT AND REQUESTS FOR CLARIFICATION ....................................................14
14. TERMS AND CONDITIONS............................................................................................14
15. WRCOG STANDARD PROFESSIONAL SERVICES AGREEMENT .............................14 Attachment A: Scoring Criteria..........................................................................................16
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Packet Pg. 152 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 1 1. SUMMARY
In September 2016, California Governor Edmund Brown, Jr., set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). The targets must:
a) Reduce organic waste disposal 75% by 2025; and
b) Rescue for people to eat at least 20% of currently disposed surplus food by 2025.
The main sections addressed in SB 1383 include collection and recycling, procurement requirements (using recycled organics products), food recovery, capacity planning, enforcement, record keeping requirements, department issued waivers and exemptions, reporting and complaints.
The California Department of Resources Recycling and Recovery (CalRecycle) is responsible for creating regulatory standards for SB 1383. The finalized guidelines, which can be found on https://www.calrecycle.ca.gov/organics/slcp/, were previously approved by the Office of Administrative Law. Based on approved guidelines, regulations to meet statewide organics reduction and food recovery requirements took effect on January 1, 2022. Additionally, regulations may require local jurisdictions to impose penalties for noncompliance on regulated entities starting January 1, 2024.
WRCOG is a joint powers authority whose purpose is to unify Western Riverside County so that it can speak with a collective voice on important issues that affect its members. Representatives from WRCOG’s 18 member cities, the Riverside County Board of Supervisors, and the Eastern and Western Municipal Water Districts have seats on the WRCOG Executive Committee, the policy setting Committee for the Agency. The Riverside County Superintendent of Schools is an ex-officio member of the Executive Committee. As a joint powers authority, WRCOG examines a range of regional matters critical to Western Riverside County’s future.
For more information about WRCOG please visit the website at www.wrcog.us.
2. SUBMISSIONS
All Proposal must be submitted via PlanetBids by the Proposal Due Date listed in Section 5, Schedule of Events, no later than 5:00 p.m. Pacific Standard Time (PST) at https://pbsystem.planetbids.com/portal/36405/portal-home.
Proposals shall include a Table of Contents listing all sections, disclosures, etc., and their corresponding page numbers. Please review Section 12 for additional details. It shall be the responsibility of the Proposer to submit the Proposal and all other required items specified in this RFP via PlanetBids at or before 5:00 p.m. PST on the Proposal Due Date listed in Section 5, Schedule of Events. WRCOG will not accept any Proposal received after the Proposal submission time and date.
3. QUESTIONS AND ANSWERS REGARDING THIS RFP
Any questions concerning technical specifications or Scope of Work requirements must be submitted in PlanetBids by 5:00 p.m. on the date listed in Section 5, Schedule of Events.
4. BUDGET PARAMETERS
This project does not have a set budget. An equitable distribution of member contributions would fund this project. The proposal should be cost competitive for the 18 member jurisdictions.
The contract term for this RFP shall be three years from the date of execution with the option of two ,one-year extensions.
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Packet Pg. 153 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 2 5. SCHEDULE OF EVENTS
Event Date
1. RFP Distribution 12/27/2022
2. Questions from vendors about scope or approach due 1/12/2023 at 5:00 p.m. PST
3. Answers to questions from vendors about scope or approach posted to the PlanetBids portal 1/19/2023
4. Proposal Due Date 1/26/2023 at 5:00 p.m. PST
5. Review of Proposals 1/30/23 – 1/31/23
6. Potential Interviews 2/7/23 – 2/9/23
7. Anticipated decision and selection of vendor(s) 2/13/2023
8. Anticipated commencement date of work 2/21/2023
The interview schedule may be staggered, depending on the number of Proposals received, and could span multiple weeks.
6. WRCOG RIGHTS
Award of a contract resulting from this RFP will be based upon the most responsive Proposal or Proposals which will be most advantageous to WRCOG in terms of cost, functionality, and effectiveness in meeting goals and objectives, and other factors as specified in this RFP.
A. WRCOG reserves the right to:
• Disqualify any and all Proposals that are not submitted in accordance with the required format described in this RFP.
• Reject any and all Proposals submitted.
• Request additional information.
• Issue Addenda to this RFP.
• Award all or part of the work contemplated in this RFP. • Remedy errors in the RFP.
• Cancel the entire RFP.
• Issue a subsequent RFP.
• Approve or reject the use of a particular subcontractor / supplier. • Negotiate with any, all, or none of the Proposers. If WRCOG is unable to negotiate final contract Terms and Conditions that are acceptable to WRCOG, WRCOG reserves the right to award the contract to another Proposer(s).
• Accept other than the lowest priced Proposal.
• Award a contract without interviews, discussions, or negotiations. • Award a contract to one or more Proposers.
B. WRCOG may, at its discretion, and without explanation to prospective Proposer(s), at any time, choose to discontinue this RFP without obligation to such prospective Proposer(s).
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Packet Pg. 154 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 3 C. All Proposers should be aware of the insurance requirements for Contract Award. The Certificate of Insurance must be provided by the successful Proposer(s) prior to Contract Award. A contract may not be awarded if insurance requirements are not met.
D. WRCOG does not reimburse for the cost of Proposal preparation, even in the event of RFP cancellation.
E. Communication between the Proposer(s) and any member of the Proposal Review Committee during the selection process is prohibited, except in the manner expressly authorized in this RFP.
Violation of this restriction is grounds for disqualification of the communicating Proposer’s(s’) Proposal.
F. Every Proposal submitted is considered a firm offer that must be valid for a minimum of ninety (90) calendar days.
G. If applicable, WRCOG prefers that software developed under WRCOG’s contract not incorporate proprietary and / or third-party software components. This does not preclude the development of deliverables, which interface with commonly available, off-the-shelf software. However, contractors must determine in advance whether WRCOG already has, or is willing to procure, appropriate licenses for any proprietary and/or third-party software that would be required. Contractors must also provide the impacts of any enhancements and upgrades. WRCOG will require delivery of documentation and source code for all electronic intellectual property developed under a WRCOG contract prior to releasing final payment to the contractor/consultant.
7. ADDENDA
WRCOG reserves the right to revise the RFP documents. Any WRCOG changes to therequirements will be made by written addenda to this RFP. Any written addenda issued pertaining to this RFPshall be incorporated into the terms and conditions of any contract resulting from this RFP. Addenda will be posted on PlanetBids. It is the responsibility of the Proposer(s) to check PlanetBids to determine if any addenda have been issued. WRCOG will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result oforal instructions. Proposers shall acknowledge receipt of addenda in their Proposal. Failure to acknowledge receipt of all addenda may cause the Proposal to be deemed non-responsive tothis RFP and be rejected without further evaluation.
8. NOTIFICATION OF RIGHT TO PROTEST CONTRACT AWARD
Proposer(s) have the right to protest the contract award. A written protest must be filed with WRCOG’s Energy & Environmental Director within five working days after the decision of award is made. WRCOG will not accept any verbal protests. The protest must be a detailed, written statement of the protest grounds and reference the RFP Number and name of the designated Contracts Administrator. Grounds for a protest are that WRCOG failed to follow the selection procedures and adhere to requirements specified in this RFP or any addenda or amendments, there has been a violation of conflict of interest as provided by California Government Code Section 87100 et seq., or violation of State or Federal law. WRCOG will only consider those specific issues addressed in the written protest. The protest must be submitted to WRCOG via 1) certified mail and 2) e-mail using the contact information provided below.
Name Casey Dailey, Director of Energy & Environmental Programs Address 3390 University Avenue, Suite 200, Riverside, CA 92501 Phone (951) 405-6720
Email [email protected]
A written response from WRCOG will be directed to the protesting Proposer(s) within 14 calendar days of receipt of the protest, advising of the decision with regard to the protest and the basis of the
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Packet Pg. 155 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 4 decision.
9. CONFLICTS OF INTEREST
All Proposers responding to this RFP must avoid organizational conflicts of interest which would restrict full and open competition in this procurement. An organizational conflict of interest meansthat due to other activities, relationships, or contracts, a Proposer is unable, or potentially unable, to render impartial assistance or advice to WRCOG; a Proposer’s objectivity in performing the work identified in the Scope of Work is or might be otherwise impaired; or a Proposer has an unfair competitive advantage. In addition to the above requirements, all Proposers shall disclose any financial, business, or other relationship with WRCOG, WRCOG’s member agencies, their respective elected decisionmakers, and/or their respective staff that may have an impact upon the outcome of the procurement process and/or the proposed agreement, including but not limited to, past communications with any of the parties listed in this Section 9 that relate to the subject of this RFP.
10. CRITERIA
Any award to be made pursuant to this RFP will be based upon the Proposal with appropriate consideration given to operational, technical, cost, and management requirements. Evaluation of offers will be based upon each Proposer’s responsiveness to the RFP and the total price quoted for all items covered by the RFP.
The following elements will be the primary considerations in evaluating all submitted Proposals and in the selection of a Proposer(s):
A. Completion of all required responses in the correct format.
B. Qualifications and experience with similar projects and clients.
C. Key staff that will be working on the proposed tasks.
D. The extent to which Proposer’s proposed solution fulfills WRCOG-stated requirements as set forth in this RFP.
E. An assessment of the Proposer’s ability to deliver the indicated services in accordance with the specifications set out in this RFP.
F. The Proposer’s stability, experience, and record of past performance in delivering relevant services.
G. Availability of sufficient high-quality personnel with the required skills and experience for the specific approach proposed.
H. Overall cost of Proposer’s Proposal.
11. PROPOSAL INFORMATION, ORGANIZATION, AND CONTENT
This RFP contains a scope of work. Proposer’s submittal in response to this RFP will be incorporated into a final agreement between WRCOG and the selected Proposer(s). All Proposals shall contain, at a minimum, the following information:
A. Title Page
B. Table of Contents
C. Cover Letter
D. Firm Capabilities
E. Approach and Understanding of the Scope of Work Plan F. Appendix A: References
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Packet Pg. 156 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 5 G. Appendix B: Project Team Staffing
H. Appendix C: Company Overview
The page limit for Items A - F is 45 total pages. There is no page limit on appendices.
Title Page
The following must be provided on the title page:
• RFP number
• Title of the project indicating scope(s) included in proposal • Name and address of proposing firms and/or individuals • Phone and Fax of Proposer
• Primary contact person
• Email address of the primary contact person
• Signature of the individual authorized / obligated to commit the Proposer to this project.
Table of Contents
A clear identification of the materials by section and page numbers are to be included in the Table of Contents.
Cover Letter
The cover letter should be brief (two pages maximum) and outline the Proposer’s general approach, qualifications, and experience. In order to address the needs of this procurement, WRCOG will accept teams to propose in which proposing firms work cooperatively in presenting integrated solutions.
Proposer’s(s’) team arrangements may be desirable in that they will enable the companies involved to complement each other's unique capabilities, while offering the best combination of performance, cost, and delivery for financial assistance being provided under this RFP. WRCOG will recognize the integrity and validity of Proposer’s(s’) team arrangements provided that:
• The arrangements are clearly identified, and relationships are fully disclosed; and • A primary (lead) individual is designated who will be fully responsible for all contract performance.
Firm Capabilities
All Proposals must provide a comprehensive, yet concise description of the Proposer’s(s’) individuals’ capabilities including the following:
A. A track record of providing successful assistance on similar disciplines and tasks highlighted in the “Request for Detailed Scope of Work and Budget” section.
B. A track record of providing successful services to similar governmental entities.
C. Descriptions of the key staff that will actually be working on the proposed tasks and their experience working on similar issues.
D. If responding as a firm, the ownership, size, and location of the office responsible for providing services to WRCOG.
E. If responding as a firm, its legal organization (e.g., corporation, partnership) and year of incorporation.
F. If responding as a firm, a description of the firm’s equal employment opportunity and non3.A.9.a Packet Pg. 157 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 6 discrimination policies.
G. If responding as firm, a summary of the firm’s minority and female recruitment efforts and the percentage of minority and female officers, partners, or the equivalent.
H. A statement, in one page or less, of any other relevant factors that should be considered by WRCOG in evaluating the Proposal.
Proposals will be evaluated by a Proposal Review Committee on the basis of the Proposer’s(s’) skills and experience, proposed cost, presentation and completeness of Proposal, and the ability and willingness to work with WRCOG, its management, and references.
Proposers to this RFP should be mindful that WRCOG’s selection process prioritizes experience, knowledge, and abilities of key individuals more so than experience associated with a particular firm.
WRCOG has found that successful completion of a project is heavily reliant on the key staff that will be working with WRCOG on a regular basis.
Approach and Understanding of the Scope of Work Plan
Within a single overall proposal document, Proposer should include a separate and clearly labeled “Approach and Understanding of the Scope of Work Plan” section for the scope of work. Proposers are encouraged to propose enhancements or procedural or technical innovations to the Scope of Work that do not materially deviate from the objectives or required content of the project. WRCOG is requesting that the response to this portion of the RFP be limited to 45 total pages. There is no page limit on appendices.
Proposer(s) shall:
A. Provide a narrative, which addresses the Scope of Work, and shows understanding of WRCOG’s needs and requirements.
B. Describe the approach to completing the tasks specified in the Scope of Work. The work plan shall be of such detail to demonstrate the Consultant’s ability to accomplish the project objectives.
C. Sequentially outline the activities that would be undertaken to complete the tasks and specify who would perform the tasks.
D. Include a timeline for the proposed work. Furnish detailed and itemized pricing for the proposed work, including an estimate of hours required to complete the specified tasks, along with a total anticipated budget.
E. Identify methods that consultant will use to ensure quality control as well as budget and schedule control for the project.
F. Identify any special issues, problems, or risks that are likely to be encountered in this project and how the Proposer would propose to address them.
Also, please provide hourly billing rates for staff you are proposing to include on this RFP for services not directly identified in the Scope of Work.
Appendix A: References
Please provide three references, including names and contact information. If bidding on more than one scope of work, provide at least one reference for each scope area included in proposal, as part of the three total references. References should not include any WRCOG staff or WRCOG Committee members.
Appendix B: Project Team Staffing
Please include biographies and relevant experience of key staff who would be assigned to the project.
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Packet Pg. 158 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 7 Please describe coverage levels of employees who would be assigned to this project. If bidding on more than one scope of work, clearly identify which scope(s) key staff would support. Affirm that no employees working on the engagement have ever been convicted of a felony.
Appendix C: Company Overview
Please provide the following for your company:
• Official registered name (Corporate, D.B.A., Partnership, etc.), Dun & Bradstreet Number, Primary and secondary SEC numbers, address, main telephone number, toll-free number(s), and fax number(s).
• Primary key contact name, title, address (if different from above address), direct telephone, and fax number(s).
• Person authorized to contractually bind the organization for any Proposal against this RFP.
12. REQUEST FOR DETAILED SCOPE OF WORK AND BUDGET
Proposers must include budget and cost breakdown for the 18 member jurisdictions. Please note that prior work to identify some food rescue organizations and food rescue service organizers for a portion of WRCOG member cities has been compiled and will be available upon request.
Tasks listed within the scope(s) are provided as guidelines. Proposers may recommend supplemental tasks but must explain their rationale. For the scope(s) included in a Proposer’s response, all tasks and deliverables must be identified as distinct line items with accompanying narrative and costs.
SB 1383 Regulatory Background for Edible Food Recovery
As stated within Section 18991.1 of the SB 1383 adopted guidelines, cities must implement an edible food recovery program that educates commercial edible food generators, increases commercial edible food generator access to food recovery organizations and food recovery services, monitors commercial edible food generator compliance, and increases edible food recovery capacity if the analysis required by Section18992.2 of the adopted guidelines indicates that the cities do not have sufficient capacity to meet their edible food recovery needs.
As a result, cities are mandated and directed to complete the following activities:
Section 18985.2 of the Adopted SB 1383 Guidelines: Cities must develop a list of food recovery organizations and food recovery services operating within their jurisdictions and maintain the list on their websites on or before February 1, 2022. The list must be updated annually and includes each food recovery organization and each food recovery service’s name, physical address, contact information, collection service area, and the types of food that they accept. Additionally, cities must provide commercial edible food generators, at least on an annual basis, with information about the cities’ edible food recovery programs established pursuant to Section 18991.1 of the adopted guidelines, information about the commercial edible food generator requirements specified in Article 10 of the adopted guidelines, information about food recovery organizations and food recovery services operating within their jurisdictions, where a list of those food recovery organizations and food recovery services can be found, and information about actions that commercial edible food generators can take to prevent the creation of food waste.
Section 18985.3 of the Adopted SB 1383 Guidelines: Cities must include all relevant documents supporting its outreach and education compliance with Article 4 of the adopted guidelines in the Implementation Record required by Section 18995.2 of the adopted guidelines, including but not limited to:
• Copies of the information provided to comply with Article 4 of the adopted guidelines, including
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Packet Pg. 159 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 8 flyers, brochures, newsletters, invoice messaging, and website and social media postings. • The date, and to whom the information was disseminated, or direct contact made. If a jurisdiction provides mass distribution through mailings or bill inserts, it shall provide the date, a copy of the information, and the type and number of accounts receiving the information. • If the requirements of Article 4 of the adopted guidelines were met solely through the use of electronic media, the record shall include a copy, with dates posted, of social media posts, emails, or other electronic messages.
• If a jurisdiction relies on a designee, as allowed in Section 18981.2 of the adopted guidelines, it shall include a copy of the materials distributed by the designee.
Section 18990.2 of the Adopted SB 1383 Guidelines: Cities cannot implement or enforce an ordinance, policy, or procedure that prohibits the ability of a generator, food recovery organization, or food recovery service to recover edible food that could be recovered for human consumption.
Section 18991.2 of the Adopted SB 1383 Guidelines: Cities must include all documents supporting its compliance with Section 18991.1 of the adopted guidelines in the Implementation Record as required by Section 18995.2 of the adopted guidelines, including at a minimum:
• A list of commercial edible food generators in their jurisdictions that have a contract or written agreement with food recovery organizations or services pursuant to Section 18991.3(b) of the adopted guidelines.
• A list of food recovery organizations and food recovery services in their jurisdictions and their edible food recovery capacity.
• Documentation of the actions that the jurisdictions have taken to increase edible food recovery capacity.
Section 18992.2 of the Adopted SB 1383 Guidelines: If a county identifies that new or expanded capacity is needed to recover the required amount of edible food, cities must submit an implementation schedule to CalRecycle that demonstrates how they will ensure that there is enough new or expanded capacity to recover the required amount of edible food within their jurisdictions by the end of the reporting period set forth in Section 18992.3 of the adopted guidelines. The implementation schedule must include timelines and milestones for planning efforts to access additional new or expanded capacity, including but not limited to obtaining funding for edible food recovery infrastructure, modifying franchise agreements, demonstrating other means of financially supporting the expansion of food recovery capacity, or identifying facilities, operations, and activities inside the county that can be used for additional capacity. Cities that are contacted by the county regarding the lack of edible food recovery capacity must respond to the county’s request for information necessary to comply with the requirements within 120 days.
Section 18994.1 of the Adopted SB 1383 Guidelines: Cities must report to CalRecycle on their implementation and compliance with the requirements of the adopted guidelines. By April 1, 2022, cities must submit a copy of ordinances or other enforceable mechanisms adopted pursuant to the adopted guidelines, reporting items identified in Section18994.2(b) of the adopted guidelines, and the name, mailing address, phone number, and email address of the designated points-of-contact at the cities responsible for receiving communications regarding SB 1383 compliance. Cities must also provide the name and address of the agent designated by the jurisdictions for the receipt of service of process from CalRecycle for the purposes of enforcement of the SB 1383 regulations if agent is different from the designated points-of-contact.
Section 18994.2 of the Adopted SB 1383 Guidelines: Cities must report the information required to CalRecycle according to the following schedule:
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Packet Pg. 160 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 9 • On or before October 1, 2022, cities must report for the period of January 1, 2022, through June 30, 2022.
• On or before August 1, 2023, and on or before August 1 of each year thereafter, cities must report for the period covering the entire previous calendar year. • Cities must report the following regarding its implementation of the edible food recovery requirements of Article 10 of the adopted guidelines:
o The number of commercial edible food generators located within their jurisdictions. o The number of food recovery services and organizations located and operating within their jurisdictions that contract with or have written agreements with commercial edible food generators for food recovery.
Cities must require food recovery organizations and services that are located within their jurisdictions and contract with or have written agreements with commercial edible food generators pursuant to Section 18991.3(b) of the adopted guidelines to report the amount of edible food in pounds recovered by the service or organization in the previous calendar year to the jurisdictions.
Cities must report on the total pounds of edible food recovered by food recovery organizations and services pursuant to Subdivision (h)(2)(A) of Section 18994.2 of the adopted guidelines.
Cities, in collaboration with counties, must report on the food recovery capacity regarding the tons estimated to be generated for landfill disposal, the amount of capacity verifiably available to the county and cities within the county, the amount of new capacity needed, and locations identified for new or expanded facilities.
Cities must also report the following regarding their implementation of the compliance, monitoring, and enforcement requirements specified in Articles 14-16 of the adopted guidelines:
• The number of inspections conducted by type for commercial edible food generators and food recovery organizations.
• The number of complaints pursuant to Section 18995.3 of the adopted guidelines that were received and investigated, and the number of Notices of Violation issued based on investigation of those complaints.
• The number of Notices of Violations issued, categorized by the type of entity subject to the adopted guidelines.
• The number of penalty orders issued, categorized by the type of entity subject to the adopted guidelines.
• The number of enforcement actions that were resolved, categorized by the type of regulated entity.
Section 18995.1 of the Adopted SB 1383 Guidelines: Beginning January 1, 2022, cities must conduct inspections of Tier 1 commercial edible food generators and food recovery organizations and services for compliance with the adopted guidelines. Inspections of Tier 2 commercial edible food generators for compliance with the adopted guidelines must begin on January 1, 2024. • Beginning January 1, 2022, cities must investigate complaints as required under Section 18995.3 of the adopted guidelines.
• Beginning January 1, 2022, and until December 31, 2023, cities must provide educational materials describing the applicable requirements of the adopted guidelines in response to violations. • Beginning January 1, 2024, cities must enforce the adopted guidelines pursuant to Sections18995.4 and 18997.2 of the adopted guidelines in response to violations. Details of SB 1383enforcement procedures can be found in Section 18995.4 of the adopted guidelines. • Cities must conduct a sufficient number of inspections of entities to adequately determine overall
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Packet Pg. 161 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 10 compliance with the adopted guidelines. Cities may prioritize inspections of entities that they determine are more likely to be out of compliance.
Cities must generate a written or electronic record for each inspection and compliance review conducted pursuant to the adopted guidelines. Each record must include the subject or subjects of the inspection, including the name or account name of each person or entity, the date of the inspection or compliance review, the person(s) who conducted the action, findings regarding SB 1383 compliance, including any Notices of Violation or educational materials issued, and other evidence supporting the findings such as photographs and records. Documentation of all inspections and compliance reviews, as well as all other records of enforcement, must be maintained in the Implementation Record required by Section 18995.2 of the adopted guidelines.
Section 18995.2 of the Adopted SB 1383 Guidelines: Cities must maintain all records required by the adopted guidelines, including both organic waste and food recovery components, in the Implementation Record. Each city must store the Implementation Record in one central location, physical or electronic, that can be readily accessed by CalRecycle. Upon request by CalRecycle, the cities must provide access to the Implementation Record within 10 business days. All records and information must be included in the Implementation Record within 60 days of the creation of the record or information. All records must be retained by the cities for 5 years.
Section 18995.3 of the Adopted SB 1383 Guidelines: Cities must provide a procedure for the receipt and investigation of written complaints of alleged violations of the SB 1383 regulations. Cities must allow for the submission of anonymous complaints. The procedure must provide that complaints be in writing and include the name and contact information of the complainant (if not anonymous), the identity of the alleged violator (if known), a description of the alleged violation including location(s) and all other relevant facts known to the complainant, any relevant photographic or documentary evidence supporting the allegations, and the identity of witnesses (if known). A jurisdiction must commence an investigation within 90 days of receiving a complaint if a jurisdiction determines that the allegations, if true, would constitute a violation of SB 1383 regulations. The jurisdiction must provide a procedure to notify a complainant of the results of their complaint if the identity and contact information of the complainant are known.
The selected consultant shall implement activities that support participating cities to comply with the aforementioned mandates. The Proposer is strongly recommended to review the SB 1383 Guidelines prior to submitting proposal documents. A standard Scope of Work can be found in this RFP.
This RFP and the Proposer’s proposal will become part of the Agreement when said Agreement is fully executed by the Proposer and the WRCOG. A standard scope of work is included in this RFP. A detailed scope and deliverables will be developed during negotiations with the selected Consultant.
Scope of Work*
Task 1 Project Management
Task 1.1 Kickoff Meeting
The Consultant shall conduct a kickoff meeting with the WRCOG and representatives of participating cities. The primary objectives will be to review scope, schedule, project goals, and key issues.
Deliverables: Meeting notes and materials for kickoff meeting.
Task 1.2 Project Team Coordination
Biweekly project team meetings, regular phone and e-mail correspondence, and
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Packet Pg. 162 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 11 other communications with WRCOG to ensure that the tasks listed in this SOW stay on schedule and within budget.
Deliverables: Meeting notifications, agendas, and notes.
Task 1.3 Project Management Update Meetings
The Consultant shall facilitate approximately 6 - 8 meetings with WRCOG and representatives of participating cities to solicit feedback on draft deliverables.
Deliverables: Meeting notifications, agendas, notes, and other relevant drafts and documents.
Task 2 Capacity and Compliance
Task 2.1 Food Recovery Agencies and Organizations
The Consultant shall review the food recovery capacity of each participating city and determine whether their identified food rescue agencies and organizations have existing contracts and written agreements with participating cities’ commercial edible food waste generators and provide a detailed report.
Deliverables: A detailed report containing a list of edible food recovery agencies and organizations as identified by the participating cities’ and whether the identified food rescue agencies have existing contracts and/or written agreements.
Task 2.2 Tier 1 and Tier 2 Edible Food Waste Generators Compliance The Consultant shall review participating cities’ Tier 1 and Tier 2 edible food waste generators and assess the generators for their existing food recovery capacity and their current compliance statuses, including whether or not the generators have existing contracts or written agreements with food recovery services or organizations, with SB 1383’s edible food recovery regulations.
Deliverables: A detailed report providing details on participating cities’ Tier 1 and Tier 2 edible food waste generators, their statuses on their participation in edible food donation programs, and their SB 1383 food recovery compliance statuses of such edible food donation programs. The report shall be compiled in the form of one regional document, with the information on each participating city formatted by sections.
Task 3 Public Outreach
Task 3.1 Develop Outreach and Education Plan
The Consultant shall develop and propose an outreach and education plan and timeline for participating cities’ Tier 1 and Tier 2 edible food waste generators and stakeholder groups and specify plans to incorporate communication, marketing, and outreach / education efforts. The plan shall include email notifications to participating cities’ Tier 1 and Tier 2 edible food waste generators, social media, and website postings, and five regional educational workshops (with recording available). The Consultant shall also create materials for the outreach and education plan based on resources provided by CalRecycle, including flyers
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Packet Pg. 163 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 12 brochures, presentations, and website and social media templates. All materials must be provided in English and Spanish.
Deliverables: Multilingual outreach and education materials and a detailed plan on comprehensive outreach and education efforts for participating cities’ Tier 1 and Tier 2 edible food waste generators and stakeholder groups.
Task 3.2 Implement Outreach and Education Plan
Upon approval by WRCOG, the Consultant shall implement the proposed outreach and education plan. The Consultant shall provide records of all outreach and education efforts, along with copies of the utilized marketing materials, that were conducted. The records shall include the date and to whom the information was disseminated, or direct contact made.
Deliverables: Weekly reports and updates on conducted outreach and education efforts, including emails, presentations, individuals / entities outreached, outcomes / relevant documents, and copies of the utilized marketing materials.
Task 4 Inspection Program Development
Task 4.1 Develop Inspection Schedule and Plan
Based on the information identified in Task 2, the Consultant shall develop a schedule and plan to implement a program, including a mechanism that allows for the submission of anonymous complaints and determining the validity of those complaints based on Section 18995.3 of the adopted guidelines, to conduct inspections of participating cities’ Tier 1 commercial edible food generators and food recovery organizations and services for compliance with the adopted SB 1383 guidelines.
Please note that cities must conduct inspections of Tier 1 commercial edible food generators and food recovery organizations and services for compliance beginning January 1, 2022. Inspections of Tier 2 commercial edible food generators for compliance with the adopted guidelines must begin on January 1, 2024.
By law, the Consultant does not have authority to issue citations; however, the Consultant shall develop an effective method to quickly and effectively inform participating cities to issue educational materials and/or citations if noncompliance is identified during inspections.
Between January 1, 2022, and December 31, 2023, cities must provide educational materials describing the applicable requirements of the adopted guidelines in response to violations. Starting on January 1, 2024, cities must enforce the adopted guidelines pursuant to Sections 18995.4 and 18997.2 of the adopted guidelines in response to violations.
Deliverables: A report detailing the proposed schedule and plan to
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Packet Pg. 164 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 13 implement an inspection program in participating cities, including details of an effective method to quickly and effectively inform participating cities to issue educational materials and/or citations if noncompliance is identified during inspections. The report must be presented to WRCOG and participating cities for review.
Task 5 Inspection Program Implementation
Task 5.1 Implement Inspection Schedule and Plan
Upon the approval by WRCOG and its participating cities, the Consultant shall begin implementing the inspections. The Consultant shall document the number of inspections conducted by type for commercial edible food generators and food recovery organizations, the number of complaints pursuant to Section 18995.3 of the adopted guidelines that were received and investigated, and the number of Notices of Violations issued (in partnership with participating cities) based on investigation of those complaints. Additionally, the Consultant shall, in partnership with participating cities, document the number of Notices of Violation, penalty orders, and enforcement actions that were resolved, categorized by type of entity subject to the adopted guidelines.
Deliverables: Documentation of the number of inspections conducted by type for commercial edible food generators and food recovery organizations, the number of complaints pursuant to Section 18995.3 of the adopted guidelines that were received and investigated, and the number of Notices of Violations issued (in partnership with participating cities) based on investigation of those complaints. Additionally, the Consultant shall, in partnership with participating cities, provide documentation of the number of Notices of Violation, penalty orders, and enforcement actions that were resolved, categorized by type of entity subject to the adopted guidelines.
Such documents shall be provided monthly.
Task 6 Food Recovery Program
Task 6.1 Regional Food Recovery
The Consultant shall draft a regional food recovery plan with the goal to assist existing food recovery organizations (within the participating cities) to address donations specifically from Tier 1 and Tier 2 food waste generators. The plan and the tactics for this program are to be developed by the consultant. WRCOG will not prescribe the methodology but will provide the details of the program and review with participating cities prior to approval and implementation.
Deliverables: Report detailing the program, methodology, tactics to connect food rescue organizations with food waste generators, marketing / outreach and implementation timeline.
Task 7 Final Report
Task 7.1 Final Report Deliverable
The Consultant shall compile a Final Report that includes details on the outreach efforts that were conducted, the assessments that were performed under Task 2, the food recovery needs and operations of participating cities’ Tier 1 and Tier 2
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Packet Pg. 165 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 14 food waste generators, the food recovery needs and operations of food recovery agencies and organizations in and around Western Riverside County, a regional food recovery program plan and recommendations on the necessary steps that participating cities should consider to ensure SB 1383 compliance.
Deliverables: Final report detailing the outreach efforts that were conducted, the assessments that were performed under Task 2, the food recovery needs and operations of participating cities’ Tier 1 and Tier 2 waste generators, the food recovery needs and operations of food recovery agencies and organizations in and around the San Gabriel Valley, and recommendations on the necessary steps that participating cities should consider ensuring SB 1383 compliance.
*The Scope of Work may be amended after the issuance of the Notice to Proceed to include additional assistance to participating jurisdiction(s) with specific needs.
13. CONTACT AND REQUESTS FOR CLARIFICATION
The principal contact for WRCOG will be Olivia Sanchez, Program Manager, (951) 405-6721, [email protected], a designated representative who will coordinate the assistance to be provided by WRCOG to the Proposer. Throughout the RFP process, Proposer may not contact the following parties regarding this procurement: 1) any other members of WRCOG’s staff; 2) members of WRCOG’s legislative body; and/or 3) representatives of WRCOG’s member agencies that may vote on or influence the proposed agreement. Any and all inquiries and comments regarding this RFP must be communicated pursuant to the process described in this Section 13. WRCOG may, in its sole discretion, disqualify any Proposer who engages in any prohibited communications.
All questions, requests for interpretations or clarifications, either administrative or technical must be submitted via the WRCOG PlanetBids portal. All questions, requests for interpretations, or clarifications, if answered, will be answered in writing, conveyed to all interested firms, and posted on the WRCOG PlanetBids portal. To ensure a response, questions must be received via the WRCOG PlanetBids portal by the date and time listed in Section 5 – Schedule of Events. Any communications submitted past this deadline will not be answered.
14. TERMS AND CONDITIONS
Any Proposer or person submitting a Proposal shall state their willingness to agree to the following terms and conditions:
A. Termination - A termination agreement is to be negotiated between the parties that includes provisions on termination for cause and termination for convenience.
B. Oral Presentations - Any individual or firm who submits a Proposal in response to this RFP must be willing to make oral presentations related to contract-related activities at therequest of the WRCOG.
C. Compensation - The total value of this contract is undefined and contains the option of renewal at the discretion of WRCOG. The schedule of compensation will be mutually negotiated. The compensation plan will include payment based upon an assessment of the vendor’s attainment of specific, measurable outcomes or “performance benchmarks,” which will be mutually developed between WRCOG and the selected Proposer(s).
15. WRCOG STANDARD PROFESSIONAL SERVICES AGREEMENT
The successful Proposer(s) will be required to sign WRCOG’s standard Professional Services
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Packet Pg. 166 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 15 Agreement (PSA) in order to receive the contract award. Proposer(s) must identify in their Proposal any concerns or objections they would have with any of the PSA terms and conditions if selected for contract award. Proposer(s) shall propose alternative language for consideration in their Proposal. If WRCOG is unable to negotiate final contract Terms and Conditions that are acceptable toWRCOG, WRCOG reserves the right to award the contract to another Proposer. The agreement is available in PlanetBids in the Documents tab as part of this RFP.
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Packet Pg. 167 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) 16 Attachment A: Scoring Criteria
Regional Food Recovery and Local Assistance Program Services Evaluation Criteria Max. Possible
Points
TECHNICAL APPROACH
• Tasks & approach clearly described
• Creative/innovative approach
• Project intent has been met
30 CONSULTANT FIRMS
Prime Consultant
• Familiar with regional and local issues
• Experience with similar projects of the same size and scope Sub-Consultants (if any)
• Each sub provides unique service(s) to the team
• Subs are fully capable of performing their tasks
30 PROJECT MANAGEMENT
• Qualifications of key individuals
• Time commitment of key individuals
15 PROJECT COSTS
• Realistic cost for services to be performed
20 REFERENCES
• Similar projects completed on time and within budget
5 TOTAL 100
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Packet Pg. 168 Attachment: RFP 22-13 Regional Food Recovery (Agreement with WRCOG for SB1383 Edible Food Recovery Consulting Services) Regional Food Recovery
and Local Assistance
Western Riverside Council of Governments
REQUEST FOR PROPOSAL SUBMISSION
NUMBER 22-13
JANUARY 26, 2023
MARIPOSA ECO CONSULTING, INC.
1618 Fairway Oaks Ave. · Banning, California 92220
CYNTHIA LOZANO VANT HUL
[email protected]
909-560-0542 · mariposaecoconsulting.com
DEGRAVE COMMUNICATIONS
40575 Cal Oaks Rd. D2-137 · Murrieta, CA 92592
LISELLE DEGRAVE, APR
[email protected]
951-764-0865 · DeGravePR.com
MSW CONSULTANTS
41760 Ivy St., Suite 203 · Murrieta, California 92562
DAVID DAVIS, CMA
[email protected]
951-694-400 · MSW-Consultants.com
3.A.9.b
Packet Pg. 169 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food A. Title Page 1
B. Table of Contents 2
C. Cover Letter 3
D. Firm Capabilities 4
E. Approach and Understanding 12
Budget 21
F. Appendix A: References 27
G. Appendix B: Project Team Staffing 35
H. Appendix C: Company Overview 48
B. Table of Contents
3.A.9.b
Packet Pg. 170 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food
CASEY DAILEY DIRECTOR OF ENERGY & ENVIRONMENTAL PROGRAMS 3390 UNIVERSITY AVENUE, SUITE 200 · RIVERSIDE, CA 92501 · [email protected]
LISELLE REGUIERO DEGRAVE, APR
PRESIDENT · DEGRAVE COMMUNICATIONS, INC.
40575 Cal Oaks Road D2-137 · Murrieta, CA 92562
951.764.0865 · [email protected]
JANUARY 26, 2023
DAVID DAVIS, CMA
PRESIDENT · MSW CONSULTANTS
41760 Ivy St., Suite 203 · Murrieta, California 92562
951.694.4001 · [email protected]
CYNTHIA LOZANO VANT HUL PRESIDENT
PRESIDENT · MARIPOSA ECO CONSULTING
1618 Fairway Oaks Avenue · Banning, California 92220
909-560-0542 · [email protected]
DEAR MR. DAILEY,
MSW Consultants, along with DeGrave Communications, and Mariposa Eco Consulting, are pleased to submit this proposal to perform Regional Food Recovery & Local Assistance to the Western Riverside Council of Governments (WRCOG). We believe our experienced staff and our breadth of knowledge in the solid waste and communications industries enables us to successfully perform this project. The following characteristics of our team set us apart from our competitors.
Team with extensive experience in assisting local governments comply with AB 341, AB 1826 and SB 1383
Top Team Members with Accreditations in Public Relations (DeGrave Com) Collective Years in Marketing, Communications and Branding (DeGrave Com) Industry awards (DeGrave Com)
Founded in 2000, MSW Consultants has provided solid waste and recycling consulting services exclusively to local governments in the areas of finance, economics, and public policy. With over 30 years experience in the solid waste industry, our organization has provided a broad range of solid waste consulting services to over 80 cities, counties and special districts in the areas of auditing, contract negotiation, rate setting, competitive service procurement, contract compliance, waste diversion, and regulatory compliance.
With DeGrave Communications’ in-depth experience in developing award-winning communications, marketing and branding strategies for dozens of public-sector agencies, and first-hand knowledge of Southern California, we believe our team is the perfect fit and will bring a unique understanding to this project. For this project, MSW Consultants will serve as prime contractor. As president of MSW Consultants, I have the authority to bind the firm in a contract with WRCOG. I acknowledge that the proposal will be valid for at least 90 days and will become part of MSW Consultants’ professional service agreement with WRCOG.
Collectively, the MSW Consultants/DeGrave/Mariposa Eco Consulting team have an unmatched understanding of the Riverside County region and have worked with several WRCOG member jurisdictions. Our firms will work side-by-side to achieve the objectives, and tasks set forth in this proposal. MSW Consultants will take the lead on the overall project management, and execution of Tasks 1, 2, 4, 5, 6, 7. The DeGrave team will oversee the execution of Task 3, and collaborate with MSW Consultants in Task 7. Mariposa Eco Consulting will support Tasks 4, 5 and 6.
Thank you for the opportunity to submit our proposal. Our team would welcome the opportunity to interview with WRCOG staff and member agencies.
Sincerely yours,
3.A.9.b
Packet Pg. 171 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food D. Firm Capabilities
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Packet Pg. 172 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 5 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
D. Firm Capabilities
Founded
2000
Locally Based in
Murrieta, CA
Multilingual
Capabilities
Knowledge of
Riverside County
Collectively we have worked with
9 WRCOG Member agencies 9
Specialization in SB 1383
Outreach Projects
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D. Firm Capabilities (A & B)
MSW CONSULTANTS
A. MSW Consultants has provided solid waste consulting services to over 80 local governments in the areas of finance, economics, and public policy.
We have over 30 years of experience providing consulting service over the full range of integrated waste management including collection, recycling, material processing, and disposal. We are continually helping our clients navigate the myriad of federal, state, and local rules that govern the solid waste management industry.
DEGRAVE COMMUNICATIONS
A. DeGrave Communications has a proven track record of working on dozens of similar projects to those listed in the scope of work. From developing large-scale agency-wide strategic communications plans to smaller waste-specific campaign communication outreach plans, our team has tackled them all. We understand the value of creating plans that are agency-specific, not cookie cutter. Specifically, our team has worked with City of Folsom, City of Newport Beach, City of Agoura Hills and City of Downey to develop communication plans for their unique SB 1383 outreach efforts. We assist our statewide public agencies with social media outreach, website copy and material development daily. As we have transitioned into a digital world, we have been able to help our clients with townhall meetings both in-person and virtually. More recently, we worked with SAWPA to develop a three-county outreach effort for a Trust the Tap campaign in English, Spanish and Chinese. Providing educational materials and resources to SAWPA’s member agencies in Orange, Riverside and San Bernardino Counties.
MARIPOSA ECO CONSULTING, INC.
A. Mariposa Eco Consulting integrates all aspects of an environmental management firm, including air, water, solid waste, sustainable program management, energy, greenhouse gas reduction and measurement, hazardous waste and universal waste management, and resource conservation. We assist our clients with seeing the benefits of a sustainable earth; complying with and improving upon environmental laws, while generating profits and growth.
MSW CONSULTANTS
B. The MSW team consists of professional accountants and outreach specialists with extensive experience with designing and implementing solid waste programs.
DEGRAVE COMMUNICATIONS
B. Our team specializes in working with public agencies. We understand government and we understand WRCOG. Our team has worked internally and externally for public agencies; We understand the unique challenges that government agencies face. Some of our clients include: City of Agoura Hills, City of Folsom, City of Murrieta, City of Eastvale, City of Lake Elsinore, Elsinore Valley Municipal Water District, Western Municipal Water District and Lake Elsinore & San Jacinto Watersheds Authority (SAWPA).
MARIPOSA ECO CONSULTING, INC.
B. Mariposa Eco Consulting works with all aspects of businesses, local government, and communities to design, develop, and implement sustainable programs that work. We take the time to understand the specific circumstances of our clients, including demographics, economics, and environmental factors, allowing our clients to realize profits and compliance.
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Packet Pg. 174 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 7 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
D. Firm Capabilities (C)
MSW CONSULTANTS
DAVID DAVIS, CMA · PROJECT DIRECTOR
Mr. David Davis is a Certified Management Accountant (CMA) with over 30 years of experience in the field of solid waste management. Mr. Davis’ expertise lies in working with municipal managers to maximize the value of the solid waste services provided to their ratepayers. He has held executive management positions in both the private and public sectors and has extensive experience in providing business advisory services to local government in the field of solid waste management.
ROLE: Mr. Davis will serve as the Project Director for this project.
He will be the main point of contact and have overall responsibility for the project. He will direct the planning of the project and attend all meetings.
LUCAS ARIAS · PROJECT MANAGER
Lucas is a highly effective project manager. He has substantial experience in the waste industry and has served multiple cities across Los Angeles, Orange, Riverside, and Ventura counties. He graduated from California State University, Northridge with a BA in Jazz Studies. Before entering the waste industry, Mr. Arias has performed as a trumpet player and drummer with multiple artists across the country.
Role: Mr. Arias will serve as Project Manager. He will oversee the dayto-day operation to ensure all milestone and deadlines are met and review all reports for each task on this project. He will serve as task lead for facilitating meetings, assessing capacity and compliance, and developing and implementing the inspection program.
GIRARD MOBLEY · PROJECT ANALYST
Mr. Mobley is a skilled financial and project analyst. He has extensive experience in conducting audits on waste haulers for municipalities, and in providing recycling outreach and education to commercial waste generators. He graduated from San Diego State University with a BS in Business Administration with a focus on Finance and a minor in Economics. He is also a certified practitioner in the zero waste principles and practices.
Role: Mr. Mobley will serve as Project Analyst. He will serve as task lead for developing the food recovery program, drafting the final report and assisting as needed for all other tasks.
ALYSON SCHILL · CEO, CAREIT
Alyson brings an intimate knowledge of zero food waste to powerfully move initiatives forward. She continues to thrive at the heart of shaping and advocating for city, county, and statewide policies and support for food waste prevention. With a background in volunteer management, gleaning, sustainable event production, environmental service-learning leadership in educational institutions, and restaurant management, Alyson combines experiences from across the food waste chain to create meaningful and comprehensive waste reduction programs. Alyson is the CEO of the food donation app, Careit.
Role: Alyson will assist with onboarding jurisdictions into the Careit app and training. She will also provide technical support during inspections to tier generators.
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D. Firm Capabilities (C)
KAYLA FRIEDERICH · OUTREACH TECHNICIAN
Ms. Kayla Friederich is a diligent project analyst new to the solid waste industry. She has high standards for reporting quality data and providing effective outreach. Before joining MSW Consultants, Ms. Friederich has customer service experience in food service and retail. She has also gained further communication experience through social media creation by interning with The Water Conservation Garden and by assisting her family’s small business.
Role: Ms. Friederich will serve as Outreach Technician. She will assist with capacity and compliance, implementing public outreach, and implementing the inspection program.
DEGRAVE COMMUNICATIONS, INC.
LISELLE DEGRAVE, APR · DIRECTOR
A veteran communicator, Liselle has nearly 20 years of experience and her expertise includes spearheading communications, marketing and outreach projects for public-sector, and non-profit clients throughout California. Her background blends both in-house communications and agency expertise to ensure impactful communications strategies for the clients she serves. She will serve as the principal-in-charge.
Role: Will be involved in Task 3 - overseeing the project management for all outreach efforts as well as strategy.
RACHEL MCGUIRE, MBA, APR · PROJECT MANAGER
Rachel is a recognized leader in the field of public relations and communications and brings nearly 20 years of experience working in-house and in an agency setting to this project along with a proven track record of award-winning communications, marketing, outreach and branding strategies. For this engagement, Rachel will serve as the director leading DeGrave Communication’s fully integrated team of communications, marketing and outreach professionals.
Role: Will be involved in Task 3 – serving as project manager for all outreach efforts as well as strategy and developing copy.
JESSICA WINN · ACCOUNT EXECUTIVE
Jessica is a leader in the areas of organization administration and marketing. She has a proven track record of effectively supporting the DeGrave Communications team with community engagement, managing project organization and research. For this endeavor she will serve DeGrave Communication’s fully integrated team of communications, marketing and outreach professionals to support research efforts.
Role: Will be involved in Task 3 – serving the team with any member agency requests, scheduling agency workshops and needed organizational support.
ASHLEY RINGGER · STRATEGIC VISUAL DESIGNER
Ashley is an accomplished professional in the fields of communications and public affairs. She brings nearly 15 years of experience in community outreach and engagement as well as graphic and website design to RMG
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Packet Pg. 176 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 9 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
D. Firm Capabilities (C)
Communications. With a passion for public service and working in water, Ashley has designed communications campaigns and collateral for our clients, including program websites, social media content and graphics, fact sheets, water quality reports and Prop. 218 notifications. A gifted storyteller, graphic artist and web designer she will assist with crafting dynamic visuals together with meaningful content for this project.
Role: Will be involved in Task 3 – designing all needed campaign design elements including, but not limited to e-blasts, social media posts and campaign materials.
MARIPOSA ECO CONSULTING, INC.
CYNTHIA LOZANO VANT HUL · PROJECT MANAGER
Cynthia Lozano Vant Hul (President/Project Manager) is qualified by reasons of education, training background and over 25 years’ experience in the solid waste and recycling industry. Cynthia has 14 years’ experience providing subcontracting contract services. Cynthia holds a Master of Public Administration degree, from California State University San Bernardino. Since 2003, Cynthia has been a Director with the Southern California Waste Management Forum (SCWMF). In 2022, Cynthia was appointed as the President of the SCWMF. In 2019, she was appointed as a Director to the Women in Solid Waste & Recycling (WISR), new LA Chapter and since 2000 a member in good standings with the California Resource Recovery Association (CRRA).
Role: Cynthia will assist with the design of the inspection plan and edible food recovery program.
KYLE VANT HUL · PROJECT ANALYST
Kyle Vant Hul (Project Analyst) has 14 years’ experience in the solid waste and recycling industry. He is a certified resource, recovery, and recycling consultant. Since 2011, Kyle was the lead recycling trainer for the LAUSD Expanded Recycling program. Kyle have led numerous comprehensive City audits in the Los Angeles, Orange, and Imperial Counties and in the Los Angeles County Garbage Districts. In 2017/2018 Kyle led sixteen Zero Waste Representatives in the Northeast Valley (NEV) City of Los Angeles, recycLA program. Today, Kyle provides the “On the Ground” daily assistance with the Recycling Coordinator staff within the LA Market in completing site assessments, program implementation and training.
ROLE: Kyle will assist with the implementation of the inspection program.
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Packet Pg. 177 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 10 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
D. Firm Capabilities
D. Firm Capabilities (D)
MSW CONSULTANTS
MSW Consultants is owned by David Davis, CMA and is a small size S-corp located in Murrieta, CA.
DEGRAVE COMMUNICATIONS
DeGrave Communications, Inc. is owned by Liselle DeGrave, APR and is a small size S-corp located in Murrieta, CA.
MARIPOSA ECO CONSULTING, INC.
Mariposa Eco Consulting, Inc. is owned by Cynthia Lozano Vant Hul and is a small sized California corporation located in Banning, CA.
D. Firm Capabilities (E)
MSW CONSULTANTS
MSW Consultants is owned by David Davis, CMA and is an S-corp founded in 2000.
DEGRAVE COMMUNICATIONS
DeGrave Communications, Inc. is currently an S-corp, incorporated in 2018, but founded in 2003 as a sole proprietorship.
MARIPOSA ECO CONSULTING, INC.
Mariposa Eco Consulting, Inc. is a California corporation: #C4009500, incorporated in 2011.
D. Firm Capabilities (F)
There are no special issues, problems, or risks that are likely to be encountered in this project and how the Proposer would propose to address them.
MSW Consultants, DeGrave Communications and Mariposa are all equal opportunity employers and do not condone any type of discrimination in the workplace.
At MSW Consultants, we believe that equal opportunity applies to everyone, we also understand that it is especially important for people in groups that have historically been subjected to unfair treatment in the workplace. Although we don’t promise to employ or promote all people in such groups, we do pledge to treat qualified job applicants and employees eligible for promotion fairly. We also pledge to avoid discriminating against them based on conscious or unconscious biases.
Moreover, we prohibit discrimination and harassment of any type and afford equal employment opportunities to employees and applicants without regard to race, color, religion, sex, sexual orientation, gender identity or expression, pregnancy, age, national origin, disability status, genetic information, protected veteran status, or any other characteristic protected by law. We conform to the spirit as well as to the letter of all applicable laws and regulations.
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D. Firm Capabilities
D. Firm Capabilities (G)
MSW Consultants is 50% women-owned. We are an SB (Micro) certified firm, CID#: 2001476.
DeGrave Communications is a 51% women-owned, minority-owned, business. We are a WOSB, DBE and SBE certified firm. CUCP 49193 Metro 8782
Mariposa Eco Consulting, Inc. is a Women Business Enterprise (WomenOwned), small and disadvantage certificated company.
D. Firm Capabilities (H)
Experts in municipal waste and outreach make our team one-of-a-kind WRCOG will benefit from the knowledge and expertise of our handpicked, fully integrated team of municipal waste and outreach professionals. Our proposed team of industry leaders combines MSW Consultants, veteran municipal solid waste management specialists, with DeGrave Communications’ award-winning team of seasoned communications professionals along with and Mariposa’s added “boots on the ground” grassroots efforts.
Together our seasoned team will provide WRCOG’s member
jurisdictions with a no-hassle, all-inclusive approach to a Regional Food Recovery & Local Assistance. Our team’s streamlined proven strategy combines our firms’ efforts and minimizes administrative costs for WRCOG to be able to complete the project with only one consultant to manage.
In addition, all three firms are based in Riverside County and have worked for many WRCOG jurisdictions.
MSW Consultants specializes in providing consulting service exclusively to local governments in the areas of waste contract procurement and negotiation, education and outreach, regulatory compliance, waste contract compliance audits, and customer rate-setting. To avoid any real or apparent conflicts of interest, we choose to not work for private waste companies. As a result, we bring a high level of independence and objectivity to our client engagements. MSW Consultants is currently providing solid waste consulting services to WRCOG members in the cities of Corona and Jurupa Valley and has provided services to the City of Norco.
DeGrave Communications has extensive knowledge of working with WRCOG member agencies, including the cities of Eastvale, Lake Elsinore, Murrieta, Menifee, along with Western Municipal Water District and Eastern Municipal Water District. We are well versed in SB 1383 and proven communication techniques to drive behavior change. We have developed personalized SB 1383 campaigns for the cities Agoura Hills, Newport Beach (award-winning), Folsom and Downey. These unique campaigns consider each agencies needs and goals to ensure long-term success. Our tailored approach to each agency is never cookie cutter and ensures each outreach program is successfully implemented at each agency.
Mariposa Eco Consulting’s expertise as an environmental management consulting firm will complement the MSW Consultants team as they serve as a connection point with businesses in the WRCOG area.
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Packet Pg. 179 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food E. Approach and Understanding
of the Scope of Work Plan
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E. Approach and Understanding of the Scope of Work Plan
PROJECT UNDERSTANDING
A key goal of SB 1383 is to collect edible food that would otherwise go to waste, and redistribute it to feed people in need.
To achieve this goal, SB 1383 requires local jurisdictions to promote relationships between certain businesses that generate excess edible food (Tier 1 and Tier 2 generators), and food recovery organizations (e.g., food banks, food runners, etc.). Jurisdictions are required to: 1) conduct education and outreach to businesses, 2) monitor and keep records regarding each business’ compliance, and, 3) enforce the regulations.
The approach of SB 1383 is to build upon existing food recovery networks.
Moreover, jurisdictions are required to identify any shortfalls in existing capacity, and submit plans to CalRecycle on how they intend to fill any capacity gaps. The regulations require each individual jurisdiction to implement their own edible food recovery program.
However, because existing food recovery networks often cross over individual city boundaries, a regional approach often results in greater efficiency. Instead of throwing good food in the trash, businesses are required to donate that food (and keep a record of their donations). As a result, there is a double benefit. Edible food that would have otherwise been landfilled (and contribute to climate change), is used to reduce food insecurity.
OBJECTIVES
The objectives of this project are to assist WRCOG member jurisdictions by:
• Educating Tier 1 and Tier 2 businesses about their food donation obligations
• Increasing Tier 1 and Tier 2 businesses access to food recovery organizations, and food recovery services
• Monitoring Tier 1 and Tier 2 businesses’ compliance with food recovery program requirements
• Identify any gaps in edible food recovery capacity, and help plan to fill those gaps, if needed.
APPROACH
Our approach to this project will be to apply our extensive experience in SB 1383 program implementation, to WRCOG’S specific requirements. We will be fully committed to the overall mission of WRCOG solid waste and recycling strategic goals.
In our proposed scope of work, we have highlighted several specialized approaches that enable us to efficiently accomplish the program objectives.
We believe that our experience, and our specialized approaches, uniquely qualify us to perform this work for WRCOG.
DETAILED SCOPE OF WORK AND BUDGET
To accomplish WRCOG’s objectives, we propose to perform the tasks detailed below.
Task 1 · Project Management
The purpose of this task is to keep the project on schedule and on task.
SUBTASK 1.1: KICKOFF MEETING/ANNUAL PROJECT
STATUS MEETING
We will conduct an initial project kickoff meeting with WRCOG staff and representatives of member jurisdictions. We will also conduct annual project status meetings at the beginning of each year of the project. All meetings will be conducted via video conference call. At these meetings, we will discuss the overall status of the project. This will include, but not be limited to, a review of: 1) project objectives, 2) the scope of work, 3) key issues, 4) work products, and, 5) project schedule.
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E. Approach and Understanding of the Scope of Work Plan Deliverables:
• Meeting notes
• Materials for kickoff meeting and annual project status meetings SUBTASK 1.2: PROJECT TEAM COORDINATION
In addition to our kickoff meeting and annual project status meetings, we will conduct biweekly meetings, make regular phone calls, send and respond to e-mails, and participate in other communications with WRCOG to keep the project on schedule and within budget.
Deliverables:
• Meeting notifications
• Meeting agendas and notes
TASK 1.3: PROJECT MANAGEMENT UPDATE MEETINGS
We will schedule up to eight (8) meetings with WRCOG staff and representatives of participating cities to provide information and obtain feedback on draft deliverables.
Deliverables:
• Meeting notifications
• Meeting agendas and notes
• Other relevant drafts and documents
Task 2 · Capacity and Compliance
The purpose of this task is to review and determine the capacity of food recovery organizations, and confirm which Tier 1 and Tier 2 generators have written agreements. To accomplish this task, we will build on the information we gathered in the organic waste capacity study that we performed for WRCOG in 2022.
We will review and determine the capacity of food recovery organizations in Subtask 2.1.
We will confirm which commercial edible food generators have written agreements in Subtask 2.2.
SUBTASK 2.1: FOOD RECOVERY AGENCIES AND
ORGANIZATIONS
To review and determine the capacity of food recovery organizations, we will:
• Compile the FROs from participating cities into a Regional Detailed Report
• Review and report the FRO available capacity of each
participating city
• Determine whether the FROs have a food recovery agreement, if they do not, we will provide them a sample agreement • Update the list of food recovery organizations and services to update participating jurisdictions’ websites to reflect their:
• Name and physical address
• Contact information
• Collection service area
• Types of recoverable food accepted
Deliverables:
• Regional Detailed Report containing a list of FRO formatted by each participating city
SUBTASK 2.2: TIER 1 AND TIER 2 EDIBLE FOOD WASTE
GENERATORS COMPLIANCE
To confirm which commercial edible food generators have written agreements, we will:
• Compile the existing lists of CEFGs from participating cities into the
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E. Approach and Understanding of the Scope of Work Plan Regional Detailed Report from task 2.1
• Review the list to determine if they qualify as Tier 1 or Tier 2 generators • Review the generators access to capacity via food recovery agreements • Update the list of Tier 1 and Tier 2 commercial edible food generators by jurisdiction to reflect:
• Customer name and address
• Primary contact information
• Compliance status, including whether they have written agreements with food recovery organizations and donations logs • Compile this information into the Regional Detailed Report, which will be in the form of one regional document with the information on each participating city formatted by sections.
Deliverables:
• Regional Detailed Report containing a list of CEFGs formatted by participating city
Task 3 · Public Outreach
The purpose of this task is to design and implement a targeted public outreach and education campaign that will increase awareness about food rescue among commercial edible food generators in Western Riverside County. The following approach and methodology has been created especially for WRCOG to successfully roll out edible food recovery to its member jurisdictions. Our goal will be to not only promote compliance with SB 1383, but to develop a strategy that will actually ‘move the needle’ toward the 20% Statewide food rescue goal in Western Riverside County.
TASK 3.1: DEVELOP COMMUNICATIONS AND
EDUCATION PLAN
DeGrave will develop multilingual outreach and education materials, and a detailed plan on comprehensive outreach and education efforts, for member jurisdiction’s Tier 1 and Tier 2 edible food generators.
Our multi-pronged, strategic communications approach for this task includes the following four phases:
PHASE 1 RESEARCH
Effective Communication, Outreach and Education Strategies are Created – Not Copied. Research is the foundation for effective impactful communication, outreach and education projects and programs. At the start of Task 3.1 our team will embark upon a research and discovery process for this project. Our team will use information gathered in the research phase to solidify objectives, strategies, tactics, timelines and measure results. Here are our team’s recommended steps for this task:
KICK-OFF MEETING
We will commence with a kick-off meeting, which can be held virtually or in-person, and will include key WRCOG, MSW and DeGrave team members.
WRCOG will provide an overview of key public outreach deliverables, identify key milestones, project timeline, identify roles and responsibilities of WRCOG and agree on Task 3 deliverables. This meeting will also give us the opportunity to consult with WRCOG on behaviors participating WRCOG cities could participate in to meet Tier 1 and Tier 2 edible food waste mandates as well as determine any barriers to motivation that may be specific to the participating cities. We will also go over commonly asked questions that WRCOG’s participating cities are receiving. This information will help us refine messaging and identify opportunities to further clarify SB 1383 details.
SURVEY
We recommend developing an online survey that is sent out to key stakeholders. This survey will be used to glean qualitative and quantitative
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E. Approach and Understanding of the Scope of Work Plan data on key stakeholders’ understanding of SB 1383, how they like to receive information, barriers to participation and motivations for recycling.
This data will help us further refine messaging and outreach and education methods. It will also serve as a baseline to measure success.
AUDIENCE IDENTIFICATION AND MAPPING
DeGrave Communications team members have worked with and for many WRCOG agencies. As part of our initial research efforts, we will identify key audiences. Identifying these audiences is important as it will help guide our plan rollout on how to reach these audiences. These key audiences will be gathered into a database for WRCOG.
COMMUNICATIONS AND MEDIA AUDIT
Our audit will focus on a review of what is currently being done throughout WRCOG cities and Tier 1 and 2 edible food waste generators to communicate SB 1383 requirements. We will make recommendations on how, to leverage education and outreach materials from CalRecyle in order to amplify the message.
PHASE 2: PLANNING
We will use the data and insights uncovered in Phase 1 to develop the overall Outreach and Education Plan. Prior to moving to Phase 3: Development of Outreach Materials, we will present our recommended Outreach and Education Plan to the WRCOG team to provide an opportunity for feedback and ensure a mutually agreed upon direction.
PHASE 3: IMPLEMENTATION
Based on the research and suggested strategies and tactics these efforts may include the following items noted below. All collateral items developed will follow WRCOG and/or participating cities’ brand and writing style standards. It will also provide clear and effective messaging on edible food recovery and comply with Article 4. In addition, the materials developed will be multi-lingual and based on resources provided by CalRecycle.
Five Regional Educational Workshops will be organized in-person and/or virtual (with recording).
Possible suggestions for multilingual outreach items for Tier One and Tier Two Edible Food Generators:
• Flyers
• Multilingual Stickers
• Presentation/slide templates
• Social media
• Website content
• Newsletter content
• Fact sheets
• Brochures
• PSAs
• Ads
• News Release templates
• Signage
• Workshops
PHASE 4: EVALUATION
During this entire engagement, our team will continually evaluate the progress and refine the approach. If needed. It is recommended that six months after the program is implemented that WRCOG sends out a followup survey to gauge the success of the outreach program.
Deliverables:
• Outreach and Education Plan
• Multilingual Outreach and Education Materials
3.A.9.b
Packet Pg. 184 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 17 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
E. Approach and Understanding of the Scope of Work Plan TASK 3.2: IMPLEMENT OUTREACH AND EDUCATION PLAN
Upon the approval of the Outreach and Education Plan, DeGrave Communications will implement the plan. This task will include the DeGrave team providing records of:
• All outreach and education efforts
• Copies of the utilized marketing materials
• The date and to whom the information was disseminated or if direct contact was made
• Recorded workshops (up to 5)
Deliverables:
• Weekly reports and updates on conducted outreach and education efforts, including emails, presentations, individuals/entities outreached, outcomes/relevant documents;
• Copies of the utilized marketing materials.
• Five-workshops (in-person or virtual)
Task 4 · Develop Inspection Schedule and Plan
The purpose of this task is to develop a written plan to conduct and document inspections and enforcement of commercial edible food generators. This plan will consist of:
1) written procedures to conduct outreach and inspections to individual Tier 1 and Tier 2 generators;
2) an electronic mechanism (e.g., Zendesk, etc.) and written procedures for member jurisdictions to receive and monitor complaints; and, 3) a timeline showing key start and completion dates of inspections of Tier 1 and Tier 2 generators by jurisdiction.
The written procedures will address inspections, complaints, and enforcement. They will be customized to work within each City’s existing circumstances. The written inspection procedures will meet the requirements of Section 18995.1 (Jurisdiction Inspection Requirements). The written complaint procedures will include instructions how to use the electronic mechanism (e.g., Zendesk, etc.), and meet the requirements outlined in Sections 18995.3 (Jurisdiction Investigation of Complaints of Alleged Violations). The written enforcement procedures will meet the requirements of Section 18995.4 (Enforcement by a Jurisdiction) and Section 18997.2 (Penalty Amounts).
Deliverables:
• A written implementation plan and schedule to implement and manage an inspection program in participating cities.
• Electronic mechanism to receive, monitor, and manage complaints Task 5 · Implement Inspection Schedule
and Plan
The purpose of this task is to implement the inspection program planned in Task 4. This task will include conducting inspections, managing complaints, and documenting enforcement activities.
Onboarding to Careit
We propose to use Careit to aid in the performance of inspections. Careit is a food donation and rescue program management tool. Careit makes it easy for businesses and institutions to donate surplus food. Careit also enables municipalities to monitor, manage and report on their edible food recovery activities. More information about Careit can be found here:
https://careitapp.com/
We will take the individual Tier generator and food recovery organization information compiled in Task 2, and upload it into Careit.
3.A.9.b
Packet Pg. 185 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 18 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
E. Approach and Understanding of the Scope of Work Plan Conducting Inspections
We proposed to use Careit to inspect all Tier 1 generators, and all food recovery organizations. We will start inspections on or about April 1, 2023, and complete these inspections by December 31, 2023. We propose to use Careit to inspect all Tier 2 generators beginning January 1, 2024, and complete these inspections by June 30, 2024. Thereafter, we propose to inspect every Tier 1 and Tier 2 generator, and inspect every food recovery organization, once every fiscal year. This will ensure that all participating member jurisdictions will be in compliance with Section 18995.1 (2) (Jurisdiction Inspection Requirements). Our inspection work will consist of:
• Contacting, and visiting the locations of all commercial edible food generators, and food recovery organizations.
• Interviewing owners and employees to answer any questions, and ensure they understand the State’s edible food donation requirements.
• Confirming the existence of written agreements.
• For edible food generators, reviewing written logs of food donations, and recording the types of food recovered into Careit.
• For food recovery organizations, reviewing food donation records, and recording the types and amounts of food recovered into Careit. • Documenting the inspections we perform in Careit.
Managing Complaints
We propose to manage the food recovery complaints received by WRCOG and each member jurisdiction. We propose to use an electronic mechanism (e.g., Zendesk, etc.) by which member cities can accept and resolve complaints received from the general public. We will provide a web link that each member jurisdiction can include on their website, which will lead to the online complaint management system. The complaint management system will enable users to enter:
• The name and contact information of the complainant (If the complaint is not anonymous)
• The identity of the alleged violator, if known.
• A description of the alleged violation including location(s) and all other relevant facts known to the complainant.
• Any relevant photographic or documentary evidence to support the allegations in the complaint.
• The identity of any witnesses, if known.
For each of the complaints received by member jurisdictions, we will:
• Start an investigation within 90 days (if we determine that the alleged facts as presented would constitute a violation of SB 1383) • Possibly decline to investigate the complaint if we determine (with concurrence from the member jurisdiction) the investigation is unwarranted
• Contact, visit, and interview the alleged violator, and obtain their response • Resolve the complaint; either by either by 1) confirming that the complaint is unwarranted, 2) helping to bring the violator into compliance, or, 3) conducting enforcement upon the violator. • Inform the complainant of the resolution of the complaint • Maintain records of all complaints and responses for the member jurisdiction’s Implementation Record. These records will include the complaint as received, and its resolution.
3.A.9.b
Packet Pg. 186 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 19 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
E. Approach and Understanding of the Scope of Work Plan Documenting Enforcement Actions
We propose to document the results of enforcement activities for each member jurisdiction into Careit. We will document the number of NOVs, penalty orders, and enforcement actions that were resolved, and categorize them by type pursuant to Section 1895.2 (12) (Implementation Record and Recordkeeping Requirements).
Deliverables:
• Documentation of the number of inspections conducted by type for commercial edible food generators and food recovery organizations, the number of complaints pursuant to Section 18995.3 of the adopted guidelines that were received and investigated, and the number of Notices of Violations issued (in partnership with participating cities) based on investigation of those complaints.
• In partnership with member jurisdictions, provide documentation of the number of Notices of Violation, penalty orders, and enforcement actions that were resolved, categorized by type of entity subject to the adopted guidelines. These documents will be provided monthly.
Task 6 · Draft Regional Food Recovery
Program Plan
The purpose of this task is to prepare a Regional Food Recovery Plan.
The Regional Food Recovery Plan will consist of two components:
1) an online real-time peer-to-peer database that will enable food recovery organizations to better connect with Tier 1 and Tier 2 generators (Careit); and,
2) a written plan that quantifies the amount of existing recoverable food by Tier 1 and Tier 2 generators, and by member jurisdiction. This written plan will enable WRCOG to compare how its efforts relate to the State’s 20% food rescue goal.
Online Peer-to-Peer Database (Careit)
The online peer-to-peer database of the Regional Food Recovery Plan will include the Tier 1 and Tier 2 generator information collected in Task 2. We propose to provide this information on a real-time basis in Careit, that will be continually accessible to WRCOG, member jurisdictions, and food recovery organizations.
We will provide training, workshops, and access to this online database to all food recovery organizations in and around Western Riverside County. We will work with WRCOG staff, and staff from member jurisdictions, and food service organizations in the use of this online tool. We will review the use of Careit with WRCOG and member jurisdiction staff prior to its approval and implementation.
The online peer-to-peer database will enable food recovery organizations to:
• Receive real-time notifications of edible food available for donations by Tier generators;
• Coordinate the pick-up of the donations;
• Track the status of each donation; and,
• Auto-generate written agreements with generators.
Written Plan
The written plan will calculate how much additional edible food will need to be recovered by generator and by jurisdictions and help WRCOG and its member jurisdictions understand how their efforts will support the 20% state-wide food recovery diversion goal.
We will use the CalRecycle statistics to calculate the potentially recoverable food for each generator (based on our work in Task 2). We will provide insight into targets set by these statistics and create a plan for each generator to increase their donation capacity.
3.A.9.b
Packet Pg. 187 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 20 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
E. Approach and Understanding of the Scope of Work Plan We will create a detailed report describing each Tier generators donation progress by jurisdiction. This report will enable member jurisdictions to monitor food recovery program participation and direct resources and outreach to increase program participation.
Deliverables:
• Report detailing the program, methodology, tactics to connect food rescue organizations with food waste generators, marketing / outreach, and implementation timeline.
Task 7 · Final Report
The purpose of this task is to provide WRCOG with a summary of the work performed, and an analysis on the status of the food recovery program in a Final Report. The summary will include the information gathered in Task 2, and the total number and detail of outreach activities and inspections performed, organized by member jurisdiction. The analysis will detail the participation of Tier 1 and 2 generators, the food recovery needs and operations of food recovery agencies, and the necessary steps, if any, that member jurisdictions should consider to ensure SB 1383 compliance.
Deliverables:
• Final report
3.A.9.b
Packet Pg. 188 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food Budget
3.A.9.b
Packet Pg. 189 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 22 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
Budget and Timeline
We have included our proposed annual non-to-exceed budget for the first contract year of this project in Schedule 1 on the following page. Our budget shows the hours by task and by staff member extended by their hourly rate. This is the proposed cost for Contract Year 1.
We will perform the same scope of work during Contract Year 2, Contract Year 3, and any subsequent Contract Years at hourly rates that are increased by no more than the annual change in the Consumer Price Index. Further, if the level of effort decreases after Contract Year 1, we will negotiate a revised scope of work in good faith with WRCOG and the member jurisdictions.
In Schedule 2, we have included a breakdown of our budget by member jurisdiction. Because of their fixed nature, the total proposed budget amounts for Task 1 (Project Management) and Task 3 (Public Outreach) do not change based on the number of participating jurisdictions.
We propose to bill for this project on a time and material, not-to-exceed basis. Therefore, we will only bill for the hours we work. If our project tasks require less time than anticipated, we will pass the savings on to WRCOG. If WRCOG requests that we perform any additional work outside the scope of work, we will do so at the same hourly rates. We will obtain WRCOG’s written approval prior to performing any additional work. We will invoice WRCOG monthly. Our invoices will describe the work performed by each staff member with the hours worked each day extended by the hourly billing rate.
We have included our proposed project timeline in Schedule 3.
3.A.9.b
Packet Pg. 190 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 23 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
Task Description
Principal
MSW
Consultants
Principal in
Charge/Sr.
Communicati
ons Manager
DeGrave
Project
Manager
MSW
Consultants
Project
Manager
Mariposa
EcoConsultin
g
Project
Analyst
MSW
Consultants
Account
Executive
DeGrave
Strategic
Visual
Designer
DeGrave
Project
Analyst
Mariposa
Outreach
Technicians
MSW
Consultants
Total
Hours
Total
Cost
1 Project Management
1.1 Kickoff Meeting (5) (5) (5) (5) (0) (0) (0) (0) (0) (20) $4,000
1.2 Project Team Coordination (22) (0) (32) (11) (54) (0) (0) (11) (86) (216) $38,546
1.3 Project Management Update Meetings (10) (2) (26) (2) (0) (0) (0) (0) (0) (40) $7,600 Subtotal - Task 1 (37) (7) (63) (18) (54) (0) (0) (11) (86) (276) $50,146 2 Capacity and Compliance
2.1 Food Recovery Agencies and Organizations (7) (0) (26) (0) (33) (0) (0) (0) (66) (131) $22,598
2.2 Tier 1 and Tier 2 Compliance (23) (0) (93) (0) (116) (0) (0) (0) (233) (465) $80,195 Subtotal - Task 2 (30) (0) (119) (0) (149) (0) (0) (0) (299) (596) $102,793 3 Public Outreach
3.1 Develop Outreach and Education Plan (0) (100) (0) (0) (0) (82) (45) (0) (0) (227) $36,100
3.2 Implement Outreach and Education Plan (0) (100) (0) (0) (0) (83) (45) (0) (0) (228) $36,250 Subtotal - Task 3 (0) (200) (0) (0) (0) (165) (90) (0) (0) (455) $72,350 4 Inspection Program Development (11.00) (0.00) (114.00) (46.00) (57.00) (0.00) (0.00) (0.00) (0.00) (228.00) (42,750.00) Subtotal - Task 4 (11) (0) (114) (46) (57) (0) (0) (0) (0) (228) $42,750 5 Inspection Program Implementation (95.49) (0.00) (795.75) (95.49) (795.75) (0.00) (0.00) (286.47) (1,114.05) (3,183.00) (552,568.80) Subtotal - Task 5 (95) (0) (796) (95) (796) (0) (0) (286) (1,114) (3,183) $552,569 6 Food Recovery Program (31.00) (0.00) (312.00) (125.00) (156.00) (0.00) (0.00) (0.00) (0.00) (624.00) (117,000.00) Subtotal - Task 6 (31) (0) (312) (125) (156) (0) (0) (0) (0) (624) $117,000 7 Final Report (15.00) (0.00) (152.00) (61.00) (76.00) (0.00) (0.00) (0.00) (0.00) (304.00) (57,000.00) Subtotal - Task 7 (15) (0) (152) (61) (76) (0) (0) (0) (0) (304) $57,000 Total Hours (219) (207) (1,556) (345) (1,288) (165) (90) (297) (1,499) (5,666) Hourly Rate $225) $175) $175) $225) $175) $150) $140) $165) $165) Subtotal Fees $49,284) $36,225) $272,291) $77,735) $225,313) $24,750) $12,600) $49,083) $247,327) $994,607) Expenses $5,000) $31,830) $36,830)
Total $49,284) $36,225) $272,291) $77,735) $225,313) $29,750) $12,600) $49,083) $279,157) $1,031,437) Schedule 1 – Hours by Task
3.A.9.b
Packet Pg. 191 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 24 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
WRCOG Estimated of Regional Food Recovery & Local Assistance Program Jurisdiction Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Total Fees Banning $787) $1,613) $1,214) $671) $13,020) $2,586) $894) $20,785) Beaumont (1,437) (2,945) (2,216) (1,225) (19,270) (4,462) (1,633) (33,189) Calimesa (283) (580) (437) (241) (2,604) (811) (322) (5,278) Canyon Lake (290) (595) (448) (247) (1,042) (737) (330) (3,689) Corona (4,152) (8,511) (6,404) (3,540) (56,246) (12,927) (4,720) (96,501) Eastvale (1,855) (3,803) (2,862) (1,582) (9,374) (4,868) (2,109) (26,453) Hemet (2,351) (4,818) (3,626) (2,004) (26,561) (7,014) (2,672) (49,046) Jurupa Valley (2,780) (5,698) (4,288) (2,370) (26,040) (7,985) (3,160) (52,319) Lake Elsinore (1,860) (3,813) (2,869) (1,586) (24,478) (5,750) (2,114) (42,470) Menifee (2,766) (5,669) (4,266) (2,358) (18,228) (7,503) (3,144) (43,932) Moreno Valley (5,500) (11,274) (8,484) (4,689) (64,579) (16,552) (6,252) (117,329) Murrieta (2,937) (6,020) (4,530) (2,504) (35,935) (8,922) (3,338) (64,186) Norco (678) (1,389) (1,045) (578) (16,145) (2,511) (770) (23,117) Perris (2,075) (4,254) (3,201) (1,769) (15,103) (5,712) (2,359) (34,472) Riverside (8,246) (16,904) (12,720) (7,030) (96,348) (24,790) (9,373) (175,411) San Jacinto (1,437) (2,946) (2,217) (1,225) (17,707) (4,373) (1,634) (31,539) Temecula (2,881) (5,906) (4,444) (2,456) (49,476) (9,572) (3,275) (78,010) Wildomar (967) (1,981) (1,491) (824) (7,291) (2,675) (1,099) (16,328) Unincorporated (W) (6,865) (14,073) (10,590) (5,853) (53,122) (19,078) (7,804) (117,384) Total County $50,146) $102,793) $77,350) $42,750) $552,569) $148,830) $57,000) $1,031,437) Schedule 2 – Fees by Jurisdiction
3.A.9.b
Packet Pg. 192 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 25 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
Project Schedule - WRCOG
Regional Food Recovery & Local Assistance Program
Task Description
Contract Year 1 Contract Year 2 Contract Year 3
FY 2023 FY 2024 FY 2025 FY 2026
A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M
1.1 Kickoff Meeting
1.2 Project Team Coordination
1.3 Project Management Update Meetings
2.1 Food Recovery Agencies and Organizations
2.2 Tier 1 and Tier 2 Compliance
3.1 Develop Outreach and Education Plan
3.2 Implement Outreach and Education Plan
4 Inspection Program Development
5 Inspection Program Implementation - FY 2024:
Inspect all Tier 1 Generators and FROs
Inspect all Tier 2 Generators
5 Inspection Program Implementation - FY 2025:
Inspect all Tier 1 Generators and FROs
Inspect all Tier 2 Generators
5 Inspection Program Implementation - FY 2026:
Inspect all Tier 1 Generators and FROs
Inspect all Tier 2 Generators
6 Food Recovery Program
7 Final Report
Schedule 3 – Project Timeline
3.A.9.b
Packet Pg. 193 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 26 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
E. Approach and Understanding of the Scope of Work Plan Quality Control Methods
Our team uses the following tools and best practices to ensure exceptional quality control as well as budget and schedule control throughout the project.
REGULAR CLIENT CHECK-IN
These regular meetings will allow the WRCOG and our team to share progress updates and next steps to ensure all team members are aligned and that the project continues to move forward and meet all deadlines. Meetings can be held in person or will be held via Zoom calls.
WEEKLY INTERNAL TEAM STRATEGY MEETINGS
These meetings allow the internal team to touch base on project deliverables and timelines.
PROPOSED WORK SCHEDULE
Our team uses Smartsheet for day-to-day project management, timelines, approvals and follow-ups. This system helps us stay on track and accomplish all the required tasks within your desired timeline. We will give your team access to the project management sheets upon project kick-off. Not a fan of Smartsheet? We’re happy to use what works best for you.
3.A.9.b
Packet Pg. 194 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food F. Appendix A:
References
3.A.9.b
Packet Pg. 195 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 28 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
F. Appendix A: References (MSW Consultants)
F. There are no special issues, problems, or risks that are likely to be encountered in this project and how the Proposer would propose to address them.
CITY OF STANTON
CESAR RANGEL
DIRECTOR OF PUBLIC WORKS
(714) 890-4203 · [email protected]
PROJECT: Solid Waste Management Consulting Services
We have been providing solid waste management consulting services to the City since 2021. Our services include providing municipal code revision for solid waste, updating the franchise agreement to conform with SB 1383, negotiate and calculate compensation for any new program from the waste hauler, implementing an edible food recovery program, assist with CalRecycle EAR reporting requirements, assist with applying for any new grant funding opportunities, and develop and implement an inspection and compliance program.
CITY OF RANCHO PALOS VERDES
RAMZI AWWAD
PUBLIC WORKS DIRECTOR – PUBLIC WORKS
(310) 544-5245 · [email protected]
PROJECT: Solid Waste and Recycling Consulting Services
In 2020, we conducted a performance review of EDCO Disposal Corporation. Our work included reviewing the hauler’s residential operations, customer service, and financial requirements of the franchise agreement. This was our fourth review of EDCO for the City of Rancho Palos Verdes.
We have also reviewed
the franchise fee
payments and AB 341/
AB 1826 compliance of
the City’s non-exclusive
commercial haulers
(Republic Services and
Waste Management).
As part of our review of
the commercial waste haulers, we categorized each hauler’s commercial customers, and we confirmed their compliance with AB 341 and AB 1826
CITY OF ORANGE
JOSH SOLIZ
SOLID WASTE PROGRAM MANAGER
(714) 744-5588 · [email protected]
PROJECT: Franchise Agreement Negotiation with CR&R Hauler In 2019, we assisted the City in renegotiating its solid waste franchise agreement with CR&R. We are currently assisting the City in managing its solid waste franchise agreement with CR&R Incorporated. Our work includes assisting the City with CalRecycle compliance, and preparing for compliance with SB 1383 including updating the City’s solid waste ordinance. MSW Consultants uses a proprietary web-based application Minerva® to assist the City in monitoring the AB 341 and AB 1826 compliance of its commercial and multi-family waste generators.
3.A.9.b
Packet Pg. 196 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 29 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
F. Appendix A: References (Mariposa Eco Consulting Inc.)
REPUBLIC SERVICES
SUSANNE PASSANTINO
SENIOR AREA MUNICIPAL MARKETING MANAGER
LOS ANGELES
[email protected]
Between 2011 and 2019 Mariposa Eco Consultants has performed over 60,000 on-site business, residential and multifamily audits on behalf of Republic Services, Los Angeles, for the cities of Bell, Cypress, Compton, Inglewood, Hawthorne, Lawndale, San Fernando, Rosemead and the County of Los Angeles Garbage Districts.
LOS ANGELES UNIFIED SCHOOL DISTRICT
STEVE CASARES
MANAGEMENT ANALYST II
[email protected]
Since January 2012, Mariposa Eco Consultants has managed all onsite recycling, training and education development for approximately 1,500 Los Angeles Unified School District Schools facilities.
3.A.9.b
Packet Pg. 197 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 30 F. Appendix A: References (DeGrave Communications, Inc.)
CITY OF FOLSOM
Christine Brainerd, MPA, APR · Communications Director
50 Natoma Way · Folsom, CA 95630
916.461.6013 · [email protected]
PROJECT: SB 1383 Communications and Outreach Services
This reference and work sample is a demonstration for our capabilities for Task 3.
3.A.9.b
Packet Pg. 198 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 31 F. Appendix A: References
CITY OF FOLSOM
Christine Brainerd, MPA, APR · Communications Director
50 Natoma Way · Folsom, CA 95630
916.461.6013 · [email protected]
PROJECT: SB 1383 Communications and Outreach Services
This reference and work sample is a demonstration for our capabilities for Task 3.
Postcards
3.A.9.b
Packet Pg. 199 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 32 F. Appendix A: References
LANDFILL: Black-top cart • Mixed Products (i.e. Plastic/ Metal Combination)
• Waxed Milk Cartons • Waxed Paper • Coated Materials • Ceramic/Pyrex • Mirrors • Safety Glass • Plate Glass • Pet Waste • Dairy Products • Paper Towels • Styrofoam • Non-Donatable Clothing • Palm Fronds • Plastic Bags RECYCLING: Blue-top cart
METAL • Empty Aerosol Cans • Aluminum Cans • Tin Cans • Food/Juice Cans • Empty Paint Cans • Aluminum Foil PAPER • Cardboard • Junk Mail • Magazines
• Phone Books • Cereal/Cracker Boxes • Newspaper • Computer Paper & White Paper
• Mixed Color Paper
PLASTIC • Drink Bottle • Detergent Containers • Water Bottles • Milk Containers City of Newport Beach
NEW ORGANICS RECYCLING
COMING 2022!
ORGANIC WASTE: Green-top cart • Grass • Leaves • Tree Branches • Plants & Weeds • Garden Trimmings • Sawdust • Food/Kitchen Scraps (meat, poultry, fish, fruit, vegetables)
CITY OF NEWPORT BEACH
John Pope · Communications Manager
100 Civic Center Drive · Newport Beach, CA 92660
949.644.3031 · [email protected]
PROJECT: SB 1383 Communications and Outreach Services
This reference and work sample is a demonstration for our capabilities for Task 3.
3.A.9.b
Packet Pg. 200 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 33 F. Appendix A: References
CITY OF AGOURA HILLS
Ramiro Adeva · Assistant City Manager
30001 Ladyface Court · Agoura Hills, CA 91301
818.597.7353 · [email protected]
PROJECT: SB 1383 Communications and Outreach Services
This reference and work sample is a demonstration for our capabilities for Task 3.
Green Waste Landscaping
Waste
Food Waste
REQUIREMENTS
Residential
Placef oodw astedirectly into theg reen
waste cart (no plastic bags allowed).
Commercial/Multifamily
Contact your trash provider to
establish service.
Contact City of Agoura H ills City
or the City’s solid waste consultant, Solid
Waste Solutions, at 805-495-7521 or visit
AgouraHillsCity.org.
State-mandated SB 1383 goes into e ffect
Jan. 1, 2022. Ther e are severalr esidential
and commercial programs available. O rganic
waste keeps billions of dollars in uneaten
greenhouse gas emissions that lead to
climate change.
ORGANICW ASTE IS
MANDATORY
ORGANICS RECYCLING
STARTS JAN. 1, 2022
Residential and Commercial
Programs Now Available
3.A.9.b
Packet Pg. 201 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 34 F. Appendix A: References
LESJWA
Mark Norton · Water Resources & Planning Manager
11615 Sterling Avenue · Riverside, CA 92503
951-354-4221 · [email protected]
PROJECT: Trust the Tap Campaign
This reference and work sample is a demonstration for our capabilities for Task 3.
Corner Store Water
• Infrequent monitoring or regulation
• Inspections inconsistent
• Water quality can be unreliable
• Costs an average of $2.50 per gallon
Learn why it’s
Safe to Drink
from the Tap.
The Truth About Tap Water vs. Bottled Water
Tap water providers in the United States are required to test and monitor tap water each and every day. Spending more on bottled water doesn’t guarantee better quality. Don’t be fooled by the cost of water at the corner water store or bottled water; tap water is a much better value.
In some countries it is not safe to drink water that comes from the sink, but your tap water can be enjoyed!
Tap water is more regulated and more
tested than bottled or corner store water!
• No boiling necessary – unless instructed by your water provider in times of emergency
• Best value – a gallon of water costs less than 3 cents • Most convenient – right from your sink
• Safety – tested in certified laboratories every single day For information about water from MVWD,
visit mvwd.org or call 909.267.2130.
Tap Water
• Tested daily
• Regulated by local, state and federal agencies
• Required to report findings
• Costs less than 3 cents per gallon
Bottled Water
• Sporadic facility testing
• Stored in plastic containers that may
leach toxic chemicals into water
• No testing required for possible
bacteria that may form in
water bottles
• Costs an average of $1.22 per gallon
Compare the Facts
Water District
• No boiling necessary – unless instructed
by your water provider in times of emergency
• Best value – a gallon of water costs less
than 3 cents
• Most convenient – right from your sink
• Safety – tested in a certified
laboratory every day
Learn why it’s
Safe to Drink
from the Tap.
Tap water is more regulated
and tested than bottled or
corner store water!
For information about water from OMUC, visit ontariowaterwise.org or call 909.395.2614.
Visite evmwd.com para más información.
¡El agua del grifo esta más
examinada y más controlada
que el agua embotellada o de la
tienda de la esquina!
Nước từ vòi được kiểm tra và thử
nghiệm thường xuyên hơn
nước đóng chai hoặc nước mua ở tiệm!
3.A.9.b
Packet Pg. 202 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food G. Appendix B:
Project Team Staffing
3.A.9.b
Packet Pg. 203 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 36 G. Appendix B: Project Team Staffing
Kayla Friederich
Outreach Technician
Girard Mobley
Project Analyst
Ashley Ringger
Strategic Visual Designer
Liselle DeGrave, APR
Director
Rachel McGuire, MBA, APR
Sr. Communications Manager
Cynthia Lozano Vant Hul
President
Kyle Vant Hul
Project Analyst
Jessica Winn
Account Executive
No employees working on the engagement have
ever been convicted of a felony.
David Davis
Project Director
Lucas Arias
Project Manager
Alyson Schill
CEO, Careit
3.A.9.b
Packet Pg. 204 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 37 Mr. David Davis is a Certified Management Accountant (CMA) with over 30 years of experience in the field of solid waste management. Mr. Davis’ expertise lies in working with municipal managers to maximize the value of the solid waste services provided to their ratepayers. He has held executive management positions in both the private and public sectors and has extensive experience in providing business advisory services to local government in the field of solid waste management.
As a chief financial executive for local hauling and landfill divisions of a national solid waste management company, Mr. Davis was responsible for financial reporting, budgeting, cost analysis, billing, and collections. He also managed the accounting and rate analysis sections of the City of Riverside’s Department of Public Utilities.
Mr. Davis has specific experience in: 1) analysis and design of customer rates for refuse collection, transfer, processing and disposal operations; 2) development and evaluation of competitive proposals for waste collection, recycling, and transfer service; 3) feasibility studies for waste processing, waste transfer, and landfill gas projects; 4) verification of the proper payment of solid waste fees; 5) management reviews of solid waste operations; 6) evaluation of alternative waste diversion programs; 7) solid waste program planning and funding; and, 8) evaluating internal management controls.
ROLE: Mr. Davis will serve as the Project Director for this project. He will be the main point of contact and have overall responsibility for the project. He will direct the planning of the project and attend all meetings.
30 Years Experience
Cal State Fullerton
• BA, Finance
Certified Management Accountant (CMA)
Education & Credentials
Affiliations
Project Director
David Davis, CMA
Solid Waste Association of North America
Southern California Waste Management
Forum (Chair)
Zero Waste Practitioner
3.A.9.b
Packet Pg. 205 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 38 Lucas is a highly effective project manager. He has substantial experience in the waste industry and has served multiple cities across Los Angeles, Orange, Riverside, and Ventura counties. He graduated from California State University, Northridge with a BA in Jazz Studies. Before entering the waste industry, Mr. Arias has performed as a trumpet player and drummer with multiple artists across the country.
Mr. Arias has been with MSW Consultants since January 2022. In that time, he has worked on solid waste consulting engagements for Western Riverside City of Governments (WROCG) and the cities of Corona, Del Mar, La Habra, Lomita, Orange, Rancho Palos Verdes, San Clemente, and Stanton.
Mr. Arias has conducted over 1,500 waste assessments, trained dozens of recycling coordinators, worked on sustainability grants for multiple cities and has conducted several waste characterizations.
In addition, he has developed outreach performance internal audit protocols, created diversion reports, and played a key role in SB 1383 roll out and strategic planning for the city of Los Angeles including edible food capacity planning and organics outreach. As an outreach coordinator, Mr. Arias designed creative solutions to unique and complex waste compliance issues.
ROLE: Mr. Arias will serve as Project Manager. He will oversee the day-to-day operation to ensure all milestone and deadlines are met and review all reports for each task on this project. He will serve as task lead for facilitating meetings, assessing capacity and compliance, and developing and implementing the inspection program. 5 Years Experience
California State University, Northridge
• BA, Jazz Studies
Education & Credentials
Affiliations
Project Manager
Lucas Arias
Solid Waste Association of North America
(Member)
Southern California Waste Management
Forum (Member)
3.A.9.b
Packet Pg. 206 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 39 Mr. Mobley is a skilled financial and project analyst. He has extensive experience in conducting audits on waste haulers for municipalities, and in providing recycling outreach and education to commercial waste generators. He graduated from San Diego State University with a BS in Business Administration with a focus on Finance and a minor in Economics. He is also a certified practitioner in the zero waste principles and practices.
Mr. Mobley has been with MSW Consultants since March 2019. In that time, he has worked on solid waste consulting engagements for the County of Santa Barbara, and the cities of Corona, Chula Vista, Del Mar, La Habra, La Palma, Lomita, Norco, Orange, Rolling Hills, San Clemente, South Pasadena, Stanton, Signal Hill, Vernon, Whittier, and Rancho Palos Verdes.
Mr. Mobley has audited the accounting records of over 20 waste haulers to include franchise fees verification, tonnage reports, and gross receipts. He prepared hauler franchise agreements to incorporate SB 1383 requirements.
He also oversees the recycling survey program in the city of Vernon providing outreach and educational resources to over 400 commercial waste generators. He regularly educates commercial waste generators about the requirements of AB 341 and AB 1826. Prior to joining MSW Consultants, he served for 20 in the United States Marine Corps.
ROLE: Mr. Mobley will serve as Project Analyst. He will serve as task lead for developing the food recovery program, drafting the final report and assisting as needed for all other tasks. 25 Years Experience
San Diego State University
• BS, Finance
Education & Credentials
Affiliations
Project Analyst
Girard Mobley
Zero Waste Practitioner
California Resource Recovery Association
(Member)
Solid Waste Association of North America
(Member)
Institute of Internal Auditors (Member)
3.A.9.b
Packet Pg. 207 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 40 Alyson brings an intimate knowledge of zero food waste to powerfully move initiatives forward. She continues to thrive at the heart of shaping and advocating for city, county, and statewide policies and support for food waste prevention. With a background in volunteer management, gleaning, sustainable event production, environmental service-learning leadership in educational institutions, and restaurant management, Alyson combines experiences from across the food waste chain to create meaningful and comprehensive waste reduction programs. Alyson is the CEO of the food donation app, Careit. She’s passionate about reconnecting all members of a community and healing through food.
ROLE: Alyson will assist with onboarding jurisdictions into the Careit app and training.
She will also provide technical support during inspections to tier generators.
CEO, Careit App; Outreach Technician
Alyson Schill
3.A.9.b
Packet Pg. 208 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 41 Ms. Kayla Friederich is a diligent project analyst new to the solid waste industry. She has high standards for reporting quality data and providing effective outreach. Before joining MSW Consultants, Ms. Friederich has customer service experience in food service and retail. She has also gained further communication experience through social media creation by interning with The Water Conservation Garden and by assisting her family’s small business.
Ms. Friederich has been with MSW consultants since September 2022. In that time, she has conducted outreach for SB 1383 compliance for the City of Stanton and the City of Rancho Palos Verdes. She has also assisted the Western Riverside Council of Government to analyze their edible food tier generator lists.
Ms. Friederich has always been passionate about the environment. Because of this, she earned a BS in Environmental Systems and a Minor in Communication from University of California, San Diego in 2021. She hopes to continue to grow in the solid waste industry and assist jurisdictions with environmental compliance.
ROLE: Ms. Friederich will serve as Outreach Technician. She will assist with capacity and compliance, implementing public outreach, and implementing the inspection program. 1 Year Experience
University of California, San Diego
• BS, Environmental Systems
• Minor in Communication
Education & Credentials
Affiliations
Outreach Technician
Kayla Friederich
Solid Waste Association of North America
(Member)
Southern California Waste Management
Forum (Member)
3.A.9.b
Packet Pg. 209 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 42 A veteran communicator, Liselle has nearly 20 years of experience and her expertise includes spearheading communications, marketing and outreach projects for public-sector, and non-profit clients throughout California. Her background blends both in-house communications and agency expertise to ensure impactful communications strategies for the clients she serves. She will serve as the principal-in-charge.
Relevant Experience
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
Communications, Outreach, Water Efficiency, Education and Engineering Projects
WESTERN MUNICIPAL WATER DISTRICT
Communications, Outreach and Education Projects
SCV WATER
Communications and Outreach Projects
CITY OF EASTVALE
Communications, Outreach and Branding Projects
JURUPA COMMUNITY SERVICES DISTRICT
Communications, Outreach and Branding Projects
LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY
Communications, Outreach, Events and Branding Projects
San Diego State University
• B.A., Communications Studies, Emphasis
in Public Relations; Minor in Spanish
Universal Accreditation Board
• Accreditation in Public Relations
Education & Credentials
Affiliations & Awards
Director
Liselle DeGrave, APR
Areas of Expertise
Communications Strategies
Public Outreach
Community Relations
Branding
Collateral Development
Media Relations
Multi-cultural Communications
and Outreach
Non-profits
Public Relations Society of America Member
• Past Director at Large
• Past Assembly Delegate, Board Member
• 2019 PRSA Spirit of PR Award
California Association of Public
Information Officials Member
PRSA National · Bronze Anvil
• PRessing On in Public Relations · PRessing On in
Public Relations Podcast
PRSA Inland Empire Chapter · Best in Show
• PRessing On in Public Relations · PRessing On in
Public Relations Podcast
PRSA Inland Empire Chapter Polaris Award ·
Campaign
• EVMWD/Rancho Water · Water-wise Living Campaign
CAPIO EPIC Award – Campaign
• EVMWD/Rancho Water · Water-wise Living Campaign
PRSA Inland Empire Chapter Polaris Award –
Multi-cultural Communications
• SAWPA · Trust the Tap
ROLE: Will be involved in Task 3 - overseeing the project management for all outreach efforts as well as strategy.
3.A.9.b
Packet Pg. 210 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 43 Rachel is a recognized leader in the field of public relations and communications and brings nearly 20 years of experience working in-house and in an agency setting to this project along with a proven track record of award-winning communications, marketing, outreach and branding strategies. For this engagement, Rachel will serve as the director leading DeGrave Communication’s fully integrated team of communications, marketing and outreach professionals.
Relevant Experience
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
Communications, Outreach, Water Efficiency, Education and Engineering Projects
RUBIDOUX COMMUNITY SERVICES DISTRICT
Research and Project Administration
SCV WATER
Communications, Outreach, Water Efficiency and Engineering Projects
CITY OF EASTVALE
Communications, Outreach and Media Services
CITY OF AGOURA HILLS
Communications, Outreach, Branding and Crisis Communications Services
CITY OF FOLSOM
Communications, Outreach and Graphic Design Services
University of Redlands · M.B.A
UCLA B.A. · Communications Studies
Universal Accreditation Board
• Accreditation in Public Relations
Pepperdine University School of Public Policy
• Advanced Public Engagement Certificate
Education & Credentials
Affiliations & Awards
Sr. Communications Manager
Rachel McGuire, MBA, APR
Areas of Expertise
Public Relations Society of America Member
• San Diego/Imperial Counties Director at Large
• Inland Empire Past President
California Association of Public
Information Officials Member
• Past President
• 2016 Communicator of the Year
• 2019 Lifetime Achievement Award Recipient
PRSA National · Bronze Anvil
• PRessing On in Public Relations · PRessing On in
Public Relations Podcast
PRSA Inland Empire Chapter · Best in Show
• PRessing On in Public Relations · PRessing On in
Public Relations Podcast
PRSA Inland Empire Chapter · Best in Show
• Western Municipal Water District · La Sierra
Pipeline Project
PRSA Los Angeles Chapter PRism Award ·
Campaign
• SCV Water · PFAS Outreach
CAPIO - Best in Show
• City of Agoura Hills · Brand Refresh Campaign
Communications Strategies
Public Outreach
Construction Relations
Crisis Communications
Marketing
Media Relations
Collateral Development
Non-profits
ROLE: Will be involved in Task 3 – serving as project manager for all outreach efforts as well as strategy and developing copy.
3.A.9.b
Packet Pg. 211 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 44 Jessica is a leader in the areas of organization administration and marketing. She has a proven track record of effectively supporting the DeGrave Communications team with community engagement, managing project organization and research. For this endeavor she will serve DeGrave Communication’s fully integrated team of communications, marketing and outreach professionals to support research efforts.
Relevant Experience
Public Outreach
Marketing
Community Relations
Project Administration
WESTERN MUNICIPAL WATER DISTRICT
Communications, Outreach and Community Outreach.
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
Communications, Outreach, Water Efficiency, Education and Engineering Projects
RUBIDOUX COMMUNITY SERVICES DISTRICT
Research and Project Administration
HABITAT FOR HUMANITY
Community Outreach, Writing and Marketing
Chapman University
• B.A., Organizational Leadership
Education & Credentials
Affiliations & Awards
Account Executive
Jessica Winn
Areas of Expertise
Chapman University Alumni Board
• Board Director
ROLE: Jess Will be involved in Task 3 – serving the team with any member agency requests, scheduling agency workshops and needed organizational support.
3.A.9.b
Packet Pg. 212 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 45 Relevant Experience
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
Communications, Outreach, Water Efficiency, Education and Engineering Projects
SCV WATER
Branding and Graphic Design Services
CITY OF NEWPORT BEACH
Communications, Outreach and Graphic Design Services
CITY OF FOLSOM
Communications, Outreach and Graphic Design Services
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
Social Media Program Management
SANTA ANA WATERSHED PROJECT AUTHORITY
Communications Outreach and Branding
Brigham Young University
• B.B.A. Marketing
California State University at San Marcos
• Graphic Design
Education & Credentials
Strategic Visual Designer
Ashley Ringger
Areas of Expertise
Ashley is an accomplished professional in the fields of communications and public affairs. She brings nearly 15 years of experience in community outreach and engagement as well as graphic and website design to RMG Communications. With a passion for public service and working in water, Ashley has designed communications campaigns and collateral for our clients, including program websites, social media content and graphics, fact sheets, water quality reports and Prop. 218 notifications. A gifted storyteller, graphic artist and web designer she will assist with crafting dynamic visuals together with meaningful content for this project.
Creative Direction
Community Relations
Digital and Print Media
Infographic Design
Social Media
Copywriting
Branding
Non-profits
Affiliations & Awards
PRSA – Inland Empire Chapter · Best in Show
• PRessing On in Public Relations · PRessing On in
Public Relations Podcast
PRSA – Inland Empire Chapter Polaris Award ·
Social Media
• San Bernardino Valley MWD · SBVMWD Social
Media Program
PRSA – Inland Empire Chapter Capella Award
· Campaign
• Jurupa Community Services District · Strategic
Communications and Marketing Plan
ROLE: Will be involved in Task 3 – designing all needed campaign design elements including, but not limited to e-blasts, social media posts and campaign materials.
3.A.9.b
Packet Pg. 213 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 46 Cynthia Lozano Vant Hul (President/Project Manager) is qualified by reasons of education, training background and over 25 years’ experience in the solid waste and recycling industry. Cynthia has 14 years’ experience providing subcontracting contract services. Cynthia holds a Master of Public Administration degree, from California State University San Bernardino. Since 2003, Cynthia has been a Director with the Southern California Waste Management Forum (SCWMF). In 2022, Cynthia was appointed as the President of the SCWMF. In 2019, she was appointed as a Director to the Women in Solid Waste & Recycling (WISR), new LA Chapter and since 2000 a member in good standings with the California Resource Recovery Association (CRRA).
ROLE: Cynthia will assist with the design of the inspection plan and edible food recovery program.
President/Project Manager
Cynthia Lozano Vant Hul
3.A.9.b
Packet Pg. 214 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 47 Kyle Vant Hul (Project Analyst) has 14 years’ experience in the solid waste and recycling industry. He is a certified resource, recovery, and recycling consultant. Since 2011, Kyle was the lead recycling trainer for the LAUSD Expanded Recycling program. Kyle have led numerous comprehensive City audits in the Los Angeles, Orange, and Imperial Counties and in the Los Angeles County Garbage Districts. In 2017/2018 Kyle led sixteen Zero Waste Representatives in the Northeast Valley (NEV) City of Los Angeles, recycLA program. Today, Kyle provides the “On the Ground” daily assistance with the Recycling Coordinator staff within the LA Market in completing site assessments, program implementation and training.
ROLE: Kyle will assist with the implementation of the inspection program.
Project Analyst
Kyle Vant Hul
3.A.9.b
Packet Pg. 215 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food H. Appendix C:
Company Overview
3.A.9.b
Packet Pg. 216 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 49 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
H. Appendix C: Company Overview
PRIME
MSW Consultants · S-Corp · DUNS 028466375
41760 Ivy St., Suite 203 · Murrieta, California 92562
951.694.400 · David Davis, CMA · [email protected] MSW Consultants provides solid waste consulting services exclusively to local governments in the areas of finance, economics, and public policy.
Our mission is to work with municipal managers to maximize the value of the solid waste services that are delivered to their ratepayers. MSW Consultants was founded in 2000 by David L. Davis, CMA. In his over 30 years in the solid waste industry, Mr. Davis has provided a broad range of solid waste consulting services to over 80 cities, counties and special districts in the areas of auditing, contract negotiation, rate setting, competitive service procurement, contract compliance, waste diversion, and regulatory compliance. MSW Consultants is located in the City of Murrieta and is a California corporation.
MSW Consultants performs the following services for local governments:
• AB 341 and AB 1826 compliance
• SB 1383 compliance planning
• Design and implementation of waste diversion programs • Performance audits of franchised waste haulers
• Contract negotiation and procurement assistance
• Rates studies for collection, processing, transfer and disposal service • Solid waste program planning and design
• Reviews of contractor’s requests for rate increases
• Route audits and routing efficiency studies
SUBCONSULTANT
DeGrave Communications · S-Corp · DUNS 079239610
40575 Cal Oaks Rd. D2-137 · Murrieta, CA 92592
951-764-0865 · Liselle DeGrave, APR · [email protected] DeGrave Communications Overview
Formed in 2004, DeGrave Communications is an award winning, fullservice public relations firm. For over 15 years, DeGrave Communications has worked with its clients to provide public relations strategic consulting service. DeGrave Communications emphasizes the need for starting all outreach with a research component and this holds true for every project implemented by the firm, despite budget.
Our top team members have specialized experience working with organizations throughout California. In addition, our firm is headed up by award-winning public relations professionals who hold the elite Accreditation in Public Relations to ensure our clients receive the highest level of service focused on multifaceted, precise and measurable communications strategies for our clients.
Our carefully curated team for this project has worked with clients in California, nationally and internationally producing exceptional results.
We know Public Relations and Public Agencies. We are a one-of-a-kind Public Relations Firm.
Each member of our hand-picked team for this project has the availability and expertise to meet the WRCOG’s member agency outreach needs. We are committed to flexibility and changes to your scope and schedule and will ensure that all projects are finished on time and on budget.
DeGrave Communications is a small business, S-Corporation located in
3.A.9.b
Packet Pg. 217 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food 50 Regional Food Recovery and Local Assistance Proposal · MSW Consultants · DeGrave Communications · Mariposa Eco Consulting, Inc.
H. Appendix C: Company Overview
Murrieta, CA. The firm is registered with the U.S. federal government as a minority-owned, women-owned, emerging small business, the California Department of General Services as a certified small business and with the California Public Utilities Commission as a Woman/Minority Business Enterprise (WMBE). DeGrave Communications is also a registered DBE organization.
SUBCONSULTANT
Mariposa Eco Consulting, Inc. · C-Corp · DUNS 010891685 1618 Fairway Oaks Ave. · Banning, California 92220
909-560-0542 · 909-912-8407 [fax]
Cynthia Lozano Vant Hul · [email protected] Mariposa Eco Consulting integrates all aspects of an environmental management firm including air, water, solid waste, sustainable program management, energy, greenhouse gas reduction and measurement, hazardous waste and universal waste management, and resource conservation. We assist our clients with seeing the benefits of a sustainable earth; complying with and improving upon environmental laws, while generating profits and growth.
Mariposa Eco Consulting works with all aspects of businesses, local government and communities to design, develop, and implement sustainable programs that work. We take the time to understand the specific circumstances of our clients, including demographics, economics, and environmental factors, allowing our clients to realize profits and compliance.
Our work has included:
• Corporate Sustainability Reports
• All Levels of Waste Audits (Commercial, Residential, Multi-family and Industrial)
• Outreach and Education
• Representation with local and state agencies
• Waste minimization
• Waste prevention programs and market development
• Compliance and Electronic Annual Reporting
• Greenhouse Gas emission measurement and verification
3.A.9.b
Packet Pg. 218 Attachment: RFP Response - MSW Consultants (Agreement with WRCOG for SB1383 Edible Food May 2, 2023
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: MOU Between City of San Jacinto and San Jacinto Unified School District
RECOMMENDATION:
Staff recommends that the City Council approve the MOU regarding the San Jacinto High School Pedestrian and Circulation Study.
DISCUSSION:
During the ongoing coordination meetings between San Jacinto Unified School District officials and the City, District officials expressed concern about traffic and pedestrian safety during dropoff and pickup times on Idyllwild Drive adjacent to the San Jacinto High School.
The City solicited a proposal from RK Engineering Group, Inc. entitled “San Jacinto High School Pedestrian and Circulation Study” to investigate the current conditions on Idyllwild Avenue and recommend safety improvements. Potential countermeasures may be installing crosswalks, flashing beacons, radar feedback signs, and median delineators.
The MOU establishes the 50-50 cost share between the City and District for RK Engineering Group’s study. If safety improvements are recommended that warrant City participation, Engineering will return the matter to Council for further consideration.
FISCAL IMPACT:
The cost of the study is $18,000. The city will contribute 50% of the cost of the study. The Traffic Safety Fund 024 has adequate funds to cover the City’s contribution. Installation of safety improvements would be returned to Council for further consideration.
ATTACHMENTS:
Vicinity Map
Memorandum of Understanding between The City of San Jacinto and The San Jacinto Unified School District - 2023
3.A.10
Packet Pg. 219
RAMONA BLVD. TIGER LN.
PENNY LN.
N STATE ST.
ATTENBOROUGH WAY IDYLLWILD DR.
VICINITY MAP
CITY OF SAN JACINTO
TRI LAKE
LEGEND:
CITY/SAUSD MEMORANDUM OF UNDERSTANDING
3.A.10.a
Packet Pg. 220 Attachment: Vicinity Map (MOU Between City of San Jacinto and San Jacinto Unified School District)
3.A.10.b
Packet Pg. 221 Attachment: Memorandum of Understanding between The City of San Jacinto and The San Jacinto Unified School District - 2023 (MOU
3.A.10.b
Packet Pg. 222 Attachment: Memorandum of Understanding between The City of San Jacinto and The San Jacinto Unified School District - 2023 (MOU
3.A.10.b
Packet Pg. 223 Attachment: Memorandum of Understanding between The City of San Jacinto and The San Jacinto Unified School District - 2023 (MOU
3.A.10.b
Packet Pg. 224 Attachment: Memorandum of Understanding between The City of San Jacinto and The San Jacinto Unified School District - 2023 (MOU
3.A.10.b
Packet Pg. 225 Attachment: Memorandum of Understanding between The City of San Jacinto and The San Jacinto Unified School District - 2023 (MOU May 2, 2023
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Extending the Existing Franchise Granted to Southern California Edison (“SCE”)
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Urgency Ordinance No. 23-04, an urgency ordinance extending for one year the franchise granted to SCE.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, EXTENDING ORDINANCE 1096-02-30 AND
DETERMINING THE URGENCY ORDINANCE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
2. Introduce Ordinance No. 23-05, extending for one year the franchise granted to SCE, for a first reading.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, EXTENDING ORDINANCE 1096-02-03 AND DETERMINING
THE ORDINANCE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
DISCUSSION:
On April 18, 2002, the City Council of the City of San Jacinto (“City”) approved Ordinance 1096-20-03 granting to SCE, its successors and assigns, the franchise to use and to construct and use for transmitting and distributing electricity for any and all purposes, poles, wires, conduits, and appurtenances, including communication conduits and circuits, necessary or proper, therefore, in, along, across, upon, over and under the streets within the City, under and in accordance with the provisions of the Franchise Act of 1937.
On April 19 and May 3, 2022, the City Council approved Ordinance No. 22-05, extending for one year the franchise granted to SCE. Ordinance 1096-02-03 provides that the franchise shall remain in force and effect for the term of twenty (20) years from the effective date unless sooner terminated. Ordinance 22-05 extending the franchise another year to expire on May 18, 2023.
4.1 Packet Pg. 226
The City needs additional time to consider and potentially negotiate a new franchise or new terms of the franchise. In order to ensure that there is no interruption to the essential electricity service provided by SCE, City staff recommends that the City Council extend the existing franchise for one year, to expire on May 18, 2024.
The extension is proposed for adoption by both urgency ordinance and, in parallel, by nonurgency ordinance. Staff recommends this approach so that the City has an ordinance in place before May 18, 2023. The urgency ordinance must be approved by a four-fifths vote of the Council and goes into effect immediately after adoption.
FISCAL IMPACT:
As this extension continues the current service provided by SCE, there is no fiscal impact on the City.
ATTACHMENTS:
Urgency Ordinance No. 23-04 - Emergency - SCE Franchise Agreement Extension Ordinance No. 23-05 - SCE Franchise Agreement Extension Ordinance No. 22-05 - 2022 SCE Franchise Agreement Extension Ordinance 1096-02-03 - clean SCE Franchise Agreement - 04-18-2002
4.1 Packet Pg. 227
Urgency Ordinance No. 23-04