Joint City Council/Fire Protection District Board
Rescheduled Regular Meeting
4381 Broadway, Suite 201, American Canyon CA
August 6, 2019
Agenda
Mayor:
Vice Mayor:
Council members:
Leon Garcia
Mariam Aboudamous
Kenneth Leary, Mark Joseph, David Oro
AMERICAN CANYON FIRE PROTECTION DISTRICT CLOSED SESSION There are no ACFPD Closed Session items.
CITY OF AMERICAN CANYON CLOSED SESSION
There are no City Council Closed Session Items.
5:30 P.M. OPEN SESSION - RESCHEDULED REGULAR MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CITY CLERKS ANNOUNCEMENT PURSUANT TO GOVT CODE 54952.3
When the City Council sits jointly, or serially as more than one board it is required that the amount of compensation received for each board be disclosed at the meeting. Tonight the City Council is sitting jointly as the Council and the American Canyon Fire Protection District Board. Also, if there is a matter of consideration dealing with water outside the City limits but within the Water District Service Area, the Council will function as the former American Canyon County Water District. For sitting as the Council, a stipend of $315 monthly is received; for the Fire District Board and as the Water Board, $126 per meeting.
PROCLAMATIONS AND PRESENTATIONS
There are no Presentations.
JOINT CITY COUNCIL/FIRE PROTECTION DISTRICT BOARD RESCHEDULED REGULAR MEETING AGENDA AUGUST 6, 2019
PUBLIC COMMENT
This time is reserved for members of the audience to address the City Council/Fire Protection District Board on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council/ Fire Protection District Board. It is recommended that speakers limit their comments to 3 minutes each and it is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council/ Fire Protection District Board on items on the Agenda should complete a speaker card and deliver to the City Clerk prior to the start of the meeting, or notify the Mayor/Chairman when that Agenda item is called. The Council/ Fire Protection District Board is prohibited by law from taking any action on matters discussed that are not on the Agenda, and no adverse conclusions should be drawn if the Council/ Fire Protection District Board does not respond to public comment at this time. Speakers are asked to please use the microphone, and provide their name. Prior to addressing the Council/ Fire Protection District Board, any handouts are to be provided to City Clerk who will distribute to Council/ Fire Protection District Board and appropriate staff.
AGENDA CHANGES
The Mayor/ Council may change the order of the Agenda or request discussion of a Consent Item. A member of the Public may request discussion of a Consent Item by completing a Speaker’s Card and presenting it to the City Clerk prior to Public Comment.
MATTERS RELATING TO THE AMERICAN CANYON FIRE PROTECTION DISTRICT BOARD There are no matters relating to the ACFPD Board.
PUBLIC HEARINGS
There are no Public Hearing Items.
MATTERS RELATING TO THE AMERICAN CANYON CITY COUNCIL
BUSINESS
There are no Business Items.
JOINT CITY COUNCIL/FIRE PROTECTION DISTRICT BOARD RESCHEDULED REGULAR MEETING AGENDA AUGUST 6, 2019
CONSENT CALENDAR
D.1 Adopt a Resolution:
1. Decreasing the Project Budget for the Donaldson Way Sidewalk Gap Closure Project (TR16-2600) by $218,751,
2. Increasing the Project Budget of the 2019 Annual Paving Project by $218,751, and
3. Approving Contract Change Order #1 for the 2019 Annual Paving Project (TR19-0100) in the amount of $357,405.
Page
5 - 7
D.2 Waive second reading, read by title only, and adopt an Ordinance of the City Council of the City of American Canyon amending Title 2 of the Municipal Code and adding Section 2.41 – Electronic Signature and Submission of Campaign Disclosure Documents.
Page
8 - 15
MANAGEMENT AND STAFF ORAL REPORTS
MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA
REPORTS
The Mayor and Council may comment on matters of public concern and announce matters of public interest; no collective council action will be taken.
1. COUNCIL REPORTS AND COMMENTS
2. FUTURE AGENDA ITEMS
Council members may suggest potential future agenda items at this time. A straw vote will be taken of Council members present, requiring a majority vote to move the item forward for further consideration.
JOINT CITY COUNCIL/FIRE PROTECTION DISTRICT BOARD RESCHEDULED REGULAR MEETING AGENDA AUGUST 6, 2019
ADJOURNMENT
CERTIFICATION
I, Cherri Walton, Deputy City Clerk for the City of American Canyon, do hereby declare that the foregoing Agenda of the City Council/Fire District Board was posted in compliance with the Brown Act prior to the meeting date. ______________________________________
Cherri Walton, Deputy City Clerk
Items denoted with ACDPD are American Canyon Fire Protection District Board items and will be acted upon by the Fire Protection District Board. Agendas for all City Council/Fire Protection District Board meetings are posted at least 72 hours prior to the meeting at City Hall, 4381 Broadway. The City of American Canyon complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. Requests for accommodations may be made by calling (707) 647-4369 (voice) or 711 for the California Relay Service or e-mailing Suellen Johnston, City Clerk at [email protected] no less than 72 hours in advance of the event.
Copies of documents distributed at the meeting are available in alternative formats upon request. Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Counter at City Hall located at 4381 Broadway, American Canyon, CA during normal business hours. In addition, most documents will be posted on the City’s website at www.cityofamericancanyon.org.
CITY COUNCIL AGENDA
STAFF REPORT
August 6, 2019
CONSENT
SUBJECT
Adopt a Resolution 1) decreasing the Project Budget for the Donaldson Way Sidewalk Gap Closure Project (TR16-2600) by $218,751, 2) increasing the Project Budget of the 2019 Annual Paving Project by $218,751, and 3) approving Contract Change Order #1 for the 2019 Annual Paving Project (TR19-0100) in the amount of $357,405.
SUBMITTED BY
Steven L. Hartwig, P.E., T.E., Public Works Director
Cheryl Braulik, P.E., Senior Civil Engineer
BACKGROUND AND ISSUE
On June 26, 2018, the City Council awarded a construction contract to F. Loduca Co. in the amount of $529,523 to construct sidewalk improvements along Donaldson Way from SR29 to Carolyn Drive in conjunction with the Donaldson Way Sidewalk Gap Closure Project (TR16-2600). Due to a number of issues, the City and F. Loduca have agreed to terminate the contract. However, there remains construction work to complete the original scope of the Sidewalk Project. Staff estimates that $218,751 is available within the Project Budget to be utilized to complete the remaining construction work.
On June 4, the Council approved a Project Budget of $1,692,591 for 2019 Annual Paving Project (TR19- 0100. On June 18, 2019, the Council awarded a construction contract to Ghilotti Construction Co. in the amount of $886,388 in conjunction with the Paving Project. The Council’s action also included approval of a contingency of $177,277. Since remaining construction work on the Sidewalk Project includes many of the same items in the Paving Project, staff is recommending repurposing the funding from the Sidewalk Project to the Paving Project and directing Ghilotti Construction Co. to complete the outstanding work instead. That direction of new work will be memorialized through Contract Change Order #1 in the amount of $357,405.
FISCAL IMPACT
The Recommended Action will have no effect on the Capital Project Fund (Fund #350) because the increase in the Project Budget (+$218,751) for the Paving Project is being offset by the decrease in the Project Budget (-$218,751) for the Sidewalk Project. The remaining difference between the amount of CCO#1 ($357,405) and the increase in Project Budget for the Paving Project ($218,751) is $138,654 and this amount is less than the previously approved contingency ($177,277).
ENVIRONMENTAL DETERMINATION
All of the work included in the staff recommendation is Categorically Exempt from CEQA per Section 15301, Existing Facilities.
STAFF RECOMMENDATION
Staff recommends the Council adopt a Resolution 1) decreasing the Project Budget for the Donaldson Way Sidewalk Gap Closure Project (TR16-2600) by $218,751, 2) increasing the Project Budget of the 2019 Agenda
Review
Finance City Attorney City Manager
08/01/19 8/1/2019 08/01/19
Annual Paving Project by $218,751, and 3) approving Contract Change Order #1 for the 2019 Annual Paving Project (TR19-0100) in the amount of $357,405.
Attachment
Resolution
Copies
RESOLUTION NO. 2019-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON 1) DECREASING THE PROJECT BUDGET FOR THE DONALDSON WAY SIDEWALK GAP CLOSURE PROJECT (TR16-2600) BY $218,751, 2) INCREASING THE PROJECT BUDGET OF THE 2019 ANNUAL PAVING PROJECT BY $218,751, AND 3) APPROVING CONTRACT CHANGE ORDER #1 FOR THE 2019 ANNUAL PAVING PROJECT (TR19-0100) IN THE AMOUNT OF $357,405.
WHEREAS, the City and F. Loduca Co. have mutually agreed to terminate the contract for the Donaldson Way Sidewalk Gap Closure Project (TR16-2600); and
WHEREAS, there is remaining work to complete the Donaldson Way Sidewalk Gap Closure Project (TR16- 2600); and
WHEREAS, funding in an amount estimated at $218,751 remains available to complete the Donaldson Way Sidewalk Gap Closure Project (TR16-2600); and
WHEREAS, on June 18, 2019, the City Council awarded a construction contract to Ghilotti Construction Co., in the amount of $886,388.20 for the 2019 Annual Paving Project; and WHEREAS, the remaining construction on the Donaldson Way Sidewalk Gap Closure Project (TR16-2600) includes many of the same items as the 2019 Annual Paving Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby decreases the Project Budget for the Donaldson Way Sidewalk Gap Closure Project (TR16-2600) by $218,751.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby increases the Project Budget of the 2019 Annual Paving Project by $218,751.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby approves Contract Change Order #1 for the 2019 Annual Paving Project (TR19-0100) in the amount of $357,405.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 6
th day of August, 2019, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
Leon Garcia, Mayor
ATTEST:
_______________________________ _________________________________ Cherri Walton, Deputy City Clerk William D. Ross, City Attorney
CITY COUNCIL AGENDA
STAFF REPORT
August 6, 2019
CONSENT
SUBJECT
Waive second reading, read by title only, and adopt an Ordinance of the City Council of the City of American Canyon amending Title 2 of the Municipal Code and adding Section 2.41 – Electronic Signature and Submission of Campaign Disclosure Documents.
SUBMITTED BY
Suellen Johnston, City Clerk
BACKGROUND AND ISSUES
Historically, City Council candidates and campaign committees have filed paper copies of required campaign statements and reports. Once filed, the documents are made available for review by the public.
The City Clerk’s Office spends a significant amount of staff time to make such paper filings readily available to the public. Fortunately, Assembly Bill 2452 authorizes local jurisdictions to receive campaign statements and reports solely in an electronic format.
Public access to campaign disclosure information is a vital and integral component of a fully informed electorate. Transparency in campaign financing is critical in order to maintain public trust and support of the political process. Nevertheless, these values require staff resources to implement. As a means to more cost-effectively maintain the public trust, the City recently contracted with SouthTech Systems, Inc. for installation of two electronic programs for on-line submittal and posting of Fair Political Practices Commission (FPPC) forms related to Conflict of Interest (Disclosure Docs) and Campaign Disclosure documents (Campaign Docs). Both programs have been installed and are operational, however, there is one remaining authorization necessary by Council in order to make Disclosure Docs fully electronic.
Pursuant to California Government Code Section 84615, the City Council must officially adopt an Ordinance memorializing their approval to require and authorize complete electronic signature and submission of electronic campaign disclosure forms. The electronic filing system will operate securely and effectively and will not unduly burden filers. At the July 30, 2019 City Council meeting, the Council took the first step by approving the first reading of the ordinance. This action is to approve the second reading and final adoption of the ordinance. The ordinance will take effect thirty days following final approval.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
By eliminating manual processing of filings, electronic filing requirements will conserve resources and ensure the public has access to information disclosed in campaign statements and reports in a timelier manner, and as such, is consistent with the Council’s Strategic Goal of providing Quality Services and Organizational Effectiveness.
Agenda
Review
Finance City Attorney City Manager
N/A 7/01/19 8/1/2019
FISCAL IMPACTS
The Recommended Action will have no impact on the City’s General Fund.
STAFF RECOMMENDATION
Waive second reading, read by title only, and adopt an Ordinance of the City Council of the City of American Canyon amending Title 2 of the Municipal Code and adding Section 2.41 – Electronic Signature and Submission of Campaign Disclosure Documents.
ATTACHMENTS
Attachment 1 - Proposed Ordinance
ATTACHMENT 1
ORDINANCE NO. 2019-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON AMENDING TITLE 2 OF THE MUNICIPAL CODE AND ADDING SECTION 2.41 – ELECTRONIC SIGNATURE AND
SUBMISSION OF CAMPAIGN DISCLOSURE DOCUMENTS
THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON (“CITY”) HEREBY ORDAINS AS FOLLOWS:
SECTION 1: FINDINGS.
a. The City Council finds that public access to campaign disclosure information is a vital and integral component of a fully informed electorate. Transparency in campaign financing is critical in order to maintain public trust and support of the political process. b. Since the enactment of the Political Reform Act, candidates and committees have complied with filing requirements by filing paper copies of campaign statements and reports. The City Clerk’s Office has expended a significant amount of staff time to make such paper filings readily available to the public.
c. In July 2012, the California Legislature approved Assembly Bill 2452 which authorizes local jurisdictions to require the filing of campaign statements and reports solely in an electronic format. The Governor approved the legislation on July 13, 2012 and it took effect on January 1, 2013.
d. The City Council finds that by eliminating manual processing of filings, electronic filing requirements will conserve resources and ensure the public has access to information disclosed in campaign statements and reports in a timelier manner. The electronic filing system will operate securely and effectively and will not unduly burden filers.
SECTION 2: PURPOSE. The purpose of this Ordinance is to require online electronic filing of campaign statements and require online reporting of contributions and independent expenditures relating to elections of candidates to City offices and the qualification or passage of local ballot measures within the City as currently required under the Political Reform Act, (commencing with California Government Code Section 84200 et seq.) in order to facilitate review and maximize the availability of this information to the public.
SECTION 3: AUTHORITY. This Ordinance is adopted pursuant to California Government Code Section 81013, which authorizes local agencies to impose additional requirements on any person so long as the requirements do not prevent the person from complying with the Political Reform Act.
SECTION 4: RELATIONSHIP TO THE POLITICAL REFORM ACT OF 1974. This Ordinance is intended to supplement the Political Reform Act as amended. Unless a word or term is specifically defined in this Ordinance or the contrary is stated or clearly appears from the context, words and terms shall have the same meaning as when they are used in Title 9 of the California Government Code, in which the Political Reform Act is codified, and as supplemented by the Regulations of the Fair Political Practices Commission as set forth in Title 2, Division 6 of the California Code of Regulations (“Regulations”), as well as any amendments to the Act or to the Regulations. If any provision of this Ordinance is held invalid, the terms
ATTACHMENT 1
of the Act and its Regulations control and supersede the terms of this Ordinance to the extent necessary to bring this Ordinance into full compliance therewith.
SECTION 5: DEFINITIONS. The following definitions used in this ordinance shall have the meanings set forth below.
a. Candidate shall be defined as set forth in the Political Reform Act provided that the term shall be limited to Candidates for City office.
b. Committee means any Person or combination of Persons who, directly or indirectly, does any of the following: (1) Receives Contributions totaling $2,000 or more in any calendar year; or (2) Makes Independent Expenditures totaling $2,000 or more in any calendar year. A Person or combination of Persons that becomes a Committee shall retain its status as a Committee until such time as that status is terminated pursuant to California Government Code Section 84214. A Committee includes but is not limited to “Controlled Committee”, “Independent Committee”, and “General Purpose Committee”.
c. Contribution shall mean the same as that defined at Government Code Section 82015. d. Controlled Committee means a Committee which is controlled directly or indirectly by a Candidate or which acts jointly with a Candidate or Controlled Committee in connection with the making of expenditures. A Candidate controls a Committee if he or she, his or her agent, or any other Committee such Candidate controls has a significant influence on the actions or decisions of the Committee.
e. General Purpose Committee shall mean a committee to support or oppose candidates or measures voted on in the City.
f. Election and/or City Election means any primary, general, special or recall election held in the City. g. Election Cycle means the period of time commencing ninety (90) days prior to an election and ending on the date of the election.
h. Independent Committee means all Committees other than Controlled Committees. i. Independent Expenditure means an Expenditure made by any Person including a payment of public moneys by a state or local governmental agency, in connection with a communication which expressly advocates the election or defeat of a clearly identified Candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an Election but which is not made to or at the behest of the affected Candidate or Committee.
j. Person means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. A Person shall include, but is not limited to, a Committee or Candidate.
ATTACHMENT 1
k. Political Reform Act means the California Political Reform Act of 1974 (Government Code Sections 81000 et seq., as amended).
SECTION 6: APPLICATION OF ORDINANCE. The provisions of this Ordinance shall only apply to Candidates seeking election to a City office, their Controlled Committees or Committees formed or existing primarily to support or oppose their candidacies, and to Committees formed or existing primarily to support or oppose a Candidate or to support or oppose the qualification, passage or defeat of, a local ballot measure which is being voted on only in the City, and to Local General Purpose Committees active only in the City.
In the event a City Candidate also runs for a non-City office, the provisions of this Ordinance do not apply to the Local Candidate’s campaign for such other office, nor to any Committee established solely for the purpose of running for such state, federal, city, special district, or other non-City office.
SECTION 7: ELECTRONIC CAMPAIGN DISCLOSURE.
a. Each Candidate, Candidate Controlled Committee and Independent Committee that is required to file a semi-annual campaign statement, a pre-election campaign statement, or an amended campaign statement with the City Clerk pursuant to the Political Reform Act, and that receives a total of $2,000 or more in Contributions or makes a total of $2,000 or more in Independent Expenditures, shall file the statement with the City Clerk in an electronic format. b. In addition to any other report required by this Ordinance, all Persons subject to the requirements of Section 7.a. shall file the following reports with the City Clerk in an electronic format:
(1) A report disclosing a Contribution received by or made to a Candidate or local ballot measure, or an Independent Expenditure made for or against a Candidate or local ballot measure, of $2,000 or more during an Election Cycle. The report shall be filed within twenty-four (24) hours of the Independent Expenditure or receipt of the Contribution. (2) A report disclosing a Contribution received by or made to a Candidate or a local ballot measure, or an Independent Expenditure made for or against a Candidate or local ballot measure, of $2,000 or more at any time other than during an Election Cycle. The report shall be filed within ten (10) business days of the Independent Expenditure or receipt of the Contribution.
c. A Candidate or Committee that has filed an electronic statement or report is not required to file a paper copy.
d. Once a Candidate or Committee is subject to the electronic filing requirements imposed by this Ordinance, the Candidate or Committee will remain subject to the electronic filing requirements until the Candidate or Committee files a termination statement pursuant to the Political Reform Act.
e. Any Candidate or Committee not required to file an electronic statement or report by this Section may voluntarily opt to file an electronic statement or report by submitting written notice to the City Clerk’s Office. A Candidate or Committee that opts to file an electronic statement or report is not required to file a paper copy.
ATTACHMENT 1
SECTION 8: ADMINISTRATIVE PENALTIES. If any Person violates any provision of this Ordinance, he or she shall be liable to the City Clerk’s Office in the amount of ten ($10) dollars per day of violation, in addition to any other legal remedies provided by law. This amount shall be deemed a penalty in accordance with Government Code Section 91013. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative penalties:
a. Notice of Violation. If any Person subject to this Ordinance fails to comply with any provision herein, a Notice of Violation may be issued by the City Clerk or his or her designee. b. Content of Notice of Violation. The Notice of Violation shall contain the information listed below:
(1) Date, location and approximate time the violation was observed or discovered. (2) The Ordinance section violated and a brief description of the violation. (3) The amount of the penalty imposed for the violation. (4) Instructions for the payment of the penalty, the time period by which it shall be paid, and the consequences of failure to pay the penalty within this time period. (5) Instructions on how to appeal the Notice of Violation. (6) The signature of the City Clerk or his or her designee. c. Service of Notice of Violation. Service of Notice of Violation shall be effective upon deposit in United States mail in accordance with this Ordinance. A copy of the Notice of Violation shall be mailed by certified mail, return receipt requested to the Person who has violated the Ordinance, at the address listed for the Person on the Fair Political Practices Commission Form 410 Statement of Organization.
d. Penalties.
(1) The penalties assessed for each violation shall be ten ($10) dollars per day and shall not exceed the cumulative amount stated in the late statement or report, or one hundred ($100) dollars, whichever is greater.
(2) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.
(3) The penalties assessed shall be payable to the City Clerk’s Office. e. Administrative Appeal.
(1) Notice of Appeal. The recipient of a Notice of Violation carrying a penalty may appeal by filing a written Notice of Appeal with the City Clerk’s Office. The written Notice of Appeal must be filed within twenty (20) days of the service of the Notice of Violation. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal. The Notice of Appeal shall contain the following information:
ATTACHMENT 1
a) A brief statement setting forth appellant’s interest in the proceedings; b) A brief statement of the material facts which appellant claims supports his/her contention that no violation has occurred, no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; c) An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by mail.
d) The signature of the appellant.
(2) The City Clerk, or her or his designee, shall review the appeal and issue a Notice of Decision within thirty (30) days of receipt of the Notice of Appeal. The Notice of Decision shall be final.
(3) In addition to any other available remedies, the City Clerk’s Office may bring a civil action and obtain a judgment in Superior Court for the purposes of collecting any unpaid monetary penalties, fees, or civil penalties imposed pursuant to Government Code Section 91013.5.
SECTION 9: ENFORCEMENT. The City Clerk’s Office, or her or his designee, shall have the primary responsibility to monitor compliance with this Ordinance at his or her discretion, to investigate alleged violations of this Ordinance, to issue Notices of Violations as appropriate, to review appeals to the Notices of Violations, and to collect administrative penalties as set forth herein.
SECTION 10: SEVERABILITY. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are hereby declared to be severable.
SECTION 11: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days following adoption.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of American Canyon, State of California, held on the 30th day of July, 2019, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTACHMENT 1
The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of American Canyon, State of California, held on the 6th day of August, 2019, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________ Cherri Walton, Deputy City Clerk William D. Ross, City Attorney