Angels Camp City Council
May 17, 2022

Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District.

The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the assessment is based upon the proportional special benefits derived by the properties in the District over and above general benefits conferred on real property or to the public at large. Special benefit and the Assessments are calculated for each parcel in the District using the following process:

1. Identification of special benefit factors derived from the Improvements

2. Calculation and quantification of the general benefits

3. Determination of the relative special benefit within different areas within the Assessment District

4. Determination of the relative special benefit per property type

5. Apportionment of the costs to Assessment and calculation of the Assessment for each individual parcel based upon special benefit; location, property type, property size, property characteristics, improvements on property and other supporting attributes.

Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property. This special benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

The following benefit categories summarize the types of special benefit to residential and other lots and parcels resulting from the installation, maintenance, and servicing of the Improvements to be provided with the assessment proceeds. These categories of special benefit are derived from the statutes passed by the California Legislature and other studies which describe the types of special benefit received by property from maintenance and Improvements such as those within by the District. These types of special benefit are summarized as follows:

1. Proximity to improved landscaped, cultural and wildlife areas, and other public Improvements within the Assessment District.

2. Access to improved landscaped, cultural and wildlife areas, and other public Improvements within the Assessment District.

3. Improved views within the Assessment District.

4. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.

5. Improved nighttime visibility and safety from streetlights

6. Creation of individual lots for residential use that, in absence of the Assessments, would not have been created.

In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas:
 Proximity
 Expanded or improved access
 Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v.

SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment:

The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).

Proximity, improved access and views, in addition to the other special benefits listed above further strengthen the basis of these assessments.

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services.

Special Benefit
SCI assessment engineers have identified the following special benefits:

Proximity and Access to Improved Landscaped, Cultural and Wildlife Areas, and Other Public Areas within the Assessment District
Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share.

In absence of the Assessments, the Improvements would not be provided and the landscaped, cultural and wildlife areas in the District would be degraded due to insufficient funding for maintenance, upkeep, and repair. Therefore, the assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District.

Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas that are provided by the Assessments. This is a direct advantage and special benefit to property in the District.

Improved Views within the Assessment District
The District, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District.

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

Extension of a Property’s Outdoor Areas and Green Spaces for Properties within Close Proximity to the Improvements
The landscaped, cultural and wildlife areas within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties. The Improvements, therefore, provide an important, valuable, and desirable extension of usable land area for the direct advantage and special benefit of properties with good and close proximity to the Improvements.

Improved Nighttime Visibility and Safety from Streetlights Well maintained, effective street lighting provides special benefit to proximate parcels, within the range of the light, because it allows for safer and improved use of the property in the evenings and night. Street lighting also provides special benefit as it increases neighborhood safety and reduces the likelihood of crime on the proximate parcels.

Creation of Individual Lots for Residential Use that, in Absence of the Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for improvements that were required as a condition of development and subdivision approval.

Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase of property was also an “agreement” to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments.

General Versus Special Benefit
Proposition 218 requires an assessing agency to separate the general benefits from the special benefits of a public improvement or service, estimate the quantity of each in relation to the other, and limit the assessment amount to the portion of the improvement or service costs attributable to the special benefits.

In the legal decisions known as Golden Hill and Beutz, the California courts have determined that there typically will be some general benefit associated with parks, landscaping and lighting maintenance and improvements because people who don’t reside or own property in an assessment district do receive some, albeit minimal, benefit from the Improvements.

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

The separation and quantification of general and special benefits requires an apportionment of the cost of the service or improvement between the two benefit types. General benefits cannot be funded by assessment revenue. Rather, the funding must come from other sources. The Engineer, therefore, has analyzed the quantity to which the general public may reasonably be expected to use or benefit from the improved and maintained areas in relation to the quantity or extent to which property owners within the assessment district use and benefit from the improved and maintained areas.

Although the improved areas may be available to the general public at large, they have been specifically designed, located, and created to provide additional and improved public resources for property inside the District, and not the public at large. Other properties that are either outside the District, or within the District and not assessed, do not enjoy the unique proximity, access, views, and other special benefit factors described previously. These Improvements are of special benefit to properties located within the District because they provide a direct advantage to properties in the District that would not be provided in absence of the Assessments.

There is no widely-accepted or statutory formula for calculating general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. The SVTA vs.

SCCOSA decision provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements.

In other words:

In any case, following is a description of the separation and quantification of general benefit in the District. In each step of this analysis, the more liberal assumptions and determinations have been used in order to ensure that the total calculated general benefit is liberally determined.

A widely-accepted formula to estimate the general benefit is listed below:

Total
Benefit = General Benefit + Special Benefit
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

Benefit to Property Outside the District
Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique proximity and access to the Improvements that is not enjoyed by other properties or the public at large. Further, the District has significant physical barriers, such as roads, fences, and open space that impede the benefit from the Improvements by properties outside the District. There are only two points of ingress/egress into the District and these points are designed to limit random access. Developed residential properties only exist outside the District along a portion of the northern boundary. Nonetheless, some properties within immediate adjacent proximity of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. These benefits include improved views, but do not include improved proximity or access, extension of outdoor areas, nor improved lighting. Since these adjacent properties have limited direct view and access, and only receive a small portion of the benefits, a 25% reduction factor is used. This benefit is conferred to properties outside the District’s boundary. It contributes to the overall general benefit calculation and will not be funded by the Assessments.

The general benefit to property outside of the District is calculated as follows with the parcel and data analysis performed by SCI Consulting Group.

Total General Benefit to Properties Outside of the District = 2% Benefit to Property within the Assessment District
The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the Assessment District is special because the Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the Improvements enjoyed by benefiting properties in the District.

Assumptions:
43 parcels outside and adjacent to the District
526 parcels in the Assessment District
Calculation
General Benefit to Property outside the Improvement District= (43/(43+526)) * 25% = 2%
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

Nevertheless, the SVTA decision indicates there may be general benefit “conferred on real property located in the district.” A measure of the general benefits to property within the District is the percentage of land area within the District that is publicly owned, open to the public, and used for regional purposes such as major roads, rail lines, hospitals, and other regional facilities because such properties, while physically within the District, are used for regional purposes and could provide indirect benefits to the public at large. In this case, essentially 0% of the land area is used for such regional purposes.

Total General Benefit to Properties Inside of the District = 0% Benefit to the Public at Large
This Engineer’s Report uses this general benefit measure as the third component of the overall general benefit quantification. In the Beutz case, the Court opined those general benefits from parks and recreation facilities could be quantified by measuring the use of parks and recreation facilities by people who do not live within the assessment boundaries. Therefore, the general benefit to the public at large can be estimated by the proportionate amount of time that the District’s landscaped, cultural, wildlife and lighting facilities are used and enjoyed by individuals who are not residents, employees, customers, or property owners in the District.

The golf course attracts members of the public at large into the primarily residential District.

Hence, the “Public at Large” within the District used to evaluate this component of general benefit is primarily made up of non-resident golfers.

Some of the Improvements are proximate to the Greenhorn Creek golf course and enjoyed in part by non-resident golfers. However, it should be noted, however, that there are wetlands, cultural areas, and wildlife areas distributed throughout the District, they are in close proximity accessible to all the parcels and contribute to improved views. Finally, the maintenance and improvements to the golf course clearly provide additional, offsetting special benefit to the District’s Improvements.

Based upon observations and records obtained from the golf course operator, use by persons who do not own property within the District are approximately 50% of the persons who use the golf course. Approximately 30,000 rounds of golf are played a year at the golf course. 30,000 rounds * 50% non-resident = 15,000 rounds by non-resident golfers 15,000 rounds/365 days per year = 41 golfers per day
41 non-resident golfers/1,000 approximate total population = 5% City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

In addition, the street lighting benefits both pedestrians and drivers who reside in the District area as well as those pedestrians and drivers from outside the District (i.e., those walking or driving through or into the District). Because the District involves residential subdivisions with no major arterial roads and few through roads, the vast majority of the walking and driving in the District at night is by those who reside in the area. City staff persons, as well as residents and golf course staff over the years have observed the drivers and pedestrians in the District area. Based on these observations, and experience with other similar projects, the Engineer has determined that approximately 5% of the drivers and pedestrians on the District streets with lighting reside outside the District.
5% General Benefit to non-resident night-time drivers
With 5% of golf course benefit by non-residents and 5% benefit from street lighting to nonresidents, the total general benefit to the public at large is:

Total General Benefit to Public at Large = 5% + 5% = 10% Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 15% (rounded up from 12%) of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment.

Quantification of General Benefit Contribution from Other Sources As a result, at least 15% of the District budget must come from sources other than the assessment.

This contribution offsets any general benefits from the Assessment services. This general benefit contribution offset comes from several sources, including the Greenhorn Creek golf course, the City of Angels Camp, and the effective value of the original development. This general benefit contribution exceeds the 15% required general benefit.

General Benefit =
2 % (Outside the District)
+ 0 % (Property within the District)
+ 10 % (Public at Large)
= 12% (Round up to 15%)

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

General Benefit Contribution from Greenhorn Golf Course The Greenhorn Creek Golf Course owns, maintains, rehabilitates, and improves the golf course that is proximate and directly adjacent to the Improvements areas maintained by the District, and is largely funded by course use fees and an annual fee from members. The maintenance of the golf course serves to contribute to the maintenance of the District Improvements in significant ways. For example, maintenance of the landscaping proximate to the District’s improved areas provides for improved views, extension of improved areas, weed control, species control, rodent control, and other types of maintenance. The golf course’s pathways provide improved access to the District Improvements. The golf course’s drainage system manages water flow and helps maintain the improved areas. The golf course itself provides a boundary for the Improvements and retains them. The contribution from the Greenhorn Creek golf course towards general benefit from the services described in this section is conservatively estimated to be worth at least 10% of overall costs and benefits.

General Benefit Contribution from Original Development of the Improvements The value of the construction of the Improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute at least 10%.

Therefore, the total required general benefit is conservatively quantified at 15% (calculated above) which is more than offset by the total non-assessment contribution towards general benefit of 20%.

Zones of Benefit
The boundaries of the District were carefully drawn to include the properties in the District and currently receive special benefit from the Improvements.

The SVTA vs. SCCOSA decision indicates:

General Benefit contribution for non-assessment
sources =
10 % (from golf course)
+ 10 % (from initial development)
= 25% (Total General Benefit contribution)
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

“In a well-drawn district — limited to only parcels receiving special benefits from the improvement — every parcel within that district receives a shared special benefit. Under section 2, subdivision (i), these benefits can be construed as being general benefits since they are not “particular and distinct” and are not “over and above” the benefits received by other properties “located in the district.”
“We do not believe that the voters intended to invalidate an assessment district that is narrowly drawn to include only properties directly benefitting from an improvement.

Indeed, the ballot materials reflect otherwise. Thus, if an assessment district is narrowly drawn, the fact that a benefit is conferred throughout the district does not make it general rather than special. In that circumstance, the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g., proximity to park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g., general enhancement of the district’s property values).” In the District, the advantage that each parcel receives from the Improvements is direct, and the boundaries are narrowly drawn to include only parcels that benefit from the assessment.

Therefore, the even spread of assessment throughout the narrowly drawn district is indeed consistent with the OSA decision.

Within the District, zones of benefit are not justified or needed because the Improvements are provided relatively evenly across the entire area and for all parcels. Parcels of similar type in the District receive similar benefits on a per parcel and land area basis. Therefore, zones of benefit are not justified.

Method of Assessment
As previously discussed, the proposed Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the proposed District. The allocation of special benefits to property is partially based on the type of property and the size of property.

These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements. It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the Assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels.

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

The next step in apportioning Assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of Single-Family Equivalents (SFE).

This SFE methodology is commonly used to distribute Assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of Assessments. For the purposes of this Engineer’s Report, all properties are assigned an SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE.

Assessment Apportionment
The Improvements provide direct and special benefit to properties in the District. The District is primarily residential single family development. As such, each single family residential property receives similar benefit from the Improvements. Therefore, the Engineer has determined that the appropriate method of apportionment of the benefits derived by all parcels is on a dwelling unit basis. All improved properties or properties proposed for development are assigned an SFE factor equal to the number of dwelling units developed or planned for the property.

Residential Properties
Certain residential properties in the Assessment Area that contain a single residential dwelling unit and are on a lot of less than or equal to one acre are assigned one Single Family Equivalent or 1.0 SFE. Traditional houses, zero-lot line houses, and town homes are included in this category of single family residential property. Properties with more than one detached single family residence on one acre or less are assigned 1.0 SFE per single family home.

Properties with more than one residential unit (other than parcels with more than one detached single family dwelling as described above) are designated as multi-family residential properties.

These properties benefit from the Improvements in proportion to the number of dwelling units that occupy each property, the average number of people who reside in multi-family residential units versus the average number of people who reside in a single family home and the relative size of each type of residential dwelling unit. The population density factors for the area in City of Angels Camp encompassing the District, as depicted in the following table, provide the basis for determining the SFE factors for residential properties.

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

Using the total population in a certain property type in the area of the District from the 2020 Census and dividing it by the total number of such households, finds that approximately 2.16 persons occupy each single family residence, whereas an average of 2.23 persons occupy each multi-family residence. The ratio of 2.16 people on average for a single family residence and 2.23 people per dwelling unit in a multi-family residence unit result in a population density equivalent of 1.03 for multi-family residences. Next, the relative building areas are factored into the analysis because special benefits are related to the average size of a property, in addition to average population densities. For a multi-family residence, this calculation results in an SFE factor of 0.37 per dwelling unit.

Table 10 – Residential Property Types
Source: 2020 Census, City of Angels, and property dwelling size information from the Calaveras County Assessor data and other sources.

Commercial Properties
Commercial properties are generally open and operated for more limited times, relative to residential properties. Therefore, the relative hours of operation can be used as a measure of benefits since employee density also provides a measure of the relative benefit to property. Since commercial properties are typically open and occupied by employees approximately one-half the time of residential properties, it is reasonable to assume that commercial land uses receive onehalf of the special benefit on a land area basis relative to single family residential property.

The average size of a single family home with 1.0 SFE factor in the Service Area is 0.25 acres.

Therefore, a commercial property with 0.25 acres receives one-half the relative benefit, or a 0.50 SFE factor.

The SFE values for various commercial land uses are further defined by using average employee densities because the special benefit factors described previously are also related to the average number of people who work at commercial properties.

Total Occupied Persons per Pop. Density SqFt Proposed
Population Households Household Equivalent Factor Rate
Single Family Residential 3,062 1,419 2.16 1.00 1.00 1.00 Multi-Family Residential (5+ Units) 138 62 2.23 1.03 0.36 0.37 City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

To determine employee density factors, this Report utilizes the findings from the San Diego County Association of Governments Traffic Generators Study (the “SANDAG Study”) because these findings were approved by the State Legislature which determined the SANDAG Study to be a good representation of the average number of employees per acre of land area for commercial and industrial properties. As determined by the SANDAG Study, the average number of employees per acre for commercial and industrial property is 24. As presented in Figure 1, the SFE factors for other types of businesses are determined relative to their typical employee density in relation to the average of 24 employees per acre of commercial property.

Table 11 – Commercial/Industrial Benefit Assessment Factors

1. Source: San Diego Association of Governments Traffic Generators Study, University of California, Davis and other studies and sources.

2. The SFE factors for commercial and industrial parcels indicated above are applied to each fourth acre of land area or portion thereof. Additional acres over five for commercial, office, shopping center and industrial parcels are calculated per acre or portion thereof. (Therefore, the minimum assessment for any assessable parcel in these categories is the SFE Units listed herein.) Vacant/Undeveloped Properties
The Improvements will make the land in the District more desirable and useable. The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of improvements on the property. A measure of the benefits accruing to the underlying land is the average value of land in relation to Improvements for developed property. An analysis of the assessed valuation data from the City of Angels Camp found that approximately 30% of the assessed value of improved properties is classified as the land value. It is reasonable to assume, therefore, that approximately 30% of the benefits are related to the underlying land and 70% are related to the improvements and the day-to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels is 0.30 per parcel.

Average SFE Units SFE Units
Type of Commercial Employees per per
Land Use Per Acre 1 Quarter Acre 2 Acre After 5
Commercial 24 0.500 0.500
Office 68 1.420 1.420
Shopping Center 24 0.500 0.500
Self Storage or Parking Lot 1 0.021 0.021
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

Other Property Types
For certain properties, additional analysis and calculation of special benefit is required, as indicated below:

Golf Course Fairways and Greens
Golf course fairways and greens parcels do provide special benefit in the form of improved views and beautification to all parcels within the District – however, they also receive some special benefit from the proposed Improvements as enjoyed by golfers on these parcels. The fairways and green parcels include:

Parcel Acres
058-045-002-000 19.56
058-046-013-000 35.14
058-046-015-000 39.47
058-047-005-000 8.84
058-047-009-000 25.37
058-047-012-000 28.55
058-060-006-000* 1.74
Total acreage = 158.67
*Note entry way parcel with similar benefit to fairways and greens The special benefit is calculated as such:
30,000 round per year /365 days = 82 golfers per day
75% of golfers on the course * 82 golfers = 62 golfers on the greens and fairways per day 4 hours per round/12 hours of sunlight * 62 golfers = 21 golfers on course at anytime 21 golfers/2.16 household residents = 9.72 Single Family Equivalents of special benefit

9.72 SFE’s/158.67 acres = 0.0612 SFEs/ acre
Fitness, Tennis, Basketball, Pool, etc.

Fitness and court sport parcels receive special benefit from the improvements similar to other parcels. The fitness and court sport parcels include:

Parcel Acres
058-071-014-000 1.91
058-043-005-000 0.33
058-080-019-000 1.36
Total acreage = 3.60
The special benefit is calculated as such:

Estimated 5 users at anytime
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

5 users/2.16 household residents = 2.314 SFEs of special benefit

2.314 SFE’s/3.60 acres = 0.6430 SFEs/ acre
Club house and Cart Storage
Club house and cart storage parcels do provide special benefit similar to the other parcels. The fitness and court sport parcels include:

Parcel Acres
058-046-007-000 2.86
058-071-009-000 0.18
Total acreage = 3.04
The special benefit is calculated as such:
30,000 round per year /365 days = 82 golfers per day
25% of golfers in the club house * 82 golfers = 21 golfers in the club house per day 4 hours per round/12 hours of sunlight * 21 golfers = 7 golfers in Club house at anytime Average number of Non-golfers in Club house at any time estimated = 5 non-golfers (7 golfers + 5 non-golfers)/2.16 household residents = 5.55 SFEs of special benefit

5.55 SFE’s/3.04 acres = 1.8274 SFEs/ acre
Annual Cost Indexing
It should also be noted that, if the Assessments are approved, the maximum assessment rate within the Improvement District may increase in future years based on the annual increase, if any, in the Northern California (San Francisco-Oakland-Hayward) Consumer Price Index-All Urban Consumers (the “CPI”), from December to December of each year.

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

Duration of Assessment
It is proposed that the Assessments, if approved by property owners, will be continued every year after their formation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment.

Appeals of Assessments Levied to Property
Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Angels Camp City Administrator or their designee. Any such appeal is limited to correction of an Assessment during the then-current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Administrator or their designee will promptly review the appeal and any information provided by the property owner. If the City Administrator or their designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Administrator or their designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Administrator or their designee shall be referred to the Angels Camp City Council, and the decision of the City Council shall be final.

Assessment Funds Must Be Expended within the District
The net available Assessment funds, after incidental, administrative, financing, and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section.

Oversight, Annual Review, and Accountability
The Assessment proceeds and expenditures will also be reviewed and overseen by the City Council. In addition, the Assessment budget, Assessment rate, Assessment CPI increase, and Improvements will be reviewed at a noticed public hearing by the Councill and public.

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

In general, the public review and accountability process is as follows: The Assessments will not automatically continue and will require specific actions, reports, and procedures for continuation.

In each subsequent year for which the Assessments will be levied, the Council must preliminarily approve at a public meeting a budget and costs for the upcoming Fiscal Year’s Improvements, an updated annual Engineer’s Report, and an updated Assessment roll listing all parcels and their Assessments. At this meeting, the Council will also call for the publication in a local newspaper of a legal notice of the intent to continue the Assessments for the next Fiscal Year and set the date for the noticed public hearing. At the annual public hearing, members of the public can provide input to the Council prior to the Council’s decision on ordering the Improvements and the Assessments for the next Fiscal Year.

Citizens’ Oversight Committee
A Citizens’ Oversight Committee (the “Citizens’ Oversight Committee”) will be established for the Assessment District. The Citizens’ Oversight Committee shall review potential projects that may be funded by the assessments and shall make recommendations about the expenditure of assessment funds. Members of the Citizens’ Oversight Committee will be nominated and approved by the City Council. All members of the Citizens’ Oversight Committee shall own property within the Assessment District and shall not have conflicts of interest with the Assessment District or the Services funded by the Assessments. The Citizens’ Oversight Committee will meet quarterly on an annual basis.

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

Assessment
WHEREAS, the City Council of the City of Angels Camp, County of Calaveras, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (collectively “the Act”), adopted its Resolution Initiating Proceedings For the Formation of the Landscaping and Lighting Assessment District; WHEREAS, the Resolution directed the undersigned Engineer of Work to prepare and file a report presenting a description of the Improvements, an estimate of the costs of the Improvements, a diagram for the Assessment District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the Assessment District, to which Resolution and the description of the Improvements therein contained, reference is hereby made for further particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act and the order of the City Council of the City of Angels Camp, hereby make the following assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District.

The amount of the costs of the Improvements and related incidental expense to be paid by the District for the fiscal year 2022-23 is as follows:

Table 12 – Budget Summary
As required by the Act, the Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of the District. The distinctive number of each parcel or lot of land in the City of Angels Landscaping and Lighting District No. 2 – Greenhorn Creek is its Assessor Parcel Number appearing on the Assessment Roll.

Management, Legal, & Insurance 68,991
Protected Cultural Areas 44,672
15,035
Wetlands 5,278
Streetlights 16,545
Landscaping & Water 180,002
Hardscape 3,885
Miscellaneous 11,940
Net Amount to Assessments $ 346,349
Wildlife Corridor
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the related incidental expenses, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Cost Estimate and Method of Assessment in the Report.

The assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements.

The Assessment is subject to an annual increase tied to the Consumer Price Index-All Urban Consumers for Northern California (San Francisco-Oakland-Hayward) as of December of each succeeding year (the “CPI”).

Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Calaveras for the fiscal year 2022-23. For a more particular description of the parcel, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of Calaveras County.

I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Rolls, the amount of the assessment for the fiscal year 2022-23 for each parcel or lot of land within the District.

Dated: May 9, 2022
________________________________
Engineer of Work
By John W. Bliss, License No. C052091
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

Assessment Diagram
The District Boundary and the parcels to be assessed in Landscaping and Lighting District No. 2 – Greenhorn Creek are displayed on the Assessment Diagram, which is on file with the City Clerk of the City of Angels Camp. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Calaveras for Fiscal Year 2022-23, and are incorporated herein by reference, and made a part of this Diagram and this Report.

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

Assessment Roll, FY 2022-23
An Assessment Roll (a listing of all parcels assessed within the Assessment District and the amount of the assessment) is below.

Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference made part of this Report. These records shall govern for all details concerning the description of the lots or parcels.

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2022-23

RESOLUTION NO. 22-23

A RESOLUTION OF THE CITY OF ANGELS CAMP CITY COUNCIL
ADOPTING PROPOSITION 218 ASSESSMENT BALLOT

PROCEEDING PROCEDURES
WHEREAS, by Resolution No. 22-11, approved on March 15, 2022, the City Council ordered the initiation of proceedings for the formation of Landscape and Lighting District No. 2 – Greenhorn Creek pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code (commencing with § 22500 thereof) (“Act”); and
WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to the California Constitution, which impose certain procedural and substantive requirements relating to assessments (as defined).

WHEREAS, the City believes it to be in the best interests of the City and its property owners to confirm and memorialize the City’s procedures and guidelines regarding implementation of the provisions of Proposition 218 and pertinent statutes relating to assessments.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANGELS CAMP AS FOLLOWS:

SECTION 1: The above Recitals are in all respects true and correct.

SECTION 2: Statement of Legislative Intent: In adopting this resolution, it is the City Council’s intent to adopt assessment ballot proceedings, which are consistent and in compliance with Articles XIIIC and XIIID of the California Constitution and with Government Code §§ 53750 through 53754. It is not the intent of the City Council to vary in any way from the requirements of either the California Constitution or the laws of the State of California. If there is any inconsistency of each between a provision of this resolution and state law, state law will govern.

SECTION 3: Definition of Assessment: Proposition 218 defines “assessment” as “any levy or charge by an agency upon real property that is based upon the special benefit conferred upon the real property by a public improvement or services, that is imposed to pay the capital cost of the public improvement, the maintenance and operation expenses of the public improvement or the cost of the service being provided.” “Assessment” includes, but is not limited to, “special assessment,” “benefit assessment,” “maintenance assessment,” and “special assessment tax.”
SECTION 4: Assessment Ballot Proceeding: The following procedures shall be used in an assessment ballot proceeding that follows the requirements of California Constitution, Article XIIID, § 4:

A. Amount of Assessment: Only special benefits are assessable. The amount of assessment shall be each identified parcel’s proportionate share of the cost of the landscape maintenance services based upon that parcel’s special benefit from the services provided. The amount shall be proportional to, and no greater than, the special benefits conferred on the property.

B. Engineer’s Report: The City Council shall direct the filing of an engineer’s report that shall comply with the applicable state statute(s) authorizing the assessment and with California Constitution, Article XIIID, § 4. The engineer’s report shall explain the special benefits conferred by the improvements and/or services funded by the assessments. The engineer’s report shall also provide the evidence upon which the City Council may find that a special benefit exists. If the improvement or service confers a general benefit, the engineer’s report shall describe the general benefit and an alternative funding source for any general benefits. The engineer’s report shall be prepared by a registered professional engineer certified by the State of California, (“Assessment Engineer”). The cost of preparing the engineer’s report shall be included as a cost of the assessment.

C. Notice: The following guidelines shall apply to giving notice of an assessment:

1. The record owner(s) of each parcel to be assessed shall be determined from the last equalized property tax roll. If the property tax roll indicates more than one owner, each owner shall receive notice. Only property owners shall receive notice;

2. The notice shall be sent at least forty-five (45) days prior to the date set for the public hearing on the assessment;

3. The notice provided by this section shall contain the following information:
a. The total amount to be assessed for the entire assessment district; b. The amount to be assessed to the owner’s particular parcel; c. The duration of the payments;
d. The reason for the assessment;
e. The basis upon which the amount of the proposed assessment was calculated;
f. The date, time. and location of the public hearing on the proposed assessment;
g.A summary of the procedures for the completion, return and tabulation of the assessment ballots;
h. A disclosure statement that the existence of a majority protest will result in the assessment not being imposed; and
i. A ballot to be completed by the owner, as further described in paragraph IV, D of this resolution.

4. The notice provided by this section and in accordance with California Code §§ 53753(b) and (c) shall supersede and be in lieu of any other statutes requiring notice to levy or increase an assessment, including but not limited to the notice required by the state statute authorizing the assessment and California Government Code § 54954.6;

5. Failure of any person to receive notice shall not invalidate the proceedings;

6. The cost of providing notice shall be included as a cost of the assessment.

D. Assessment Ballot: The following guidelines shall apply to the assessment ballot:

1. The ballot required by Article XIIID, § 4(d), of the California Constitution shall be mailed to all property owners of record subject to the proposed assessment at least forty-five (45) days prior to the date of the public hearing on the proposed assessment. Said ballot shall comply with the requirements of California Government Code §§ 53753(b) and (c). The ballot shall be designed in such a way that, once sealed, its contents are concealed.

2. All ballots must be returned either by mail or by hand delivery; not later than the date for return of ballots stated on the notice and ballot described in this section. Mailed ballots must be returned to City of Angels Camp, City Clerk, P.O. Box 667 / 200 Monte Verda St. Suite B Angels Camp, CA 95222, or, if delivered at the time and location of the public hearing, to be held at the Angels Fire House, located at 1404 Vallecito Road, Angels Camp, CA, and handed to the City Clerk. Ballots must be returned either by mail or by hand delivery prior to the conclusion of the public input portion of the public hearing. The City Clerk shall tabulate the ballots (“Tabulator”) at a time and location which will be accessible to the public.

3. Each ballot must be signed under penalty of perjury. In the event that more than one (1) of the record owners of a parcel submits an assessment ballot, the amount of the proposed assessment to be imposed upon the parcel shall be allocated to each ballot submitted in proportion to the respective record ownership interests or, if the ownership interests are not shown on the record, as established to the satisfaction of the City Council or Assessment Engineer by documentation provided by the record owners.

If two (2) or more persons own a parcel subject to the assessment, any one (1) owner may cast an assessment ballot for all owners.

4. If a parcel has multiple owners, any owner may request a proportional assessment ballot. If the ownership interest of the owner is not shown on the last equalized secured property tax assessment roll, such request must include evidence, satisfactory to the City, of the owner's proportional rights in the parcel. The Assessment Engineer will provide the proportional ballot to the owner at the address shown on the assessment roll. Any request for a ballot to be mailed to another location must include evidence, satisfactory to the City, of the identity of the person requesting the ballot. Each proportional ballot will be marked to identify it as a proportional ballot and to indicate the owner’s proportional rights in the parcel. The Assessment Engineer shall keep a record of each proportional ballot provided to an owner.

5. The City will only accept official ballots mailed or otherwise provided to owners by the Assessment Engineer.

6. If an assessment ballot is lost, withdrawn, destroyed, or never received, the Assessment Engineer will mail or otherwise provide a replacement ballot to the owner upon receipt of a request delivered to the City or the Assessment Engineer. The replacement ballot will be marked to identify it as a replacement ballot or a replacement proportional ballot. Any request for a replacement or replacement proportional ballot to be mailed to another location must include evidence, satisfactory to the City or the Assessment Engineer, of the identity of the person requesting the ballot.

The same procedure applies to replacement ballots or replacement proportional ballots, which are lost, withdrawn, destroyed, or never received

7. If an assessment ballot is returned by the United States Post Office as undeliverable, the Assessment Engineer may mail a redelivered ballot to the current property owner, if updated ownership or owner mailing address can be determined. The redelivered ballot will be marked to identify it as a redelivered ballot.

8. An assessment ballot proceeding is not an election or voting for purposes of Article II of the California Constitution or of the Elections Code.

9. An assessment ballot is a disclosable “public record” as that phrase is defined by California Government Code § 6252 during and after tabulation of the ballots.

10. The California Government Code requires that assessment ballots be signed by property owners. However, property owner names and corresponding votes will remain strictly confidential, except as necessary to count the votes or as disclosure is required by California law.

11. To complete an assessment ballot, the owner of the parcel or his or her authorized representative must (1) mark the appropriate box (or circle) supporting or opposing the proposed assessment, and (2) sign, under penalty of perjury, the statement on the ballot that the person completing the ballot is the owner of the parcel or the owner’s authorized representative. Only one (1) box (or circle) may be stamped or marked on each ballot. All incomplete or improperly marked ballots shall be disqualified from balloting. The Tabulator will retain all such invalid ballots.

12. After returning an assessment ballot to the City, or the Tabulator on behalf of the City, the person who signed the ballot may withdraw the ballot by submitting a written statement to the City directing the City to withdraw the ballot. Such statement must be received by the City or the Tabulator prior to the close of the public input portion of the public hearing on the proposed assessment. When ballots for the assessment are tabulated, the Tabulator will segregate withdrawn ballots from all other returned ballots.

The Tabulator will retain all withdrawn ballots and will indicate on the face of such withdrawn ballots that they have been withdrawn.

13. In order to change the contents of a ballot that has been submitted, the person who has signed that ballot may (1) request that such ballot be withdrawn, (2) request that a replacement ballot be issued, and (3) return the replacement ballot fully completed. Each of these steps must be completed according to the procedures set forth above.

E. Tabulating Ballots: The following guidelines shall apply to tabulating assessment ballots:

1. Assessment ballots shall remain sealed until tabulation commences.

2. The City Clerk shall oversee and direct the tabulation of the assessment ballots. The Tabulator shall follow the rules and procedures of the laws of the State of California, this Resolution and any other rules and procedures of the City Council. If the Tabulator needs clarification, then he or she shall inquire of the City Council, which is the final arbiter. All ballots shall be accepted as valid except those in the following categories:
a. A photocopy of a ballot, a letter or other form of a ballot that is not an official ballot provided by the City or the Assessment Engineer on behalf of the City;
b. An unsigned ballot, or ballot signed by an unauthorized individual;
c. A ballot which lacks an identifiable mark in the box for a “yes” or “no” vote or with more than one (1) box marked, will not be counted;
d. A ballot which appears tampered with or otherwise invalid based upon its appearance or method of delivery or other
circumstances;
e. A ballot for which the barcode representing the parcel number is damaged or obstructed, unless the parcel number or property ownership information is legible and allows the Tabulator to clearly determine the property(s) identified on the ballot. f. A ballot received after the close of the balloting time period.

3. The Tabulator’s decision, after consultation with the City Council’s legal counsel, that a ballot is invalid shall be final and may not be appealed to the City Council.

4. If more than one (1) of the record owners of a parcel submits an assessment ballot, the amount of the proposed assessment to be imposed upon the parcel shall be allocated to each ballot in proportion to the respective record ownership interests, as shown on the record or as established to the City’s satisfaction by documentation provided by the record owners.

5. In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to which the ballot applies, the City Council will make such determination from the official County Assessor records and any evidence of ownership submitted to the City Council prior to the conclusion of the public hearing. The City Council shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership will be final and conclusive.

6. In the event of a dispute regarding whether the signer of a ballot is an authorized representative of the owner of the parcel, the City Council may rely on the statement on the ballot signed under penalty of perjury that the person completing the ballot is the owner’s authorized representative and any evidence submitted to the City Council prior to the conclusion of the public hearing. The City Council will be under no duty to obtain or consider any other evidence as to whether the signer of the ballot is an authorized representative of the owner, and its determination will be final and conclusive.

7. A property owner who has submitted an assessment ballot may withdraw the ballot and submit a new or changed ballot up until the conclusion of the public input portion of the public hearing on the assessment.

Assessment ballots may be withdrawn, and newer changed ballots submitted up until the conclusion of the public input portion of the public hearing on the assessment.

8. A property owner’s failure to receive an assessment ballot shall not invalidate the proceedings conducted under this section and California Constitution Article XIIID, § 4

9. The City shall retain all ballots for a period of two (2) years from the date of the public hearing.

F. Public Hearing.

1. At the public hearing, the City Council shall hear and consider all public testimony, objections and protests regarding the proposed assessment and accept ballots until the close of the public input portion of the public hearing.

2. Reasonable time limits may be imposed on both the length of the entire hearing and the length of each speaker’s testimony.

3. At the conclusion of the public input portion of the hearing, but prior to the conclusion of the public hearing, the Tabulator shall begin tabulation of the ballots at the direction of the City Council, including those received during the public hearing.

4. If it is not possible to tabulate the ballots on the day of the public hearing, or if additional time is necessary for public testimony, the City Council may continue the public hearing from time to time in order to receive additional testimony, information, or to finish tabulating the ballots.

5. If, according to the final tabulation of the ballots, ballots submitted against the assessment exceed the ballots submitted in favor of the assessment, weighted according to the proportional financial obligation of the affected property, a “majority protest” exists and the City Council shall not impose the assessment.

PASSED AND ADOPTED by the City Council of the City of Angels, State of California this 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________
Alvin Broglio,Mayor
ATTEST:
_________________________
Rose Beristianos, City Clerk
City of Angels Council Meeting
MAY 17, 2022 REGULAR AGENDA 7.E
E. Discussion and Approval of the Revised Citygate Proposal, Rebecca Callen, City Administrator
_____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 1 DATE: May 17, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND APPROVAL OF THE REVISED CITYGATE PROPOSAL

RECOMMENDATION
Approve revised Citygate proposal

BACKGROUND
The City of Angels Council reviewed the City’s response to Phase I of the Citygate strategic plan on March 15, 2022. At that time direction was given to the City Administrator to engage with Citygate to revise the proposal according to the needs of the City now.

DISCUSSION
The city Administrator met with Andrew Green of Citygate and went over the changes in management, Council, and direction. Based on those conversations, it was determined that the City needed to continue with Phase II. This change in scope will be a savings of $19,000 and will be incorporated in the 2022-23 Budget.

FINANCIAL IMPACT
The 2021-22 Budget included $65,000 for Phase II. The budget for 2022-23 will include $46,000 for the Strategic Plan.

ATTACHMENTS
Citygate Proposal for Phase II
May 10, 2022
Rebecca Callen, City Administrator
City of Angels
[email protected]
RE: PROPOSAL TO PROVIDE STRATEGIC PLANNING AND FACILITATION ASSISTANCE TO THE

CITY OF ANGELS
Dear Ms. Callen:

Citygate Associates, LLC (Citygate) is pleased to have previously served the City of Angels (City) with an Organizational Review and Budget Stabilization Study as well as a Financial Action Plan in Response to COVID-19. Citygate is proud to recognize the City as one of more than 400 local government agencies we have successfully served.

In response to your recent request, Citygate is pleased to present our proposal to provide strategic planning and facilitation assistance. Our proposal is based on the following scope of work. This brief engagement letter provides you with an overview of the project scope, project schedule, Project Team, and costs.

PROPOSED PROJECT SCOPE AND WORK PLAN
The following outlines the project components of our proposal. ◆ Conduct an orientation meeting by videoconference to ensure common understanding of the project and tasks.
◆ Develop and provide a list of information that Citygate needs from the City to effectuate productive interviews with Councilmembers and staff. ◆ Conduct staff interviews by videoconference to gauge current operational efficiency, determine status of the prior Citygate report’s recommendations, and identify any additional issues.
◆ Conduct interviews with Councilmembers by videoconference to identify goals and priorities informed by their individual perspectives.
◆ Complete community and staff surveys to assist in identifying general and operational issues/priorities and the associated development of Council priorities.

Ms. Callen
May 10, 2022

◆ Review the City’s current fiscal condition at a high level to identify present opportunities and challenges.
◆ Conduct a full-day on-site meeting with Council and staff, assisting in the development of a five-year strategic plan to include:
➢ Presentation and discussion of community and staff input and feedback from surveys
➢ Assistance in establishing vision and mission statements for the City ➢ Assistance in identifying City strategic goals and objectives ➢ Assistance with identifying tasks and responsibility assignments to achieve established strategic goals and objectives
➢ Assistance in developing a process to monitor task completion and identify necessary revisions
➢ Assistance in developing a periodic strategic plan updating process ➢ Assistance with developing a five-year strategic plan document.

The project will take 3.5 months to complete from contract approval and is anticipated to begin the July 5, 2022.

CITYGATE CONSULTANT TEAM
Citygate’s Project Team for this engagement includes the following experienced consultants, including our Project Manager, Andrew Green, who served on Citygate’s Project Team for our prior engagements with the City of Angels.

Andrew Green, MBA, Local Government Finance Specialist / Project Manager Mr. Green has over 35 years of experience in all aspects of municipal finance, including as a professional manager. During his career, Mr. Green has had primary responsibility for the development and monitoring of citywide budgets for four municipalities, with total budgets ranging from $70 million to $680 million. He developed and fine-tuned long-range financial plans for multiple municipalities, including playing a lead role in taking the City of Pasadena from a $10 million General Fund operating deficit to a $5 million General Fund operating surplus. Mr. Green has extensive experience with all aspects of the operations of a municipal finance department, including, but not limited to, financial reporting/accounting and analysis, accounts payable/receivable, debt issuance/management, payroll, investments, business licensing, risk management, purchasing, grant management, labor Ms. Callen
May 10, 2022

relations, and budgeting. Additionally, Mr. Green has developed and implemented finance department strategic plans in a number of jurisdictions. He has also served on many government finance organizations, including California Society of Municipal Finance Officers Chapter Cochair, League of California Cities Employee Relations Department representative, and the State of Nevada Committee on Local Government Finance committee member. Mr. Green assisted with Citygate’s Organizational Review and Budget Stabilization Study for the City of Angels and led the development of the Financial Action Plan in Response to COVID-19.

Mr. Green will serve as Project Manager and primary point of contact, providing day-to-day management of the project, including detailed planning and scheduling of tasks, preparation of work products, and coordination of project consultants. He will conduct interviews, perform highlevel and detailed analyses, facilitate Council sessions, and coordinate with City leadership to ensure strong project communication and successful completion of all project deliverables.

Stephanie DeWolfe, MRED, Local Government Specialist and Analyst Stephanie DeWolfe is a local government leader with more than 30 years of experience crafting creative solutions to achieve community vision. She is known for driving innovative outcomes and seeking balance among diverse stakeholders. Her career spans both community development and city management, having extensive experience in both fields. She recently retired as City Manager with the City of South Pasadena, and previously held the positions of Deputy City Manager and Community Development Director for the City of West Hollywood. She also held a variety of titles during more than 20 years with the City of Pasadena, including Acting Assistant City Manager, Deputy Planning Director, and Assistant to the City Manager. In each position, Ms. DeWolfe focused on organizational effectiveness, communication, and community engagement as her primary tools to achieve the goals of the City Council and community. She successfully led a variety of complex public projects over the years ranging from an award-winning citywide organizational effectiveness program to a comprehensive general plan update, to creative economic development initiatives, to communication strategies for ballot initiatives. She also served as a commissioner on the Pasadena Planning Commission for five years, gaining valuable perspective from the role of a volunteer advisory body. Ms. DeWolfe earned a master’s degree in Real Estate Development (MRED) from the University of Southern California, a bachelor’s degree in Urban and Regional Planning from Michigan State University, and a professional certificate in Public Relations from the University of California Los Angeles.

Ms. DeWolfe will assist with all facets of the project, including conducting interviews, preparing for and facilitating the strategic development process, and preparing reports.

Ms. Callen
May 10, 2022

Vijay Singhal, MBA, Local Government Financial Specialist Mr. Singhal has 25 years of experience in financial and organizational management in the public sector and 13 years of related experience in the private sector. He recently retired as the Principal Deputy Controller for the City of Los Angeles, California, where he made numerous process improvements and identified more than half a billion dollars in financial opportunity to help programs and services. As the CEO of the City of Baldwin Park, California, Mr. Singhal successfully steered the City from impending financial crisis, reduced costs, and increased the General Fund cash balance. He implemented numerous initiatives and programs to reduce crime and improve public safety, resident quality of life, and the performance of numerous City programs and services. As Finance Director and Interim City Manager for the City of Barstow, California, Mr. Singhal helped improve the City’s financial condition and the performance of City programs and services. His ability to establish collaborations resulted in successful passage of a ballot measure to increase the City’s transient occupancy tax, the merger of an independent park district with the City, and successful negotiations for construction of a hospital. Mr. Singhal has a master’s degree in Business Administration from the University of La Verne.

Mr. Singhal will assist with conducting interviews, preparing for and facilitating the strategic planning development process, and preparing reports. He will also conduct high-level fiscal reviews of City operations.

David DeRoos, MPA, CMC, Citygate President
Mr. DeRoos has over 30 years of experience as a consultant to local government, preceded by five years as an assistant to a City Administrator.

He earned his undergraduate degree in political science / public service (Phi Beta Kappa) from the University of California, Davis, and holds a master’s degree in public administration from the University of Southern California.

Prior to becoming a Principal in Citygate in 1991, he was a Senior Manager in the State and Local Government Consulting Division of Ernst & Young.

Mr. DeRoos is responsible for ensuring the engagement is conducted smoothly and efficiently within the schedule and budget allocated and that deliverables meet Citygate’s and the client’s quality standards.

PROPOSED COSTS
Citygate prefers to perform work on projects such as this on a time-and-materials, not-to-exceed cost basis. We do not believe our clients’ interests are well served with a pre-conceived solution or a fixed-cost approach.

Ms. Callen
May 10, 2022

Our charges are based on actual time spent by our consultants at their established billing rates, plus reimbursable expenses incurred in conjunction with travel, printing, clerical, and support services related to the engagement. As such, we will undertake this assessment for a “not-toexceed” total cost of $46,000 based on our proposed project Work Plan and schedule.

The price quoted is effective for 60 days from the date of receipt of this proposal and includes one draft review cycle project report, to be reviewed by the City within 14 calendar days of the City receiving draft documents. Additional draft review cycle or processing delays requested by the City would be billed in addition to the contracted amount at Citygate’s time and materials rates.

When changes are agreed upon, Citygate will provide final documents in reproducible PDF.

Standard Hourly Billing Rates
Classification Hourly Rate Consultant
Citygate President $260 David DeRoos
Local Government Financial Specialist / Project Manager $215 Andrew Green Local Government Specialist and Analyst $195 Stephanie DeWolfe Local Government Financial Specialist $195 Vijay Singhal Report Project Administrator $140 Various
Administrative Support $100 Various
Billing Schedule
We will bill monthly for time, reimbursable expenses incurred at actual costs (travel), and a sevenand-one-half percent (7.5%) administration charge in lieu of individual charges for copies, phone, etc. Our invoices are payable within thirty (30) days. Citygate’s billing terms are net thirty (30) days plus two percent (2%) for day thirty-one (31) and two percent (2%) per month thereafter. Our practice is to send both our monthly status report and invoice electronically. Once we are selected for this project, we will request the email for the appropriate recipients of the electronic documents.

Hard copies of these documents will be provided only upon request. We prefer to receive payment by direct deposit, if available.

We request that ten percent (10%) of the project cost be advanced at the execution of the contract to offset our start-up costs. This advance would be credited to our last invoice. * * *
Thank you for the opportunity to submit this proposal and once again serve the fine City of Angels.

If this proposal is acceptable, you can sign acceptance on the following page, or forward a standard consultant contract for us to complete.

Ms. Callen
May 10, 2022

As President of the firm, I am authorized to execute a binding contract on behalf of Citygate Associates, LLC. Please feel free to contact me at our headquarters office, located in Folsom, California, at (916) 458-5100, extension 101, or via email at [email protected] if you wish further information.

Sincerely,
David C. DeRoos, MPA, CMC, President
cc: Andrew Green, Project Manager
Acceptance of Citygate’s proposal and terms:

Name Signature
Title Date
City of Angels Council Meeting
MAY 17, 2022 REGULAR AGENDA 7.F
F. Discussion and Approval of Resolution No. 22-20, Adopting Discontinuation of Residential Service for Non-Payment (SB 998), Rebecca Callen, City Administrator _____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: May 17, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND APPROVAL OF RESOLUTION 22-20, ADOPTING DISCONTINUATION OF RESIDENTIAL SERVICE FOR NON-PAYMENT (SB 998)

RECOMMENDATION
Approve Resolution 22-20 incorporating SB 998 requirements in the City’s Policy for Water Service.

BACKGROUND
Senate Bill 998 was approved by the California Governor on September 28, 2018 as part of Health and Safety Code Sections 116900, et seq. All water utility agencies were to adopt a policy prior to its implementation deadline of February 1, 2020.

DISCUSSION
Historically, the City of Angels has allowed payment plans, without a formal policy in place. Payment plans should be limited in nature to customers that are in a lower income demographic and be limited in a collection period to avoid having accounts that would need to be discharged by the City. This policy is a mandated policy and can be no less restrictive that what it incorporated in code. Additionally, this policy is for Residential accounts only. Any commercial accounts will be required to be current or be faced with disconnection of water service.

Having a payment plan in place will prevent those accounts from being added to the annual tax roll by the County, which will be implemented this fall another mechanism for collecting delinquent accounts.

As a reminder to the Council and customers, charges are the responsibility of the property of record, not the tenant. It is always advised to ensure the bills are being sent to the owner not the tenant to avoid surprises during the tax lien outreach period.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Due to COVID, all water shut offs were ceased and the entire past due process was ended as there was no method to collect. Instead balances continued to roll forward to the next billing cycle. With the end of the moratorium, the shut off process is back in effect and this policy is required to approve and enforce.

FINANCIAL IMPACT
None at this time.

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 22-20

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL ADOPTING DISCONTINUATION OF RESIDENTIAL SERVICE FOR NON-PAYMENT (AB998) WHEREAS, Senate Bill 998 was approved September 28, 2018 as part of Health and Safety Code Section 116900, et seq; and
WHEREAS, the City of Angels is required to approve a policy for the adoption of discontinuation of residential service for non-payment; and
WHEREAS, the moratorium of shut offs of residential water service was ended; and WHEREAS, the City of Angels need to address and reach out to customers as part of SB 998, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the policy for Discontinuation of Residential Service for Non-Payment.

PASSED AND ADOPTED this 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Alvin Broglio, Mayor
_______________________
Rose Beristianos,
City Clerk

HOME OF THE JUMPING FROG
City of Angels
Water Billing Policy: Discontinuation of Residential Service for Non-Payment Purpose: This policy has been established to comply with Senate Bill 998, known as the “Water Shutoff Protection Act” and approved by the Governor on September 28, 2018 (California Health and Safety Code Sections 116900, et seq.). This Policy shall be made available on the City of Angels website. The City’s Utility Billing office can be contacted by phone at 209-736-2181 (or by email at [email protected]) to discuss options for averting termination of residential water service for nonpayment under the terms of this policy. This policy does not apply to nonresidential water service.

Effective Date: This policy shall be effective on February 1, 2020.

Published Languages: This policy and written notices required in this policy shall be available and published in English, the languages listed in Section 1632 of the Civil Code, which include Spanish, Chinese, Tagalog, Vietnamese, and Korean, and any other language spoken by at least 10 percent of the people residing in the City’s water service area.

Requirements Precedent to Discontinuing Residential Water Service A. The City shall not discontinue residential water service for nonpayment until a customer has been delinquent for at least 60 days. No less than seven business days before discontinuation of residential water service for nonpayment, the City shall contact the customer named on the account by telephone or written notice.

B. When the City contacts the customer named on the account by telephone pursuant to subparagraph (A), staff shall offer to provide this policy in writing to the customer. City staff shall offer to discuss options to avert discontinuation of water service for nonpayment, including, but not limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and petition for bill review and appeal.

C. When the City contacts the customer named on the account by written notice pursuant to subparagraph (A), the written notice of payment delinquency and impending discontinuation shall be delivered to the customer at their address of record. If the customer’s address is not the address of the property to which residential water service is provided, the notice shall also be sent to the address of the property to which residential water service is provided, addressed to “Occupant.” The notice shall include, but is not limited to, all of the following information in a clear and legible format:
1) The customer’s name and address.
2) The amount of the delinquency.
3) The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential water service, which shall be 60 days from the date that the bill became delinquent unless extended by the discretion of the Administrative Services Director or designee
4) A description of the process to apply for an extension of time to pay the delinquent charges. 5) A description of the procedure to petition for bill review and appeal. 6) A description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent residential water service charges.
7) The City’s phone number and a web link to the City’s written policy.

5. Good Faith Noticing Requirements
A. If the City is unable to contact the customer or an adult occupying the residence by telephone, and written notice is returned through the mail as undeliverable, the City shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential water service for nonpayment and the City’s policy for discontinuation of residential water service for nonpayment.

B. If the customer seeks review or appeal of their bill, the customer shall contact the City before the payment due date and the City will investigate. If the investigation does not result in a resolution acceptable to the customer, the customer may seek review by the Administrative Services Director and subsequently may appeal to the City Manager. The City shall not discontinue residential water service while the appeal is pending.

6. Prohibition Against Discontinuing Residential Water Service A. The City shall not discontinue residential water service for nonpayment if all of the following conditions are met:
1) The customer, or a tenant of the customer, submits to the City the certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential water service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential water service is provided.
2) The customer demonstrates that he or she is financially unable to pay for residential water service within the City’s normal billing cycle. The customer shall be deemed financially unable to pay for residential water service within the City’s normal billing cycle if any member of the customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household’s annual income is less than 200 percent of the federal poverty level. 3) The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment with respect to all delinquent charges.

B. If the conditions listed above in subsection A. are all met, the City shall offer the customer one or more of the following options at City’s choice:
1) Amortization of the unpaid balance.
2) Participation in an alternative payment schedule.
3) A partial or full reduction of the unpaid balance financed without additional charges to other ratepayers.
4) Temporary deferral of payment.

C. The Administrative Services Director or designee is authorized to determine which of the payment options described in paragraph 6.B the customer undertakes and may set the parameters of that payment option provided that the repayment of any remaining outstanding balance occurs within 12 months, and further provided that the Administrative Services Director may only approve a partial or full reduction of the unpaid balance if that reduction can be funded with other revenues that the City Council has approved and transferred into the Water Enterprise Fund budget explicitly for the purpose of allowing for such reductions.

D. Residential water service may be discontinued no sooner than 5 business days after the City posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:
1) The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for 60 days or more.
2) While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges, the customer does not pay his or her current residential water service charges for 60 days or more.

7. Restoration of Water Service
A. If the City discontinues residential water service for nonpayment, it shall provide the customer with information on how to restore residential water service. For a residential customer who demonstrates to the City that the household income is below 200 percent of the federal poverty line, the City shall do both of the following:
1) Set a reconnection of service fee for reconnection during normal operating hours in an amount that does not exceed fifty dollars ($50), or the actual cost of reconnection if it is less. For the reconnection of residential water service during nonoperational hours, the City shall set a reconnection of service fee that does not exceed one hundred fifty dollars ($150), or the actual cost of reconnection during nonoperational hours if it is less. The maximum amount of $50 for reconnection during operational hours and $150 during nonoperational hours shall be subject to an annual adjustment for changes in the Consumer Price Index beginning July 1, 2021. The City shall use the Consumer Price Index -- U (Los Angeles-Long Beach-Anaheim, CA All Urban Consumers) as reported for the twelve months from February of the previous year to February of the current year for determining the increase in the Consumer Price Index. 2) Waive interest charges on delinquent bills once every 12 months.

B. The City shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household’s annual income is less than 200 percent of the federal poverty level.

8. Services involving Landlord-Tenant Relationships
A. If the City furnishes individually metered residential water service to residential occupants of a detached single-family dwelling, a multiunit residential structure, and mobile home and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the City shall make a good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears that service will be terminated at least 10 days prior to the termination. The written notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account.

B. The City shall not make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service and meets the requirements of law and the City’s ordinances, resolutions, rules and regulations.

However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the City, including requirements which may include, but not be limited to, payment of a deposit of one month of charges and completion of a City application for service so that the Finance Director, or designee, can evaluate whether the City is satisfied that the residential applicants can meet the terms and conditions of service, or if there is a physical means legally available for the City to selectively terminate service to those residential occupants who have not met the requirements of the City’s, the City shall make service available to those residential occupants who the City is satisfied can meet the terms and conditions of service.

9. Reporting Requirements
The City shall annually report the number of discontinuations of residential service for inability to pay on the City’s website and to the State Water Resources Control Board.

10.Limitations of this Policy
Nothing in this policy restricts, limits or otherwise impairs the City’s ability to terminate service to a customer for reasons other than those explicitly stated in this policy, including, but not limited to, unauthorized actions of the customer.

City of Angels Council Meeting
MAY 17, 2022 REGULAR AGENDA 7.G
G. Approval of Resolution No. 22-19, Approving the MOU Negotiation Between Angels Camp Exempt Employees and the City of Angels for a Term Beginning May 22, 2022 through June 30, 2024, Rebecca Callen, City Administrator _____________________________________________________________________

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Celebrated Jumping Frog • City of Angels incorporated 1912 • www.angelscamp.gov DATE: May 17, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVE RESOLUTION NO. 22-19. A RESOLUTION APPROVING THE MOU

NEGOTIATION BETWEEN ANGELS CAMP EXEMPT EMPLOYEES AND THE CITY OF ANGELS FOR A TERM BEGINNING, MAY 22, 2022 THROUGH JUNE 30, 2024

RECOMMENDATION
Staff recommends adoption of Resolution No. 22-19 approving a Memorandum of Understanding Between Angels Camp Exempt Employees for a two-year period beginning February 13, 2022 and continuing until June 30, 2024

BACKGROUND
Having met and conferred in good faith with Angels Camp Exempt Employees and discussions centering on wages healthcare benefits and other various important items, an agreement has been reached.

FINANCIAL IMPACT
There will be a $18,500 financial impact for the essential and vaccine pay to employees and a minimal increase to salaries

ATTACHMENTS
Memorandum of Understanding
Resolution 22-19
1 CITY OF ANGELS

EXEMPT EMPLOYEES

MEMORANDUM
OF

UNDERSTANDING
Effective:

May 22, 2022--June 30, 2024
2 CITY OF ANGELS

EXEMPT EMPLOYEES MEMORANDUM OF UNDERSTANDING

1. PARTICIPANTS
This Memorandum of Understanding (“MOU”) is entered into by and between the City of Angels (“City”) and the City of Angels Employee’s Association (“Association”), having met and conferred in good faith regarding wages and conditions of employment. All designated representatives have exchanged freely; information, opinions and proposals and have endeavored to reach agreement on matters relating to wages and benefits.

2. TERM OF AGREEMENT
This MOU will remain in effect for a two-year period, beginning May 22, 2022, and expiring June 30, 2024. However, nothing herein shall prohibit the Parties from changing the terms, or any part of the terms, of this MOU, by mutual agreement.

3. DEFINITION OF CITY
The City Council or the person or persons duly authorized by the City Council as the representative of the City of Angels, shall hereinafter be referred to as “City”.

4. BARGAINING UNIT
This MOU shall be applicable to full-time exempt management employees in the classifications listed in Exhibit A. The terms “employee,” “bargaining unit employee,” “exempt management employees” and “members of this unit” may be used interchangeably herein to mean all workers covered by this MOU.

5. USE OF CITY FACILITIES
The Association shall be allowed to use bulletin boards for communications having to do with official Association business, such as times and places of meeting, etc.

6. NO DISCRIMINATION
The City and Association agree that there shall be no unlawful discrimination against, and/or harassment of employees or job applicants with respect to any terms or conditions of employment on the basis of actual or perceived: race, color, national origin, ancestry, sex (including pregnancy, childbirth, related medical conditions, or breastfeeding), gender, gender identity, gender expression, sexual orientation, age (40 or over), religion (including religious dress and grooming practices), physical or mental disability, medical condition, pregnancy, marital status, citizenship status, military or veteran status, genetic information or characteristics, or any other basis protected by applicable federal, state, or local law.

7. ATTENDANCE AT MEETINGS BY EMPLOYEES
When requested by the City, persons who are representatives of the association shall be given reasonable time off with pay to attend meetings with City representatives. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. 3 8. AT-WILL EMPLOYMENT STATUS/TERMS OF EMPLOYMENT
Members of this bargaining unit are appointed to their positions and serve at the pleasure of the City Council and City Administrator, thus bargaining unit employees are at-will employees and either the City or the employee may terminate the employment relationship at any time with or without notice. As appointed at-will management employees, bargaining unit members have no property right in their jobs and are not entitled to due process for any adverse employment action under the City’s Personnel Policy Rules and Regulations or any other City policy or procedure, unless such process is required by law, set forth in this MOU, or an applicable individual employment agreement.

The City Administrator may negotiate employment terms with members of the bargaining unit including but not limited to the appropriate pay step into which to hire new staff (from within the City Salary Table) and to enter into individual employment agreements for such bargaining unit positions on the City's behalf; provided that any such employment agreement terms which conflict with the specified benefits provided under this MOU must be approved by the City Council.

The City’s Personnel Policy Rules and Regulations, as may be amended from time to time after meeting and conferring with the Association, shall apply to employees covered by this MOU, to the extent that they are not in conflict with any provision of this MOU or any applicable individual employment agreement.

9. SALARIES
Salary ranges for exempt management employee classifications shall be set forth in Exhibit “A”. The rates of pay set forth do not include reimbursement for actual and necessary expenses authorized and incurred incident to City employment.

10. CONVERSION OF SALARIES
Any monthly, daily or hourly rate of pay may be converted into any equivalent rate of pay or to such other time basis when, in the judgment of the City, such conversion is advisable. In determining equivalent amounts of different time bases, the City shall provide tables or regulations to the person involved for the calculation of payment and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

11. SALARY INCREASES / PERFORMANCE REVIEWS
Each employee shall be considered for salary step increases annually in according to the employee’s anniversary date, or revised salary anniversary date. Salary step increases are based on merit and are contingent on the recommendation of the City Administrator.

If awarded, step increases will be paid the next complete pay cycle following the anniversary date. Should the City Administrator determine that an employee has not achieved the level of performance required for a salary increase, the City Administrator shall provide notice to the employee explaining the specific reason(s) why a salary increase is to be withheld.

Changes in an employee's salary because of promotion, demotion or postponement of salary step increases due to marginal performance will set a revised salary anniversary 4 date for that employee. However, salary range adjustments for a classification will not set a revised salary anniversary date.

Documentary records and/or performance reviews must be maintained and discussed with the employee at least once every year, and more often if considered desirable by the City.

12. PAYMENT OF SALARIES AND WAGES
BIWEEKLY PAY PERIOD--All City employees will be paid on a biweekly basis. This will be a total of 26 paychecks per year which will be issued every other Friday.

13. SEVERANCE PAY
Final payroll checks issued as a result of resignation or layoff from City employment will be paid no later than the next regularly scheduled payday. If terminated for cause, accrued wages shall be paid no later than the next regular working day.

14. ADMINISTRATIVE LEAVE
Exempt management employees shall receive fifteen (15) eight hour administrative days.

Employees should not take administrative leave until after the completion of six (6) months of their probation. Administrative leave cannot be carried over from year to year and is not paid out on termination. Exempt management employees may cash out 60 hours of Administrative leave per fiscal year based on:
a. Approval/discretion of City Administrator
b. Maximum of 60 hours per fiscal year
c. Employee must have sufficient hours accrued for cash out d. Cash value equals employee’s hourly rate times Administrative Leave

15. HOLIDAYS
All regular full time employees shall be entitled to thirteen (14) annual holidays off, on full pay. Authorized holidays are as follows:

1. New Year’s Day January 1

2. Martin Luther King 3rd Monday in Jan.

3. Washington’s Birthday 3rd Monday in Feb.

4. Memorial Day Last Mon. in May

5. Independence Day July 4

6. Labor Day 1st Mon. in Sep.

7. Columbus Day 2nd Mon. in Oct.

8. Veterans Day November 11

9. Thanksgiving Day November, as designated

10. Day after Thanksgiving November, as designated

11. Christmas Eve December 24

12. Christmas Day December 25

13. Floating Day ** **In lieu of Election Day

14. Juneteenth June 19
Any additional holidays recognized by the Federal Government shall be an additional holiday and not substituted for any existing holiday.
5 When a holiday falls on a Saturday, the preceding Friday shall be recognized as a holiday. When a holiday falls on a Sunday, it shall be recognized the following Monday.

If a holiday falls within an employee’s vacation leave, that day shall be deemed a holiday and not a vacation day.

16. VACATION ALLOWANCE
Bargaining unit employees shall be entitled to annual vacation leave, with pay, according to the number of continuous full calendar years of full time employment, based on the following scale:
1 through 5 full calendar years 10 working days/year
6 through 10 full calendar years 15 working days/year
After 11 years of continuous full time service, one additional paid vacation day is added each year until a maximum of 20 working days is reached at the end of 15 years:
11 years 16 working days
12 years 17 working days
13 years 18 working days
14 years 19 working days
15 years 20 working days
Vacation time is accrued from first full month of employment but should not be taken until after passage of 6 months. Employees should request to schedule vacation days as far in advance as possible. Vacations will be scheduled so as to provide adequate coverage of jobs and staff requirements. Vacation does not accrue during unpaid leaves of absence or other periods of inactive service.

Vacation accrues to and will be capped at a maximum of 150% of the employee’s annual accrual. Once that maximum amount is reached, no further vacation will accrue until some vacation time is used to reduce the employee’s balance below the maximum annual accrual. Employees are responsible to keep track of accrued vacation time. For employees hired prior to January 1, 2006, the City will pay out accrued vacation in excess of the cap over the term of this Agreement. The timing and amount of such payments will be in accord with the City’s business needs, as determined by the City Administrator. If the employee’s accrual is not reduced below the applicable cap within the applicable time period, the employee will cease to accrue additional vacation until such time as their accrued vacation time falls below the maximum cap.

The City may, in its discretion, schedule vacation time for employees in accord with its business needs, or to buy back unused accrued vacation time in December at the end of each calendar year during the period this MOU is in effect. Additionally, employees may request to cash out up to forty (40) hours of accrued vacation time each calendar year.

Such requests will be granted provided, in the City Administrator’s sole discretion, City’s business needs and financial abilities allow. It is the intent of the City that employees use allotted vacation time for its intended purpose. In lieu pay cannot be substituted for taking vacation time.
6 17. SICK LEAVE
Employees with accumulated sick leave may be granted sick leave for the following:
a. Preventative care, illness or physical incapacity of the employee; b. Enforcement quarantine of the employee in accordance with community health regulations;
c. Illness or injury in the immediate family will be granted in accordance with the Family Medical Leave Act;
d. Medical, vision and dental office appointments which cannot be scheduled at other than work hours;
e. Diagnosis, care or treatment of a medical condition or preventative treatment for an employee’s family member in accordance with the California Paid Sick Leave laws;
f. To obtain relief or services related to bring a victim of domestic violence, sexual assault or stalking in accordance with California Paid Sick Leave laws.

All bargaining unit employees shall be granted eight (8) hours of accrued sick leave for each full month of service.

Employees may be required to file a physician’s certificate with the City Administrator stating the cause of the absence exceeding three days.

Accrual of sick leave begins on the first day of the first full month of employment.

Unused sick leave shall be accumulated from year to year. Sick leave may be accrued to a maximum of 720 hours.

Employees may use ½ of their accrued sick leave to attend to illnesses in the immediate family in accordance with the California Kin Care laws.

Unused sick leave will not be cashed out.

Upon retirement, unused sick leave may be credited as service time as provided in the City’s contract with PERS.

18. BEREAVEMENT
Bereavement leave may be used by employees when they are required to be absent from work because of a death in their immediate family, not to exceed three (3) days in state, or five (5) days if out of state, per incident. This will not be charged to sick leave.

Immediate family shall include father, mother, loci parentis, siblings, or child of employee, and mother/father/siblings of the employee’s spouse. Additional consideration may be given in special cases as determined by the City Administrator.

19. LEAVES OF ABSENCES
Leaves of absence will be administered in accordance with state and federal law and City policies as set forth in the Personnel Policy Rules and Regulations, as may be amended 7 from time to time. The City complies with California and federal law governing family and medical leaves. The provisions of this section shall be applied in conformity with the California Family Rights Act and the Federal Family Medical Leave Act.

A regular employee may request a leave of absence “without pay” up to a maximum of one year for the following reasons:
a. Prolonged illness
b. To attend school or college or to enter training to improve the quality of his/her service.
c. Jury /Witness Duty. In such cases, the employee shall be paid his/her regular salary and jury/witness fees that the employee may receive from the Court shall be remitted to the City, except pay for travel and meals. d. Military leave will be granted in accordance with the State and Federal law. e. An employee who is absent from duty for any reason shall report the reason thereof to his/her supervisor or the City Administrator immediately on the day of absence, unless prevented from doing so.
f. All unauthorized and unreported absences shall be considered as absence without leave a deduction of pay may be made for each period of such absence in accordance with the provisions of the FLSA, and any applicable state or local law.

Voluntary absence without leave for five (5) consecutive days shall be considered as an automatic resignation from City service.

20. BREAK IN SERVICE
Any employee who is re-employed after being terminating voluntarily or being discharged by the City shall be deemed to have experienced a break in service. Thus, for purposes of computing leave accruals, benefits and any additional compensation such as longevity pay, the employee’s length of employment shall then be measured from the date of his/her most recent appointment.

21. ADDITIONAL BENEFITS

1. The City shall, for active employees, contribute the following monthly amounts based upon the actual election of medical plan and level of coverage by the employee:

Employee only: The total monthly premium for the highest premium available PERS plan .

Employee plus one: The total monthly premium for the highest premium available PERS plan for Employee only, plus 75% of the additional monthly premium of the lowest plan for one dependent.

Family: The total monthly premium for the highest premium available PERS plan for Employee only, plus 75% of the additional monthly premium of the lowest plan for a family.

Cash in lieu: Employees with alternate insurance may opt out of City health insurance coverage and receive a payment in lieu of benefits in the amount of two 8 hundred fifty dollars ($250.00). In no event will employees receive more than $250 in return for waiving all medical coverage for themselves and/or their spouse or dependents.

2. Dental care benefits shall be provided to employees. The City shall contribute 100% of the lowest employee only premium. For employees opting for employee plus one or employee plus family, the City shall pay sixty percent (60%) of the difference between the employee only premium and the respective employee plus one or employee plus family.

3. Vision care benefits shall be provided to City employees. The City shall contribute 100% of the employee only premium. For employees opting for employee plus one or employee plus family, the City shall pay sixty percent (60%) of the difference between the employee only premium and the respective employee plus one or employee plus family.

4. The City strives to provide a high quality, competitive benefits package.

Unfortunately, benefits such as medical insurance have recently experienced dramatic fluctuations in premiums. While the City is committed to providing fair and appropriate medical insurance benefits, increases in premiums may be passed onto the employees.

5. Life Insurance benefits will be provided through a City sponsored group term life insurance program administered. The City will contribute the full cost for employee only coverage as follows: group term life insurance coverage of $15,000 natural death; $30,000 accidental death for employee only. Employees are responsible for the payment of any costs in excess of the maximum City contribution

7. Retiree Health Insurance

a. For employees hired after July 1, 2009 who have a minimum of ten years of service with the City, the City shall contribute on a monthly basis an amount equal to fifty percent (50%) of the current premium contribution for employee only.
b. Upon retirement, should the employee elect not to participate in the retiree medical benefit plan, the City’s contribution will be zero and it will be an irrevocable election.

8. The City shall pay 100% of the Worker’s Compensation Insurance Premium.

9. The City shall pay 50% of the Social Security retirement benefit.

10. The City shall pay 100% of the unemployment insurance premium.

11. Public Employees Retirement System (P.E.R.S.)
First Level (Classic) Employees-Employees hired before January 1, 2013 participate in the PERS 2.7% at 55 formula for active local miscellaneous (nonsafety) members. Participation requires a payment of 8% of the employee's gross 9 salary for the 2.7@55 benefit. Effective July 1, 2013, employees will pay the required 8% on a pre-tax basis.

Employees hired before January 1, 2013, who are in local safety positions participate in the PERS 3% at 50 formula for active local safety members.

Participation requires a payment of 9% of the employee’s gross salary for the 3% @ 50 benefit. Effective July 13, 2013, employees will pay the required 9% on a pre-tax basis.

PEPRA (New Member) Employees-Pursuant to the Public Employees’ Pension Reform Act (PEPRA), any miscellaneous (non-safety) employee hired on or after January 1, 2013, who is a “new member” as defined by PEPRA shall participate in the PERS 2% at 62 formula for active local miscellaneous members.

Participation requires employees to contribute at least one-half (½) of the “normal cost” of the benefit, rounded to the nearest ¼ of 1% or the current contribution rate of similarly situated employees, whichever is greater. The required employee contributions will be paid on a pre-tax basis.

Local safety employees hired on or after January 1, 2013, who are “new members” as defined by PEPRA shall participate in the PERS 2.7% at 57 formula for active local safety members. Participation requires employees to contribute at least one-half (½) of the “normal cost” of the benefit, rounded to the nearest ¼ of 1% or the current contribution rate of similarly situated employees, whichever is greater. The required employee contribution will be paid on a pretax basis.

Contribution requirements are determined by periodic actuarial valuations under state law and may change in accordance with CalPERS regulations and/or state law.

22. LONGEVITY
Employees are eligible for additional compensation for longevity based on years of continuous full time employment with the City. Longevity pay shall be added to the base salary of the employee.

2.5% at 10 years of continuous full-time service

2.5% at 15 years of continuous full-time service

2.5% at 20 years of continuous full-time service

2.5% at 25 years of continuous full-time service

23. TUITION REIMBURSEMENT
City shall reimburse employee’s expenses for tuition, books and materials upon the demonstration of the satisfactory completion of the course for approved courses relating to their perspective jobs.

24. CELL PHONE ALLOWANCE
Bargaining unit employees will receive a monthly cell phone allowance in the amount of $40.00.
10 25. EMPLOYEE BONUSES
Essential Employee Pay: In recognition of bargaining unit employees’ service to the CITY and its citizens during the challenges presented by the public health pandemic, the CITY will provide a one-time bonus in the amount of two thousand five hundred dollars ($2,500.00) to employees who have been continuously employed in a full-time bargaining unit capacity by the CITY less than five (5) years as of the date this Agreement takes effect. The CITY shall provide a one-time bonus of five thousand dollars ($5,000.00) to employees who have been continuously employed in a full-time bargaining unit capacity by the CITY for five (5) or more years as of the date this Agreement takes effect. The bonus shall be payable the first full pay period following ratification and approval of the MOU.

COVID-19 Vaccine Bonus - The CITY shall provide a one-time bonus in the amount of five hundred dollars ($500.00 per shot) to all bargaining unit employees who have been fully vaccinated against COVID-19. Employees who have received a COVID-19 booster vaccination will receive an additional one-time bonus in the amount of $500.00. The bonuses shall be contingent on: 1) ratification and approval of this MOU, 2) employee being in a bargaining unit position as of the date this MOU is ratified and approved, and 3) documentation that the vaccination(s) have been received prior to the date this MOU is ratified and approved being presented to the Administrative Services Officer. Vaccine bonuses shall be payable the first full pay period after ratification and approval have occurred and documentation has been presented.

26. SALARIES & SALARY SCHEDULES
See Exhibits A attached.

The term of this agreement shall be from May 22, 2022, through June 30, 2024.

CITY OF ANGELS EXEMPT EMPLOYEE ASSOCIATION
____________________________ _______________________________________ Mayor Date Employee Representative Date

_______________________________________
Employee Representative Date
City of Angels Camp
Exempt Salary Schedule for 2021/2022 Fiscal Year (No COLA Included) Range Step 1 Step 2 Step 3 Step 4 Step 5
41 Chief Plant Officer $36.35 $38.17 $40.08 $42.08 $44.19 $6,300.67 $6,616.13 $6,947.20 $7,293.87 $7,659.60
$75,608.00 $79,393.60 $83,366.40 $87,526.40 $91,915.20
49 Finance Director $44.29 $46.51 $48.83 $51.28 $53.84
$7,676.93 $8,061.73 $8,463.87 $8,888.53 $9,332.27
$92,123.20 $96,740.80 $101,566.40 $106,662.40 $111,987.20 41 Administrative Services Officer $36.35 $38.17 $40.08 $42.08 $44.19 $6,300.67 $6,616.13 $6,947.20 $7,293.87 $7,659.60
$75,608.00 $79,393.60 $83,366.40 $87,526.40 $91,915.20
51 Public Works Superintendent $46.54 $48.86 $51.31 $53.87 $56.57 (Adopted Dec. 2020) $8,066.93 $8,469.07 $8,893.73 $9,337.47 $9,805.47 $96,803.20 $101,628.80 $106,724.80 $112,049.60 $117,665.60 57 Police Chief $53.97 $56.67 $59.50 $62.48 $65.60
$9,354.80 $9,822.80 $10,313.33 $10,829.87 $11,370.67
$112,257.60 $117,873.60 $123,760.00 $129,958.40 $136,448.00 Exhibit A

CITY OF ANGELS

CITY COUNCIL
Resolution #22-19

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ANGELS,

ADOPTING THE ANGELS CAMP EXEMPT EMPLOYEES

MEMORANDUM OF UNDERSTANDING
WHEREAS, the Exempt Employees members have met and conferred; and WHEREAS, the Exempt Employees has approved the attached 2-year Memorandum of Understanding beginning May 22, 2022 through June 30, 2024.

NOW, THEREFORE, BE IT RESOLVED, that the City of Angels, City Council does hereby approve the Memorandum of Understanding between the City and the Exempt Employees, as set forth in Attachment A, which is attached hereto and made a part hereof.

PASSED AND ADOPTED this 17th day of May 2022, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________________
Alvin Broglio
Mayor
ATTEST:
___________________________
Rose Beristianos
City Clerk

HOME OF THE JUMPING FROG
City of Angels Council Meeting
MAY 17, 2022 REGULAR AGENDA 7.H
H. Discussion of Financial Review April, 2022, Rebecca Callen, City Administrator _____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: May 17, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION OF FINANCIAL REVIEW APRIL 2022

RECOMMENDATION
County Administrator Financial Review and Council Discussion of Revenue and Expenditures through April 2022.

BACKGROUND
Monthly financial review covering budget to actual of operations.

DISCUSSION
The focus of this financial review encompasses budget units and funds under the control of the City Council. Funds held in a fiduciary capacity are not part of this review.

April marks the 10th month of the fiscal year where revenues and expenses should be roughly 83% of the budgeted amount. A review using that threshold was done for all transactions through April 30, 2022.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 010 - General Fund
3,459,493.10
300 - Sewer O&M
2,496,889.25
350 - Water O&M
1,440,258.29
139 - Transportation
Projects
603,337.00
Other Special
Revenue Funds
1,277,449.61

REVENUE BY FUND
010 - General Fund,
2,871,374.61
300 - Sewer O&M,
1,113,851.48
350 - Water O&M,
1,163,348.92
139 - Transportation
Projects,
1,641,075.11
Other Special
Revenue Funds,
852,497.61

EXPENSES BY FUND

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Overall, the City Funds (inclusive of Transfers In) revenues are at 58.54% while expenses are only 56.99% of budget.

Notable points are as follows:

General Fund
The General Fund is where the primary operations of the City occur for Police, Fire, Administration, Finances, Building, and Planning.

Revenues $3,459,493
Expenses $2,871,374
Net $588,119
Revenues are 75.99% for the year, or 7.01% lower than anticipated for this period of the fiscal year. The major contributors to this are:
• We won’t see the other half of Motor Vehicle In-Lieu from the County until June, April Property Tax distribution will be posted in May, and Franchise fees are the same.

Expenses are 64.25% for the year or 18.75% under budget for this period of the year. The main contributing factor is savings in overall Salaries for permanent, part time, and lower than anticipated outside consultant costs to date.

Transportation Projects
This fund includes Project funding from RSTP, CMAQ, ATP, HSIP, HIP and SB1 sources. Specifically, the Sidewalk Project has ramped up and reimbursement claims are currently being spent. The negative amount shown is merely a cashflow consideration that will be cleared upon receipt of the funding pieces.

Revenues $603,337
Expenses $1,641,075
Net $(1,037,738)
This fund includes Project funding from RSTP, CMAQ, ATP, HSIP, HIP and SB1 sources. Specifically, the Sidewalk Project has ramped up and reimbursement claims are currently being spent. The negative

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 amount shown is merely a cashflow consideration that will be cleared upon receipt of the funding pieces.

Staff are working on getting claims submitted through CCOG. Engineering is working with staff and Caltrans to reconcile all of the invoices and submit for payment.

Sewer Operations and Management
Just as the title suggests, operations and management associated with Wastewater occurs here. Overall revenues are 106.16% while expenses are 61.49%.
• Rate revenue is slightly down from the prior year actuals. However, in terms of budget, the current trend is projected to exceed budget by $400,000 overall • Salary savings and other service costs are trending lower than budgeted Water Operations and Management
Just as the title suggests, operations and management associated with Water Distribution occurs here.

Overall revenues are 91.67% while expenses are 70.90%.
• Just as with wastewater rates, water rate revenue is slightly down from the prior year trends.

However, it is trending higher than budget by 2% or $30,000. • Utility Late Fees, Door Hanger Fees, and Restoration fees have not been charged this entire year. • Some projects are being deferred due to late start in getting staffing hired The other City Special Revenue funds are trending as normal.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 The top departmental expenditures are from Police, which is at 68% of budget, GF Grant Projects which is at 42.89% of budget, and Finance and Administration which is at 77% of budget. It is important to note that Insurance is paid at the beginning of the year in the Finance and Administration budget.

All Departments are within the budget threshold of 83% of Expenses.

As noted above, the revenue associated with grant funded projects is awaiting receipt. As such, the General GF Grant Department is at 18.25% of budgeted revenue.

Staff were just given the budget instructions and worksheet for 2022-23 Budget Development. Budget is being reviewed by staff based on Departmental submittals. Additionally, the Finance Director is working with RAMs to work through the cutover to internal accounting processes and additional postings and corrections will be handled as part of the closing process.

Budget Hearings are projected to occur on June 7, 2022 with adoption on June 21, 2022.

FINANCIAL IMPACT
None at this time
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
1,800,000
Building & Planning…
Calaveras Visitor…
CalFire Strike Team
CDBG Grants
City Attorney
City Engineer
City Officials
Community Support
Finance & General…
Fire Department
Gas Tax
General GF Grants
Museum
Parks
Police Department
Public Works General
Sewer Capital…Sewer Capital…
Sewer Collection…
Sewer Debt Service
Sewer O&M
State Highway Street…
Transportation Projects
Water Capital…Water Capital…
Water Debt Service
Water Distribution
Water O&M
Expenses By Departments
City of Angels Council Meeting
MAY 17, 2022 CORRESPONDENCE 10.A
A. Greenhorn Greek Landscape and Lighting District, Richard Gutierrez _____________________________________________________________________