Agenda packet — Angels Camp City Council, July 19, 2022

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

AMENDED CITY OF ANGELS

CITY COUNCIL AGENDA
July 19, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS ARE RECOMMENDED FOR ATTENDEES.

In person public attendance will be available with limited seating. Seats are available on a first come, first served basis. Members of the public shall have the right to observe and offer public comment at the appropriate time. To view or participate in the meeting online, please use the following link:

Google Meet joining info
Video call link: https://meet.google.com/bfn-ezik-fue
Or dial: (US) + 1 630-634-5291 PIN: 858 431 338#
CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

The numerical order of the items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Council Members. All questions shall be directed to the Mayor who, at his/her discretion, will refer to Staff.

Mayor Alvin Broglio Vice Mayor Jennifer Davis-Herndon
Council Members Gretel Tiscornia, Isabel Moncada, Caroline Schirato City Administrator Rebecca Callen City Attorney Doug White 5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENT (Closed Session Agenda Items Only)
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

3. ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiators,
Property: APN: 060-014-001
Agency Negotiator: Rebecca Callen, City Administrator; Douglas L. White, City Attorney Negotiating Parties: Wilmshurst Richard E Estate of Trustee Under Negotiation: Price and Terms of Payment

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 B. Conference with Labor Negotiators (Gov’t Code Section 54957.6) Agency Designated Representative: Rebecca Callen, City Administrator Employee Organization: Angels Camp Police Officers Association 6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Real Property Negotiators,
Property: APN: 060-014-001
Agency Negotiator: Rebecca Callen, City Administrator; Douglas L. White, City Attorney Negotiating Parties: Wilmshurst Richard E Estate of Trustee Under Negotiation: Price and Terms of Payment
B. Conference with Labor Negotiators (Gov’t Code Section 54957.6) Agency Designated Representative: Rebecca Callen, City Administrator Employee Organization: Angels Camp Police Officers Association

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)

5. PUBLIC COMMENT
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

6. CONSENT AGENDA
A. Approval of June 21, 2022, Draft Minutes, Rose Beristianos, City Clerk B. Approval of July 5, 2022, Draft Minutes, Rose Beristianos, City Clerk C. Acceptance of the June 30, 2020 and June 30, 2021 Transportation Development Act Fund Audit, Rebecca Callen, City Administrator
D. Approve the Utica Water and Power Authority (UWPA) Water Supply Agreement, Rebecca Callen, City Administrator
E. Approval of Agreement for Dispatch Services Between Calaveras County and the City of Angels for Angels Police Dispatch Services for a period of July 1, 2022 through June 30, 2025, Rebecca Callen, City Administrator F. Monthly AP Checks Issued for June 2022, Michelle Gonzalez, Finance Director

7. REGULAR AGENDA
A. PUBLIC HEARING: Ordinance 527, the Second Reading, hold a Public Hearing, adding the City of Angels Municipal Code Section 9.01, Incorporating Police Acquisitions and use of “Military Equipment” in Accordance with State Law, Chief Ellis
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 B. Sale of a Portion of City Property (APN: 58-015-011) to the Mariposa, Amador, Calaveras, Tuolumne (MACT) Health Board, Amy Augustine, City Planner
C. Abatement Approval of One (1) Parcel, APN: 058-064-005, Lot #288, Greenhorn Creek Subdivision Angels Camp, CA 95222, in Violation of Chapter 8.10 City of Angels Camp Municipal Code Abatement of Weeds and Rubbish, Nate Pry, Fire Marshal/Deputy Chief

8. ADMINISTRATION REPORT

9. COUNCIL REPORT

10. CORRESPONDENCE
A. News and Notes the Week of June 20, 2022
B. News and Notes the Week of June 27, 2022
C. News and Notes the Week of July 4, 2022

11. CALENDAR

12. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall 209-736-2181. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II) Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection at City Hall at 200 Monte Verda Street Ste. B, Angels Camp, CA 95222 during normal business hours. The Agenda is also available on line at www.angelscamp.gov.

City of Angels Council Meeting
JULY 19, 2022 CONSENT AGENDA: A

A. Approval of June 21, 2022, Draft Minutes, Rose Beristianos, City Clerk ___________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

DRAFT MINUTES CITY OF ANGELS

CITY COUNCIL AGENDA
June 21, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS ARE RECOMMENDED FOR ATTENDEES.

Google Meet joining info
Video call link: https://meet.google.com/bfn-ezik-fue
Or dial: (US) +1 630-634-5291 PIN: 858 431 338#
CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

Mayor ABSENT Alvin Broglio Vice Mayor (PRESENT) Jennifer Davis-Herndon Council Members Gretel Tiscornia (PRESENT) , Isabel Moncada (PRESENT) , Caroline Schirato (ABSENT) City Administrator (PRESENT) Rebecca Callen City Attorney (ABSENT) Doug White 5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENT - NONE

3. ADJOURN TO CLOSED SESSION
A. Conference with Legal Counsel – Potential Litigation Pursuant to Government Code Section 53069.85
Liquidated Damages
B. Conference with Real Property Negotiators,
Property: APN: 060-014-001
Agency Negotiator: Rebecca Callen, City Administrator; Douglas L White, City Attorney Negotiating Parties: Wilmshurst Richard E Estate of Trustee Under Negotiation: Price and Terms of Payment

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Legal Counsel – Potential Litigation Pursuant to Government Code Section 53069.85
Liquidated Damages
B. Conference with Real Property Negotiators,
Property: APN: 060-014-001
Agency Negotiator: Rebecca Callen, City Administrator; Douglas L. White, City Attorney Under Negotiation: Prince and Terms of Payment

DIRECTION GIVEN TO STAFF

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: ITEMS PULLED/TABLED 7 C,D,E,F AND J DUE TO ABSENT COUNCIL MEMBERS, COUNCIL MEMBER

MONCADA MOTIONED TO APPROVE THE AGENDA AS AMENDED, SECONDED BY COUNCIL MEMBER TISCORNIA, AND PASSED 3 YES, 2 ABSENT

5. PUBLIC COMMENT - NONE

6. CONSENT AGENDA
A. Approval of June 7th, 2022 Regular Meeting Draft Minutes B. Adopt Resolution No. 22-27, Appointing the Finance Director to Serve as the City Treasurer, Rebecca Callen, City Administrator
C. Approve Purchase Authorization for Equipment and Installation for Coneth, Rebecca Callen, City Administrator
D. Approval of Contract Award to CSG, for Building Official/Inspector Services, for a period of July 1, 2022 through June 30, 2025, Rebecca Callen, City Administrator E. Approve a Five Thousand ($5000) dollar Task Order for Augustine Planning Associates, Inc. for Assisting Affordable Housing using SB2 Funds, Amy Augustine, City Planner F. Monthly AP Checks Issued May, Michelle Gonzalez, Finance Director ACTION: MOTION TO APPROVE THE CONSENT AGENDA BY COUNCIL MEMBER MONCADA, SECONDED BY VICE MAYOR HERNDON, AND PASSED 3 YES, 2 ABSENT

7. REGULAR AGENDA
A. Discussion and Direction, Annual Fee Adjustment for Police, Fire, Parks and Traffic Impact Mitigation Fees, Amy Augustine, City Planner
ACTION: MOTION TO APPROVE A 4.9% INCREASE ACROSS THE BOARD BY COUNCIL MEMBER TISCORNIA, SECONDED BY COUNCIL MEMBER MONCADA, AND PASSED 3 YES, 2 ABSENT B. Discussion, City of Angels Financial Statements Fiscal Year End June 30, 2021 and Management Response to June 30, 2021 Management Letter, Rebecca Callen, City Administrator – DISCUSSED, NO COMMENTS C. PULLED/TABLED Approval of Contract and Scope of Work with Destination Angels Camp (DAC), 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 D. PULLED/TABLED Approval of Resolution No. 22-28, Fiscal Year 2022-23 Final Budget, Rebecca Callen, City Administrator
E. PULLED/TABLED Discussion and Direction of Suspension of Water and Wastewater Charges, Rebecca Callen.

City Administrator
F. PULLED/TABLED Approval of Resolution No. 22-31, Delinquent Collections for Water and Wastewater Services and Fees, Rebecca Callen, City Administrator
G. Discussion Water Conservation Update, Rebecca Callen, City Administrator -DISCUSSED, NO COMMENTS H. Discussion of Financial Review May 2022, Rebecca Callen, City Administrator – DISCUSSED, NO COMMENTS I. Discussion and Direction for Fireworks space at Bret Harte High School, Rebecca Callen, City Administrator

PUBLIC COMMENTED DID NOT COME UP TO THE PODIUM

COUNCIL CHOSE NOT TO HOST AN EVENT AT BRET HARTE HIGH SCHOOL J. PULLED/TABLED Approval of Employment Agreement with Rebecca Callen, City Administrator

8. ADMINISTRATION REPORT - GIVEN

9. COUNCIL REPORT – COUNCIL REPORTED OUT

10. CORRESPONDENCE
A. News and Notes May 30, 2022
B. News and Notes June 6, 2022

11. CALENDAR – CLERK EMAILED TO COUNCIL

12. ADJOURNMENT
RECONVINED TO CLOSED SESSION AT 7:06PM

REPORT OUT OF CLOSED SESSION, DIRECTION GIVEN TO STAFF
ACTION: MOTION TO ADJOURN THE MEETING AT 7:28PM BY COUNCIL MEMBER MONCADA, SECONDED BY VICE MAYOR HERNDON, AND PASSED 3 YES, 2 ABSENT
_____________________________
Alvin Broglio, Mayor
_______________________
Rose Beristianos, City Clerk
City of Angels Council Meeting
JULY 19, 2022 CONSENT AGENDA: B

B. Approval of July 5, 2022, Draft Minutes, Rose Beristianos, City Clerk ___________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

DRAFT MINUTES CITY OF ANGELS

CITY COUNCIL AGENDA
July 5, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS ARE RECOMMENDED FOR ATTENDEES.

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

Mayor (PRESENT) Alvin Broglio Vice Mayor (PRESENT) Jennifer Davis-Herndon Council Members Gretel Tiscornia (PRESENT) , Isabel Moncada (PRESENT) , Caroline Schirato (ABSENT) City Administrator Rebecca Callen (PRESENT) City Attorney Doug White Debra H. Vierra (PRESENT) 6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: MOTION TO APPROVE THE AGENDA AS POSTED BY VICE MAYOR HERNDON, SECONDED BY COUNCIL MEMBER MONCADA, AND PASSED 4 YES 1 ABSENT

4. PUBLIC COMMENT - NONE

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

5. CONSENT AGENDA
A. Adopt Resolution No. 22-36, Authorizing the City to Continue a Hybrid Virtual Meeting Environment, Mayor and City Council, Rose Beristianos, City Clerk
B. Adopt Resolution No. 22-34, Approving Contract Extension for Augustine Planning Associates, Inc for City Planning Services through July 1, 2023, Rebecca Callen, City Administrator C. Adopt Resolution No. 22-32, Amending Community Development Block Grant (CV-1), Allocation for Small Business Programs to Support Security Measures in Conjunction with Installing a Generator at the Utica Park Kitchen and for Emergency Signage, Amy Augustine, City Planner D. Adopt Resolution No. 22-33, Amending Community Development Block Grants (CV-2/3), Allocation for Microenterprise Loans and Grants to Instead Increase the Budget for Utica Park Kitchen Improvements and to Construct New ADA Bathrooms in Support of the Commercial Kitchen, Any Augustine, City Planner E. Adopt Resolution No. 22-35, A List of Projects for Fiscal Year 2022-23 Funded by SB1: The Road Repair and Accountability Act of 2017, Rebecca Neilon, Engineering Department F. Adopt Resolution No. 22-37, Authorizing the City Administrator to Execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and Fund transfer Agreements Between the City of Angels and the California Department of Transportation, Rebecca Callen, City Administrator G. Discussion and Direction for City of Angels Involvement and Representation in Eastern Sierra Region (CERF), Rebecca Callen, City Administrator
ACTION: MOTION TO APPOVE THE CONSENT AGENDA BY COUNCIL MEMBER MONCADA, SECONDED BY MAYOR BROGLIO, AND PASSED 4 YES, 1 ABSENT

6. REGULAR AGENDA
A. PUBLIC HEARING: Ordinance 527, Waive the First Reading, hold a Public Hearing, and Set July 19, 2022, for a Second Public Hearing, adding the City of Angels Municipal Code Section 9.01, Incorporating Police Acquisitions and use of “Military Equipment” in Accordance with State Law, Chief Ellis I. Receive Staff Report -GIVEN
II. Open Public Hearing - OPENED
III. Receive Public Comment - NONE
IV. Close Public Hearing – CLOSED, SET JULY 19, 2022 FOR SECOND HEARING B. Approval of Resolution No. 22-28, Fiscal Year 2022-23 Final Budget, Rebecca Callen, City Administrator ACTION: MOTION TO APPROVE RESOLUTION NO. 22-28 BY VICE MAYOR HERNDON, SECONDED BY MAYOR BROGLIO, AND PASSED 4 YES, 1 ABSENT
C. Discussion and Direction of Suspension of Water and Wastewater Charges, Rebecca Callen, City Administrator –

DISCUSSION
PUBLIC COMMENT – OLGA MONCADA EXPRESSED HER CONCERNS, BOB DEBOLD EXPRESSED HIS

CONCERNS
DISCUSSION, STAFF TO POST LEGAL NOTICE AND BRING BACK TO COUNCIL ON AUGUST 2, 2022 FOR THE

FIRST HEARING
D. Approval of Resolution No. 22-31, Delinquent Collections for Water and Wastewater Services and Fees, Rebecca Callen, City Administrator
ACTION: MOTION TO APPROVE RESOLUTION NO. 22-31 BY COUNCIL MEMBER TISCORNIA, SECONDED BY VICE MAYOR HERNDON, AND PASSED 4 YES, 1 ABSENT
E. Approval of Employment Agreement with Rebecca Callen, City Administrator ACTION: MOTION TO APPROVE EMPLOYEMENT AGREEMENT BY VICE MAYOR HERNDON, SECONDED BY COUNCIL MEMBER TISCORNIA, AND PASSED 4 YES, 1 ABSENT

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 F. Discussion and Award of Contract to Dewberry Engineers, Inc. for Engineering Services for a Term of July 6th, 2022, through June 30th, 2025, Rebecca Callen, City Administrator ACTION: MOTION TO APPROVE ENGINEER CONTRACT WITH DEWBERRY BY MAYOR BROGLIO, SECONDED BY COUNCIL MEMBER TISCORNIA, AND PASSED 4 YES, 1 ABSENT

7. ADMINISTRATION REPORT – GIVEN

8. COUNCIL REPORT – COUNCIL PROVIDED REPORT

9. CORRESPONDENCE
A. News and Notes the Week of June 13, 2022
B. Letter from Ricard Gutierrez, Regarding the Greenhorn Creek Landscape and Lighting District (LLD) No. 2 Engineers Report

10. CALENDAR – CLERK EMAILED

11. ADJOURNMENT
ACTION: MOTION TO ADJOURN THE MEETING AT 7:35PM BY COUNCIL MEMBER MONCADA, SECONDED BY VICE MAYOR HERNDON, AND PASSED 4 YES, 1 ABSENT
_____________________________
Alvin Broglio, Mayor
_________________________
Rose Beristianos, City Clerk
City of Angels Council Meeting
JULY 19, 2022 CONSENT AGENDA: C

C. Acceptance of the June 30, 2020 and June 30, 2021 Transportation Development Act Fund Audit, 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: July 19, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: ACCEPTANCE OF THE JUNE 30,2020, AND JUNE 30, 2021 TRANSPORTATION DEVELOPMENT ACT FUND AUDIT.

RECOMMENDATION
Discuss and accept the Audited Financial Statements, Compliance Report, and Management Letter for the fiscal years of June 30, 2020, and June 30, 2021.

BACKGROUND
The City of Angels is required to have funds received through Transportation Development Act Fund audited. Local Transportation Funds (LTF) claimed through the Calaveras Council of Governments (CCOG) trigger this requirement.

DISCUSSION
The City of Angels claimed $44,589 in the 2019/20 fiscal year and $41,454 in the 2020/21 fiscal year. $20,000 was used in year one, and $30,000 was used in year 2. LTF can be utilized for road-related expenditures on city-maintained roads. Neither audit started or was completed when the City Administrator came on in February 2022. The City Administrator immediately began gathering financial information to support the $50,000 expenditures. The Finance Director finalized the last pieces to have Richardson and Company issue a draft report.

As of June 30, 2021, the City still has $36,356 within our treasury to apply toward road projects, and now that the audits have been completed can request additional funds for $27,881. These can be used for projects in the 2022/23 fiscal year.

The Management Letter identified material issues related to the accounting of the expenditures, which the City Administrator agreed with. To address that issue, any expenses associated with LTF funds will be accounted for in the project management system and used as a backup for the transfer.

Additionally, the Annual Street Report for 2019/20 was filed late, and the signature page for the 2020/21 report was not retained. To address that, the city Administrator has agreed to better organization of audit and state reporting documents.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

FINANCIAL IMPACT
There are none at this time.

Attachments:

TDA AFS
Management Letter

CITY OF ANGELS

TRANSPORTATION DEVELOPMENT ACT FUND
Audited Financial Statements
and Compliance Report
June 30, 2021 and 2020

CITY OF ANGELS

TRANSPORTATION DEVELOPMENT ACT FUND
Audited Financial Statements
and Compliance Report
June 30, 2021 and 2020
Audited Financial Statements
Independent Auditor’s Report ....................................................................................................................................... 1 Balance Sheets ............................................................................................................................................................... 3 Statements of Revenues, Expenditures and Changes in Fund Balance.......................................................................... 4 Notes to Financial Statements ....................................................................................................................................... 5 Compliance Report
Independent Auditor’s Report on Compliance with the Transportation Development Act ........................................... 7 550 Howe Avenue, Suite 210
Sacramento, California 95825
Telephone: (916) 564-8727
FAX: (916) 564-8728
1 INDEPENDENT AUDITOR’S REPORT
To the City Council
City of Angels, California
Report on the Financial Statements
We have audited the accompanying financial statements of the Transportation Development Act Fund (the Fund) of the City of Angels (the City), as of and for the years ended June 30, 2021 and 2020, and the related notes to the financial statements, as listed in the table of contents.

Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

Auditor’s Responsibility
Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion.

An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Opinion
In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Transportation Development Act Fund of the City of Angels as of June 30, 2021 and 2020, and the changes in financial position thereof for the years then ended in accordance with accounting principles generally accepted in the United States of America.

To the City Council
City of Angels, California
2 Emphasis-of-Matter
As discussed in Note B, the financial statements present only the Transportation Development Act Fund of the City of Angels and do not purport to, and do not, present fairly the financial position of the City of Angels as of June 30, 2021 and 2020, the changes in financial position, or where applicable, its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Other Matters
Required Supplementary Information
Management has omitted management’s discussion and analysis and budgetary comparison information that accounting principles generally accepted in the United States of America require to be presented to supplement the financial statements. Such missing information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. Our opinion on the financial statements is not affected by this missing information.

Other Reporting Required by the Transportation Development Act In accordance with the Transportation Development Act, we have also issued our report dated June 30, 2022 on our consideration of the City’s compliance with the Transportation Development Act. The purpose of that report is to describe the scope of our testing of compliance and the results of that testing, and not to provide an opinion on compliance. That report is an integral part of an audit performed in accordance with the Transportation Development Act in considering the City’s compliance.

June 30, 2022
2021 2020
ASSETS
Cash and investments $ 24,722 36,356 $
TOTAL ASSETS 36,356 $ 24,722 $

FUND BALANCE
Restricted for streets and road projects 36,356 $ 24,722 $ TOTAL FUND BALANCE 36,356 $ 24,722 $
The accompanying notes are an integral part of these financial statements.

CITY OF ANGELS

TRANSPORTATION DEVELOPMENT ACT FUND

BALANCE SHEETS
As of June 30, 2021 and 2020
3 2021 2020

REVENUES
Local Transportation Funds:

Streets and roads projects 41,454 $ 44,589 $
Interest 133 180
TOTAL REVENUES 41,634 44,722
EXCESS OF REVENUES OVER EXPENDITURES 41,634 44,722

OTHER FINANCING USES
Transfers out - streets and roads projects 30,000 20,000 NET CHANGE IN FUND BALANCE 11,634 24,722
Fund balance at beginning of year 24,722
FUND BALANCE AT END OF YEAR 36,356 $ 24,722 $
The accompanying notes are an integral part of these financial statements.

For the Years Ended June 30, 2021 and 2020

CITY OF ANGELS

TRANSPORTATION DEVELOPMENT ACT FUND

STATEMENTS OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE
4 CITY OF ANGELS

TRANSPORTATION DEVELOPMENT ACT FUND

NOTES TO FINANCIAL STATEMENTS
June 30, 2021 and 2020
5 NOTE A – ORGANIZATION
The City of Angels (the City) receives funds under the provisions of the Transportation Development Act (TDA) from the Calaveras Council of Governments Local Transportation Fund (LTF) under Article 8, Section 99400(a) for local streets and roads and pedestrian and bicycle projects. The funds provided under Article 8 represent amounts available after the determination by the Calaveras Council of Governments (the Council), the transportation planning agency administering TDA funds, of amounts needed to meet the unmet transportation needs of the City.

The funds received by the City are accounted for within the City of Angels’ Local Transportation Fund, which are reflected in these financial statements of the Transportation Development Act Fund.

NOTE B – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Presentation: The financial statements of the Transportation Development Act Fund (the Fund) of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles.

Reporting Entity: The financial statements are intended to present the financial position and results of operations of only those transactions recorded in the Fund. The Fund is included in the financial statements of the City.

Fund Accounting: The accounts of the City are organized on the basis of funds. A fund is an accounting entity with a self-balancing set of accounts established to record the financial position and results of operations of a specific governmental activity.

The City utilizes the special revenue fund type of the governmental fund group to account for the activities of the Fund. Special revenue funds are used to account for the proceeds of specific revenue sources that are legally restricted to expenditures for specific purposes.

Basis of Accounting: The accounting and financial reporting treatment applied to a fund is determined by its measurement focus. A special revenue fund is accounted for using a current financial resources measurement focus.

With this measurement focus, only current assets and current liabilities generally are included on the balance sheet.

Operating statements of these funds present increases (i.e., revenues and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets.

The modified accrual basis of accounting is used by special revenue funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual, i.e., when they become both measurable and available. “Measurable” means the amount of the transaction can be determined and “available” means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period, which is generally 60 days. LTF revenues are recognized when all eligibility requirements have been met. Expenditures are recorded when the related fund liability is incurred.

When both restricted and unrestricted resources are available for use, it is the City’s policy to use restricted resources first, then unrestricted resources as they are needed.

Fund Balance: Restrictions of fund balance represent amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers or through enabling legislation. The restrictions of fund balance are according to the provisions of the Transportation Development Act and the purpose of each restriction is indicated by the account title on the face of the balance sheets.

CITY OF ANGELS

TRANSPORTATION DEVELOPMENT ACT FUND
NOTES TO FINANCIAL STATEMENTS (Continued)
June 30, 2021 and 2020
6 NOTE C – CASH AND INVESTMENTS
Investment policy: The Fund’s investment policy may be found in the notes to City’s basic financial statements.

Investment in the City Investment Pool: The Fund’s cash is held in the City Treasury. The City maintains an investment pool and allocates interest to the various funds based upon the average cash balances. Investments held in the City’s investment pool are available on demand and are stated at cost, which approximates fair value.

Interest rate risk: Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. As of June 30, 2021 and 2020, the weighted average maturity of the investments contained in the City investment pool was approximately 291 and 191 days, respectively.

Credit Risk: Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The City’s investment pool does not have a rating provided by a nationally recognized statistical rating organization.

Custodial credit risk: Custodial risk is the risk that the government will not be able to recover its deposits on the value of its investments that are in the possession of an outside party. Custodial credit risk does not apply to a local government’s indirect deposits or investment in securities through the use of government investment pools such as the City’s investment pool.
550 Howe Avenue, Suite 210
Sacramento, California 95825
Telephone: (916) 564-8727
FAX: (916) 564-8728
7 INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE WITH

THE TRANSPORTATION DEVELOPMENT ACT
To the City Council
City of Angels, California
We have audited, in accordance with auditing standards generally accepted in the United States of America, the financial statements of the Transportation Development Act Fund of the City of Angels (the City), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated June 30, 2022.

Compliance
As part of obtaining reasonable assurance about whether the City’s financial statements are free of material misstatement, we performed tests to determine that Transportation Development Act (TDA) funds allocated to and received by the City were expended in conformance with the applicable statutes, rules and regulations of the TDA and Section 6666 of the California Code of Regulations. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under the TDA.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of compliance and the results of that testing, and not to provide an opinion on compliance. This report is an integral part of an audit performed in accordance with the TDA in considering the entity’s compliance. Accordingly, this communication is not suitable for any other purpose.

June 30, 2022
550 Howe Avenue, Suite 210
Sacramento, California 95825
Telephone: (916) 564-8727
FAX: (916) 564-8728

MANAGEMENT LETTER
To the City Council and Management
City of Angles
City of Angles, California
In planning and performing our audit of the financial statements of the Transportation Development Act Fund (the Fund) of the City of Angels (the City) as of and for the years ended June 30, 2021 and 2020, in accordance with auditing standards generally accepted in the United States of America, we considered the City’s internal control over financial reporting (internal control) over the Fund as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis.

Our consideration of internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses. Given these limitations during our audit, we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

During our audit, we became aware of the following matters that have been included for your consideration:

Documentation of Expenditures
The Fund had transfers out to the General Fund during the years ended June 30, 2021 and 2020 without having an easy to navigate audit trail documenting the expenditures the transfers out were used to fund.

We recommend the City post qualifying expenditures directly in the Fund in the future by coding a percentage of qualifying invoices or payroll directly in the Fund’s general ledger to simplify the audit process.

State Controller’s Report
The City’s fiscal year 2000 Annual Street Report filed with the State Controller’s Office was not filed by the December 1, 2020 deadline. We recommend the City file this report by the filing deadline in the future.

We noted the fiscal year 2021 report was transmitted by the December 1, 2021 deadline, but were unable to obtain the signed cover page or electronic signature confirmation. The signed cover page must be submitted or the report must be signed electronically by December 1, 2021 for the Street Report to be considered filed on time. We recommend the signed cover page or electronic submission confirmation be retained in the future as evidence of timely filing.

To City Council and Management

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* * * * * *
This communication is intended solely for the information and use of the City Council, management, the Calaveras Council of Governments and others within the City, and is not intended to be, and should not be, used by anyone other than these specified parties.

June 30, 2022
City of Angels Council Meeting
JULY 19, 2022 CONSENT AGENDA: D

D. Approve the Utica Water and Power Authority (UWPA) Water Supply Agreement, 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: July 19, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVAL OF THE UTICA WATER AND POWER AUTHORITY (UWPA) WATER SUPPLY AGREEMENT.

RECOMMENDATION
Approve the Utica Water and Power Authority (UWPA) Water Supply agreement.

BACKGROUND
UWPA is a Joint Powers Authority that owns and operates the Utica and Angels hydroelectric projects, conveys untreated water to the City of Angels, and supplies irrigation water directly to consumers within its service area. The City of Angels and the Union Public Utility District are the two members of the JPA.

DISCUSSION
The City of Angels included a $1.00 fee per customer bill and passed those contributions to UWPA.

When the City of Angels conducted the 2019 Rate Study, the UWPA fee was changed to match the annual required contribution for Operations, Maintenance, Capital, and Reserve funding. Additionally, the per-customer charge would be further leveraged against the water year, changing the hydroelectric revenue that could be received in any given year. Water year 1 is the highest revenue, whereas water year 6 would be the lowest.

Historically, the contribution to UWPA was a water sale and a JPA contribution. The makeup of this revenue source for UWPA hindered its financial picture and made it difficult to apply for loans or grants.

The UWPA Board, after several discussions with all JPA members, determined it was better to have all of the sources be deemed Sales revenue from the JPA members.

The contract has been reviewed by legal and defines the annual contribution as equal to an amount negotiated and adopted in the UWPA budget.

FINANCIAL IMPACT
There are none at this time.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Attachments:

COA Water Supply Agreement

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AGREEMENT FOR SALE AND DELIVERY OF WATER BETWEEN THE

UTICA WATER AND POWER AUTHORITY AND THE CITY OF ANGELS CAMP

BACKGROUND
A. The Utica Water and Power Authority (“UWPA”) is a Joint Powers Authority (JPA) that owns and operates the Utica and Angels hydroelectric projects, conveys untreated water to the City of Angels Camp (“City” or “COA”) and Union Public Utility District (“UPUD”) and), and supplies irrigation water directly to consumers within its service area. COA is an incorporated city that provides treated water to residential and untreated water to agricultural customers in and around the town of Angels Camp. COA and UPUD are the only two JPA member agencies of UWPA.

B. UWPA historically provided water to COA at no cost or a discounted rate for 18 years, between 1996 and 2014. Revenues from Utica’s two hydroelectric powerhouses was used to cover the costs identified in UWPA’s annual budgets, and to pay off the $2.2 million debt taken out to purchase the projects from Pacific Gas and Electric (PG&E) – the loan was paid off in 2016. Between 2014 and 2022, UWPA has received capital funding contributions from both UPUD and Angels Camp during drought years when hydropower revenues were low.

C. Due to costly regulatory compliance requirements, capital improvement projects, reserve contributions, increasing operations and maintenance costs, and to ensure a reliable water supply to JPA members, the UWPA Board has increased the rate charged for water supply and delivery. The amount the City of Angels pays for water is equal to the amount required of Union Public Utility District per a similar agreement, which is consistent with the member agencies’ co-equal financial obligations to UWPA under the Joint Powers Agreement. This includes delivery of up to 3,600-acre feet per year (AFY) for a lump-sum payment in accordance with this agreement.

TERMS OF WATER SUPPLY AND DELIVERY

1. Parties. This Agreement is between the Utica Water and Power Authority (“UWPA”) or “Supplier”), and the City of Angels Camp (“COA” or “Purchaser”). UWPA and COA may be individually referred to as a “Party,” or collectively referred to as the “Parties.”

2. Term. This Agreement shall continue in effect indefinitely until amended or terminated by mutual consent of the parties hereto.

3. UWPA’s Responsibilities
A. Maintenance and Operation: UWPA will continue to maintain and operate its water delivery and hydroelectric powerhouses in a responsible manner, subject to changes in consumptive water demands, Federal Energy Regulatory Commission (FERC) license conditions and UWPA Board of Directors budget approval. Nothing in this agreement restricts UWPA from upgrading or expanding its facilities.

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B. Water Supply: UWPA will supply up to 3,600 acre-feet per year (“AFY”) of untreated, non-potable water that COA will be allowed to divert at its two delivery points, the Water Treatment Plant at the Angels Forebay and the Finnegan Lane Pumping Plant that serves Greenhorn Creek during the fiscal year (July 1 thru June 30 annually). Provided, however nothing in this agreement shall require UWPA to supply and deliver water due to major conveyance system failure, “Act of God,” natural disaster, or other physical or regulatory event that impairs water delivery.

C. Operating Revenue: UWPA will deposit all water payments made pursuant to this Agreement into its operating revenue account.

D. Additional Water: Should COA require water in addition to the 3,600 acre feet described in Section 3.B, UWPA will wheel this additional water to COA, pending approval by the UWPA Board of Directors and providing there is sufficient capacity available in the system and it does not interfere with system maintenance or outages.

1. System Losses: COA acknowledges that approximately 5 percent of the water that enters UWPA’s system is undeliverable due to system conveyance losses from its source to delivery and UWPA will not absorb this loss for COA’s additional water. Accordingly, any water wheeled to COA will be less than the amount of additional water that COA obtains by that amount of water lost to delivery system inefficiencies, approximately 5%.

2. Additional Water Rights and Regulatory Compliance: UWPA is not responsible for any costs associated with obtaining, monitoring, accounting for, or reporting, any additional water rights or points of diversion, or any other costs associated with any additional water that COA acquires, including the maintenance and operation of monitoring devices. UWPA will not assume responsibility for any new points of diversion. UWPA only agrees to wheel additional water within the confinements of UWPA’s delivery system and the points of diversion existing on the system as of the effective date of this Agreement.

E. Emergency Water Supply: UWPA agrees that it will continue, as it has historically, to use the water stored in Hunters Reservoir and Ross Reservoir as an emergency backup supply to COA in the event of an outage of upstream facilities.

4. City of Angels’ Responsibilities
A. Water Payments and Accounting: COA will pay UWPA installments on the first day of each quarter (July 1, October 1, January 1, and April 1) that total in sum the “COA Water Sale” amount negotiated and adopted in UWPA’s fiscal year budget.

The Parties acknowledge that this payment is required regardless of the amount

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of water delivered and that there is no minimum water delivery requirement for payment.

B. Water Conservation Measures

1. UWPA’s water delivery restrictions: Water deliveries from UWPA are subject to the water available to UWPA by agreement. UWPA’s water deliveries are subject to the restrictions contained in “Attachment A” of the 1995 “Amended and Restated Agreement” between the Calaveras County Water District (“CCWD”) and the Northern California Power Agency (“NCPA”), which UWPA inherited from CCWD. Attachment A restricts UWPA’s water delivery according to the type of water year, as determined by the Department of Water Resources. There are six water years enumerated in Attachment A, as well as monthly variations. Water Year 1 is a normal to wet year and Water Year 6 is the driest year:
• Water Year 1: Full allocation = 43-50 CFS
• Water Year 2: 10 percent reduction = 38-45 CFS
• Water Year 3: 20 percent reduction = 34-40 CFS
• Water Year 4: 32 percent reduction = 26-36 CFS
• Water Year 5: 42 percent reduction = 24-31 CFS
• Water Year 6: 52 percent reduction = 19-26 CFS

2. COA’s Conservation Measures: COA will adopt a rate structure that incentivizes conservation as well as any other conservation strategies that may be required to comply with all applicable state requirements.

C. FERC License Assistance: The Parties agree that UWPA’s system, based on existing allocation of water availability, satisfies current local consumptive water needs in addition to providing a source of clean, renewable hydroelectric production. If requested, COA agrees to support UWPA’s efforts to secure additional water resources in order to meet future local water needs. And, if requested by UWPA, COA will support UWPA’s relicensing, exemption, decommissioning, or such other proposal(s) as determined by the UWPA Board of Directors to FERC as making the best comprehensive use of UWPA’s water entitlements from the North Fork Stanislaus River watershed.

5. Entire Agreement: This Agreement constitutes the sole agreement of the Parties with respect to the subject matter. It supersedes any prior written or oral agreements or communications between the Parties. It may not be modified except in a writing signed by the Parties. Each Party authorizes its Manager / Administrator to sign this agreement on behalf of their respective agency.

6. No Assignment: Neither Party may assign this Agreement without the other Party’s prior written consent, which may not be unreasonably withheld. A Party entering into contracts with subcontractors is not considered an assignment.

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7. Waiver: If either party fails to require the other to perform any term of this Agreement, that failure does not prevent the Party from later enforcing that term. If either party waives the other's breach of a term, that waiver does not constitute a waiver of a later breach of the term.

8. Successors and Representatives: This Agreement binds and inures to the benefit of the Parties and their respective successors and (where permitted) assignees.

9. Severability: If any part of this Agreement is for any reason held to be unenforceable, the rest of it remains fully enforceable.

10. Headings: Headings are for convenience only and do not affect the interpretation of this agreement.

11. Counterparts: This Agreement may be signed in counterparts, each one of which is considered an original, but all of which constitute the same instrument.

For Utica Water and Power Authority
Signature: ____________________________________ Date: ____________________ Joel Metzger, General Manager
For City of Angels Camp
Signature: ____________________________________ Date: ____________________ Rebecca Callen, City Administrator
ATTEST:

PASSED AND ADOPTED by the Board of Directors of Utica Water and Power Authority, this ____day of __________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________________

Page 5 of 5 ends

UWPA
Clerk of the Board
PASSED AND ADOPTED by the City Council of the City of Angels Camp, this ____day of __________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________________
COA
City Clerk
City of Angels Council Meeting
JULY 19, 2022 CONSENT AGENDA: E

E. Approval of Agreement for Dispatch Services Between Calaveras County and the City of Angels for Angels Police Dispatch Services for a period of July 1, 2022 through June 30, 2025, 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: July 19, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVAL OF AGREEMENT FOR DISPATCH SERVICES BETWEEN CALAVERAS COUNTY

AND THE CITY OF ANGELS FOR ANGELS POLICE DISPATCH SERVICES FOR THE PERIOD OF JULY 1, 2022, THROUGH JUNE 30, 2025

RECOMMENDATION
Approve the Municipal Services Agreement between the County of Calaveras and the City of Angels.

BACKGROUND
The Calaveras County Sheriff Dispatch department has been providing dispatch services for several years.

Due to the 24x7 requirements for dispatch needs throughout the City, the Sheriff’s Department has the dedicated resources to provide continuous service to the City.

DISCUSSION
The contract amount is based on the inflator using the Consumer Price Index-All Urban consumers (CPIU, San Francisco-Oakland Hayward, CA Area. Based on the most recent factor, the annual contract for the fiscal year 2022-23 is $188,513.80. This amount was included in the City budget.

The last contract period was July 1, 2019, through June 30, 2022.

FINANCIAL IMPACT
Costs are already included in the budget.

Attachments:

ACPD Dispatch Contract
0330‐21‐02‐00

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MUNICIPAL SERVICES AGREEMENT

BETWEEN THE COUNTY OF CALAVERAS AND

THE CITY OF ANGELS CAMP
This Municipal Law Enforcement Services Agreement (“Agreement”) is entered into this 1st day of July, 201 by the County of Calaveras (“County”) and the City of Angels Camp (“City”).

RECITALS
Whereas the City wishes to contract with the County for the performance of dispatch services by the Calaveras County Sheriff’s Office (Sheriff; and
Whereas, the County agrees to provide dispatch services on the terms and conditions set forth in this Agreement; and
Whereas, local agencies may contract with another local agency for municipal services per California Government Code §54981; and.

Whereas, dispatch services are police services as defined in California Government Code §54980 Therefore in consideration of the mutual covenants and consideration set forth below, the parties mutually agree as follows:

1.0 Scope of Services

1.1 The County agrees, through the Sheriff’s Office, to provide dispatch services to the City, located within the incorporated jurisdiction of the City of Angels Camp in Calaveras County, California.

1.2 The Sheriff, or the Sheriff’s designee, on behalf of the County, shall have exclusive discretion to determine dispatch staffing levels and schedules for the services to be performed under this agreement.

1.3 The Sheriff’s Office, on behalf of the County, will receive all emergency 911 calls for the City twenty‐four (24) hours per day, seven (7) days per week, and three hundred and sixty five (365) days per year for the duration of the contact.

1.3.1 The Sheriff’s Office, on behalf of the County, will dispatch City police officers to calls for service.

1.3.2 The Sheriff’s Office, on behalf of the County, will conduct CLETS inquiries/entries for driver’s license status, registration, wanted persons, stolen vehicles, towed vehicles, stored vehicles, missing persons, stolen property, and restraining orders.

1.4 The Sheriff’s Office, on behalf of the County, will provide monthly reports to City on the City’s calls for service, self‐initiated activity, arrests, and warrants.

1.5 The Sheriff’s Office shall provide emergency medical dispatch services in accordance with all policies, procedures, and procedures established by its local emergency medical services agency and the State Emergency Medical Services Authority, to the extent applicable. 0330‐21‐02‐00

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2.0 Term of Agreement.

2.1 The term of this Agreement shall be from July 1, 2022 through June 30, 2025, unless earlier terminated or extended as provided herein.

2.2 One hundred and twenty (120) days prior to the expiration of this Agreement or any extensions thereto, the parties shall meet to discuss the possible extension of this Agreement. The parties shall reach an agreement as to the terms of any extension period no later than thirty (90) days prior to the expiration of this Agreement or any extensions thereto. Absent mutual agreement by the parties within that time frame, this Agreement shall expire at the conclusion of the then‐existing term.

3.0 Right of Termination.

3.1 Either party may terminate this Agreement with or without cause upon ninety (90) days written notice to the designated representatives set forth in Section 5.0 of this Agreement.

4.0 Payment.

4.1 City shall reimburse County on a quarterly basis for services performed under this agreement. The cost to the City will be adjusted annually based on the change in the Consumer Price Index‐All Urban Consumers (CPI‐U), San Francisco‐Oakland‐Hayward, CA Area using the month of April beginning with the year 2022 and ending with the year 2025.

Cost to City for the performance of services are: (a) July 1, 2022 through June 30, 2023 ‐ $188,513.80 per year, or $47,128.45 per quarter; (b) Year 2 (July 2023‐2024) shall be escalated based upon the CPI‐U April 2023 as aforementioned; (2) Year 3 (July 2024‐2025) shall be escalated based upon the CPI‐U April 2024 as aforementioned.

4.2 The Sheriff’s Office will invoice the first business day after the completion of a quarter; or every three months. Payment in full shall be due within thirty (30) days after the invoice date. If such payment is not delivered within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon.

4.3 Interest shall be at the rate of ten percent (10%) per annum, calculated from the last day of the month in which the services were performed.

4.4 The Parties acknowledge that the Bureau of Labor Statistics may adjust its area sample from time to time, and other factors impacting the CPI index and the substance of this Section

4.0; the Parties agree to negotiate in good faith to modify this Agreement should any such changes materially impact this Agreement. Furthermore, the Parties each stipulate and express that it is their intent for the City to fully and fairly compensate the County for its personnel and administrative costs of providing services under this Agreement; to that end, this Section 4.0 shall be modified and adjusted to reflect compensation increases due to labor negotiations, if any, from time to time during the operative periods in Section 4.1(a)‐ (c), above. The CPI index adjustment shall not result in a decreased fee for services.

5.0 Notices and Designated Representatives.

5.1 Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt, or mailed by first class registered or certified mail, postage prepaid, and addressed to the parties at the following addresses and to the attention of the person named. 0330‐21‐02‐00

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Addresses and person to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party.

Notices to the County shall be addressed as follows:

Calaveras County Sheriff’s Office
Attn: Rick Dibasilio, Sheriff
1045 Jeff Tuttle Drive
San Andreas, CA 95249
Notices to the City shall be addressed as follows:

City of Angels Camp Police Department
Attn: Scott Ellis, Chief of Police
P.O. Box 459
Angels Camp, CA 95222

5.2 The designated party representatives for this Agreement and contact information is as follows:

Calaveras County Sheriff’s Office   City of Angels Camp Police Department Section/Unit:  Sheriff   Section/Unit: ACPD
Attn:  Rick Dibasilio   Attn:  Scott Ellis, Chief of Police 891 Mountain Ranch Road   P.O. Box 459
San Andreas, CA  95249   Angels Camp, CA 95222
Phone: (209) 754‐6552   Phone: (209) 736‐2567
Fax:      (209) 754‐6659   Fax: (209) 736‐0517

6.0 Indemnification

6.1 The County and its officers, appointed and elected officials, agents, employees, and contractors (collectively “Released Parties”) shall not be deemed to have assumed any liability for the negligence or any other act or omission of the City or any of its officers, agents, employees, or contractors, the validity of its local laws, or for any act or omission of the City and its officers, elected and appointed officials, agents, employees, and contractors, and the City shall indemnify and hold the County harmless of and from all claims, demands, and liabilities of and arising from all such acts, omissions, or conditions.

6.2 The City shall also defend, however the complaint or cross‐complaint is pled, indemnify, and hold harmless the Released Parties from all claims, demands, and liabilities whatsoever, of any kind or nature, whether economic or non‐economic, however caused, arising from the County’s performance of this Agreement and any addendum hereto, except the City will not indemnify the County for liabilities caused by the County’s mis‐feasance or non‐feasance amounting to negligence, willful conduct, or a negligent or willful violation of local, state, or federal law in the County’s performance of this Agreement as provided for in Section 6.3.

This indemnity provision shall survive termination of this Agreement as to any covered claim, demand, or liability asserted and which arose while this Agreement was in effect.

6.3 The City’s defense of the County under this Section 6.0 shall be at the City’s expense, including attorney fees, costs, damages and disbursements, and with counsel approved in 0330‐21‐02‐00

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writing by the County notwithstanding Civil Code sec. 2778(4). Should judgment be rendered against the Released Parties, or any of them, for willful conduct, or a negligent or willful violation of local, state, or federal law in the performance of this Agreement, the City will not be required to indemnify or hold the County harmless to the extent of such liability.

In such a case, the City and County agree that liability will be apportioned, and the County shall reimburse the City for the apportioned defense costs, including fees, costs, damages, and disbursements. Neither Party shall request a Jury apportionment; it shall be apportioned by the judicial officer unless otherwise agreed to by the Parties.

7.0 Choice of Law and Forum.

This Agreement shall be interpreted under the laws of the State of California and venue for any action shall be in Calaveras County, State of California. Notwithstanding the foregoing, neither party to this Agreement shall be deemed to waive any right or benefit it has under California Code of Civil Procedure section 394.

8.0 Amendments.

All changes, modifications, or amendments to this Agreement must be in the form of a written Amendment executed by the County Board of Supervisors and an authorized representative of the City.

9.0 Non‐Waiver
The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

10.0 Severability
If any provision of this agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this agreement shall remain in full force and effect.

11.0 Authority
The City represents and warrants that the person executing this Agreement for the City is an authorized agent who has actual authority to bind the City to each and every term, condition, and obligation of this Agreement and that all requirements of the City have been fulfilled to provide such actual authority.

12.0 Entire Agreement
This Agreement and any executed Amendments thereto constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change in this Agreement shall be valid unless prepared pursuant to Section 8.0, Amendments, of this Agreement.
0330‐21‐02‐00

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below.

Dated: _______________________ Calaveras County Board of Supervisors Amanda Folendorf
By: _____________________________
Board Chair
Dated: _______________________ City of Angels Camp
Rebecca Callen
By:_____________________________
City Administrator

APPROVED AS TO FORM:

County Counsel
Date: ________________________   By:____________________________ Sarah Edwards, County Counsel
City Attorney, Angels Camp
Date: ________________________   By:____________________________ Douglas L. White, City Attorney
Current Rate* ‐ for perforance period 7/1/2021 ‐ 6/30/2022 Annual Fee 179,536.96 $
Quarterly Fee $       44,884.24
New, Adjusted Rate* ‐ for perforance period 7/1/2022 ‐ 6/30/2023 Annual Fee $     188,513.80 $   8,976.84 Annual dollar escalation Quarterly Fee $       47,128.45 $   2,244.21 Annual dollar escalation Series Title: Consumer Price Index, San Francisco Area — April 2022 Area: All Urban Consumers
Item: CPI-U 5.0%
Years: 2021 - 2022
CPI Escalation 5.0%
2022 Annual Rate Adjustment Calculation per Section 4.1 of current Municipal Service Agreement (MSA) between the County of Calaveras and the City of Angels Camp
CCSO ‐ Calaveras County Sheriff's Office
CPI-U, San Francisco-Oakland-Hayward, CA
Consumer Price Index for All Consumers (CPI‐U), San Francisco‐Oakland‐Hayward (San Francisco Area) index percent change from April of the past year to March of the current year.  See below
* Annual Rate adjustment is based upon Section 4.1 of Original Municipal Service Agreement that states that Annual Rate will be adjusted by Consumer Price Index for All Urban Consumers (CPI‐U)‐San Francisco‐Oakland‐Hayward, CA Area using the month of April.

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R:\Grants Contracts and Projects\Angels Camp Police Contract\FY2022‐25 ACD DISPATCH CONTRACT\2022 ACDP Calculated Annual CPI Rate Adjustment for MSAAnnual Fee City of Angels Council Meeting
JULY 19, 2022 CONSENT AGENDA: F

F. Monthly AP Checks Issued for June 2022, Michelle Gonzalez, Finance Director ___________________________________________________________________

CITY CLERK
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE:

TO:

FROM:

RE:

July 5, 2022
City Council
Michelle Gonzalez, Finance Director
Monthly AP Checks Issued

BACKGROUND
At the March 1, 2022 Council meeting the City Administrator mentioned that staff would be providing a report that shows which checks were issued for the previous month at the second Council meeting.

DISCUSSION
Staff is providing Council with the report that shows all the checks that were issued for the month of June.

FISCAL IMPACT
No fiscal impact

ATTACHMENTS

1. Accounts Payable Checks June 2022

City of Angels Council Meeting
JULY 19, 2022 REGULAR AGENDA: A

A. PUBLIC HEARING: Ordinance 527, the Second Reading, hold a Public Hearing, adding the City of Angels Municipal Code Section 9.01, Incorporating Police Acquisitions and use of “Military Equipment” in Accordance with State Law, Chief Ellis
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
___________________________________________________________________

CIT Y HA LL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: 7/5/22
TO: City Council
FROM: Scott Ellis, Chief of Police
RE: AMENDMENT TO ANGELS CAMP MUNICIPAL CODE

1. ACTION RECOMMENDED:

Ordinance: Amending Angels Camp Municipal Code Title 9, to add Chapter .01 Police Acquisition and Use of “Military Equipment”

2. SYNOPSIS:

Amending Angels Camp Municipal Code Title 9, to add Chapter .01 Police Acquisition and use of “Military Equipment”

3. DISCUSSION OF ISSUE:

Assembly Bill 481 (AB 481 or the Bill), a state law approved in 2021, codified at Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy (the Policy) by ordinance (the Ordinance), prior to the LEA funding, acquiring, or using “military equipment” as defined in the new law. The law also requires law enforcement agencies to make public an annual report outlining the use of such equipment. In addition, a drafted policy was posted to the City of Angels Camp Police Department’s public website thirty (30) days prior to the initial reading at the Angels Camp City Council Meeting. The Angels Camp Police Department (ACPD) seeks City Council adoption of the attached Military Equipment Policy – ACPD Policy 709, in order to allow ACPD to continue to use the vital equipment specified therein, as well as acquire new equipment as outlined in the policy.

Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the ACPD.

The term “military equipment,” as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.

CIT Y HA LL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 ACPD is committed to using the most up to date tools and equipment to safeguard the residents of Angels Camp. Many of the items deemed to be “military equipment” by AB 481 are in fact employed by ACPD, and numerous LEAs across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Policy, also provide ACPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.

4. BASIS FOR RECOMMENDATION:

Changes to the Municipal Code will allow the Angels Camp Police Department to continue to provide for the safety of its community members without unnecessarily escalating situations and with higher levels of force.

5. FISCAL IMPACT / BUDGET AMENDMENT:

None at this time for items currently in use. Any future purchases will follow city rules and processes.

6. ALTERNATIVES:

Council could choose not to accept theses updates; however, this is not recommended because this addition to the Municipal Code allows for TPD to continue to protect the community.

7. ATTACHMENTS

1. ACPD Policy 709

2. Ordinance 527 with Attachment A - AMC Section 9.01

ATTACHMENT 1
ORDINANCE 527 AND ATTACHMENT A

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 527
AN ORDINANCE ADDING THE CITY OF ANGELS MUNICIPAL CODE AMC SECTION 9.01 INCORPORATING POLICE ACQUISTIONS AND USE OF “MILITARY EQUIPEMENT” IN ACCORDANCE WITH STATE LAW.

THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Add to the City of Angels Camp Municipal Code (AMC Section 9.01) incorporating Police Acquisition and use of “Military Equipment” in accordance with state law per Attachment A.

Section 2: The foregoing Ordinance or a summary shall, before the expiration of fifteen (15) days of its passage, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof.

Section 3: If any section, subsection, sentence, clause, word, or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The City of Angels Camp City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more section, subsection, sentence, clause, word, or phrase be declared invalid or unconstitutional.

The foregoing Ordinance was introduced at a regular meeting of the City of Angels City Council held on July 5, 2022, and passed and adopted as an ordinance of said City at a regular meeting of said Council held on July 19, 2022, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________________
Alvin Broglio, Mayor
ATTEST:

Rose Beristianos, City Clerk
Attachment A to Ordinance 527
Chapter 9.01
Police Acquisition and Use of “Military Equipment”

9.01.010 Definitions.

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
• Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue firearms and ammunition.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

9.01.020 Policy.

It is the policy of the Angels Camp Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

9.01.030 Military Equipment Coordinator.

The Chief of Police should designate a member of this department to act as the military equipment coordinator.

The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Angels Camp Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

9.01.040 Military Equipment Inventory.

The following constitutes a list of qualifying equipment for the Department: See Attachments.

9.01.050 Approval.

The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.
(e) Using any newor existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

9.01.060 Coordination with Other Jurisdictions.

Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment of similar type and purpose is approved for use in accordance with this policy.

9.01.070 Annual Report.

Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

9.01.080 Community Engagement.

Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

9.01.090 Use in Exigent Circumstances.

In exigent circumstances and with the approval of the Chief of Police or authorized designee, the Police Department may acquire, borrow and/or use military equipment that is not included in the Military Equipment Use Policy.

If the Police Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
• If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council. • Include the military equipment in the Police Department’s next annual Military Equipment Report.

City of Angels Council Meeting
JULY 19, 2022 REGULAR AGENDA: B

B. Sale of a Portion of City Property (APN: 58-015-011) to the Mariposa, Amador, Calaveras, Tuolumne (MACT) Health Board, Amy Augustine, City Planner ___________________________________________________________________ DATE: July 19, 2022
TO: City Council
FROM: Amy Augustine, AICP - City Planner
RE: Sale of a Portion of City Property (APN 58-015-011) to the Mariposa, Amador, Calaveras, Tuolumne (MACT) Health Board

RECOMMENDATION
Approve Resolution 22-38 selling a portion of City property containing a parking lot on APN 58- 015-011 located off 200 Monte Verda Street to the Mariposa, Amador, Calaveras, Tuolumne (MACT) Health Board and authorizing the City Administrator to sign all relevant documents, deeds, and agreements.

BACKGROUND
The subject property is identified in Figure 1. The property is a portion of a separate legal parcel (APN 058-015-011) adjacent to the City’s Police Department.

In May of 2019, the City entered into a 5-year agreement with MACT to lease 20,000-24,000± square feet (0.56 acre) of APN 058-015-011 for parking lot use by MACT at a cost of $3,120/month plus 50% of parking lot lighting and light maintenance. MACT constructed the parking lot and installed fencing including two gates: one to allow for emergency response vehicles to pass from the City parcel through MACT property to SR 49 and the other, a man-gate.

In April 2022; the Planning Commission approved a new museum for MACT on an adjacent property.

Condition #4 of project approval requires MACT to:

4. Negotiate an extended lease or purchase with the City of Angels to allow for required parking on the adjacent city owned parcel for the project for a minimum of 25 years unless otherwise agreed to by the City Council.

In May 2022, the City Council, in closed session, discussed the item and directed staff to approach MACT to gauge MACT’s interest in purchasing the parking lot from the City. MACT and the City agreed to a sales price. The attached sales agreement allows for that sale to proceed.

The police and fire departments have been consulted and agree, now that plans for the new safety campus have evolved; that the property is unnecessary for the safety campus.

The site currently carries a general plan land use designation and zoning of Public. The sale will require a general plan amendment and rezoning to Community Commercial. The City is currently undertaking citywide rezoning in conjunction with its housing grant (SB2) and will complete that process at no charge to MACT. A boundary line adjustment is also required. The process is underway. MACT will bear the survey costs for the boundary line adjustment.

FISCAL IMPACT
The City would receive $850,000 from the sale.

ATTACHMENT:

A. Resolution 22-38 w/Attachment A – Sales Agreement
Figure 1: A portion of APN 058-015-011 (Yellow outline) RESOLUTION NO. 22-38

A RESOLUTION APPROVING THE SALE OF A PORTION OF A CITY LOT TO

THE MARIPOSA, AMADOR, CALAVERAS, TUOLUMNE (MACT) HEALTH

BOARD AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN ALL

RELEVANT DOCUMENTS, DEEDS AND AGREEMENTS
WHEREAS, the City of Angels (“City”) owns that certain real property consisting of approximately 1.56 acres encompassing Assessor’s Parcel Number 58-015-011 located at 220 Monte Verda Street, Angels Camp, CA; and
WHEREAS, the Mariposa, Amador, Calaveras, Tuolumne (MACT) Health Board did construct a parking lot on a portion of said property with City approval; and
WHEREAS, the City has been leasing that portion of the property for use as a parking lot by the Mariposa, Amador, Calaveras, Tuolumne (MACT) Health Board totaling approximately 24,000 square feet of APN 58-015-011; and
WHEREAS, staff has surveyed other City Departments as to the City’s need to retain that portion of property containing the parking lot; and
WHEREAS, the City has identified no potential City need for that portion of the property containing the parking lot; and
WHEREAS, the MACT Health Board has indicated an interest in purchasing that portion of the property containing the parking lot; and
WHEREAS, the City and MACT have agreed to a sales prices to sell that portion of Assessor’s Parcel Number 58-015-011 currently used as a parking lot and subject to the conditions contained in the attached sales agreement (Attachment A);
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby approves the sale of a portion of a city lot on APN 58-015-011 to the Mariposa, Amador, Calaveras, Tuolumne (MACT) Health Board and authorizes the City Administrator to sign all relevant documents, deeds and agreements to complete the sale subject to the provisions of the attached sales agreement (Attachment A).

The foregoing resolution was introduced and moved for adoption July 19, 2022, by Council member ________________and duly seconded by Council member ______________.

PASSED AND ADOPTED THIS 19th day of July, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Alvin Broglio, Mayor
ATTEST:

Rose Beristianos, City Clerk
City of Angels

ATTACHMENT A

DRAFT SALES AGREEMENT
{CW114362.3} PURCHASE AND SALE AGREEMENT

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PURCHASE AND SALE AGREEMENT WITH ESCROW INSTRUCTIONS

THIS PURCHASE AND SALE AGREEMENT WITH ESCROW INSTRUCTIONS (“Agreement”) is entered on____________, 2022, (“Effective Date”) by and between the City of Angels Camp, a California municipal corporation (“Seller”) and the Mariposa, Amador, Calaveras and Tuolumne Health Board, Inc., a non-profit tribal corporation (“Buyer”). Seller and Buyer may be referred to herein as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS
A. Seller owns that certain parcel of land with improvements thereon located in the County of Calaveras, Assessor Parcel Number 058-015-011 with the physical address 200 Monte Verda Avenue, Angles Camp, California 95222, and as further described in the legal description attached and incorporated hereto as Exhibit A (the “Property”).

B. Buyer desires to purchase the Property, and Seller desires to sell the Property, according to the terms and conditions of this Agreement.

C. On July 19, 2022, Council for the City of Angels Camp, at a duly noticed meeting, approved the sale of the Property pursuant to the terms and conditions in this Agreement.

NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Sale of Real Property. Seller shall convey the Property to Buyer in consideration of the Purchase Price (defined below) to be paid to Seller by Buyer and in accordance with the terms of this Agreement. The transfer shall include all of Seller’s rights, title and interest in and to all mineral rights, zoning rights, governmental permits and licenses, rights-of-way, roadways and alleyways, reversions, appurtenances, easements, or other rights and privileges used in connection with the beneficial use of, or associated with, the Property.

2. Purchase Price. The purchase price for the Property is Eight Hundred Fifty Thousand Dollars ($850,000.00) (the “Purchase Price”). The Purchase Price shall be payable at Closing (as defined below) in cash, cashier’s check, or by wire transfer. {CW114362.3} PURCHASE AND SALE AGREEMENT

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3. Escrow Instructions.
(a) Escrow Agent. After execution of this Agreement by Seller and Buyer, Buyer shall promptly open an escrow account (the “Escrow”) with Placer Title, Angels Camp Branch (the “Escrow Agent”) by delivering three (3) fully executed counterpart originals of this Agreement to the Escrow Agent. After delivery, Escrow Agent shall sign each counterpart and promptly deliver a fully executed counterpart of this Agreement to each Party. The Parties agree to be bound by the Escrow Agent’s standard form or general provisions and shall execute and deliver to the Escrow Agent such other reasonable or customary supplemental instruments as may be required by Escrow Agent in order to consummate the transaction. This Agreement shall control in the event of any inconsistency between this Agreement and the Escrow Agent’s standard form, general provisions, or any other documentation provided by the Escrow Agent. (b) Escrow Deposit. Within five (5) business days after the Effective Date, Buyer shall deposit with Escrow Agent the sum of Twenty Thousand Dollars ($20,000.00), in cashier’s or certified check (the “Escrow Deposit”). The Escrow Deposit shall be non-refundable to Buyer if Buyer elects to terminate this Agreement after the expiration of the Inspection Period (defined below), unless provisions for refunding the Escrow Deposit to Buyer are provided in this Agreement, such as an event of default by Seller or non-satisfaction of any of the Conditions Precedent (defined below). Upon Closing, the Escrow Deposit shall be credited toward the Purchase Price.
(c) Closing Deadline. Conveyance of the Property (the “Close of Escrow” or “Closing”) is estimated to occur Ninety days (90) after the Effective Date. Closing may occur on an earlier date with written notice by both Buyer and Seller, provided that all of the following have been provided to the Escrow Officer on or before the date that is two (2) business days before the scheduled date of the Closing:
(i) Seller’s Delivery Obligations. Seller shall deliver the following into Escrow: (1) a grant deed for the Property, properly executed and notarized (the “Deed”); (2) a duly executed certification to the extent applicable to Seller as required by the Foreign Investment in Real Property Tax Act and its California Revenue and Taxation Code equivalent (together, “FIRPTA”); (3) an affidavit on the Escrow Agent’s standard forms so that the Escrow Agent can delete or modify the standard printed exceptions as to parties in possession, unrecorded liens (including statutory materialmen’s liens), and similar matters; (4) an acknowledged closing statement reflecting the Purchase Price and the closing adjustments and prorations contemplated by this Agreement (the “Closing Statement”); and
{CW114362.3} PURCHASE AND SALE AGREEMENT

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(ii) Buyer’s Delivery Obligations. Buyer shall deliver the following into Escrow: (1) cash for the balance of the Purchase Price and the other obligations to be paid by Buyer pursuant to this Agreement; and (2) an executed counterpart of the Closing Statement. (iii) Simultaneously with or following the Closing, the Parties will execute such additional documents and perform such other acts as will be reasonably required to carry out the intent and purposes of this Agreement.
(d) Close of Escrow. The following are Conditions Precedent that must be delivered to Escrow prior to Closing: (i) written notice from Buyer that the conditions to Closing hereunder have been satisfied; (ii) all deliverables contemplated by Section 3(c) above; and (iii) the Title Policy (defined below) that Escrow Agent is prepared to issue and deliver to Buyer. Once the above conditions are satisfied, the Escrow Agent shall: (1) record the Deed with the Calaveras County Recorder, with the documentary transfer tax shown on a separate paper; (2) deliver the proceeds of the sale to Seller; (3) deliver to Buyer the FIRPTA statement and the Title Policy; (4) pay all costs and expenses as authorized by these instructions and charge each Party’s account for such costs and expenses as required by this Agreement; and (5) deliver to each Party the executed Closing Statement and itemized statement of costs charged to each Party’s account. To comply with Internal Revenue Code § 6045(e), Escrow Agent is designated as the “person responsible for closing the transaction” and also as the “reporting person” for purposes of filing any required information or returns with the Internal Revenue Service.

4. Inspection of the Property.
(a) Tests. Buyer and Buyer’s authorized agents, contractors, employees and designees shall have the right, after the Effective Date and prior to Closing, or until this Agreement is terminated, to enter the Property for the purpose of making such surveys, soil, engineering, geological, environmental and other tests, inspections and measurements, including Phase I Environmental Assessment (the “Tests”) as Buyer deems advisable, provided they are done without cost to Seller and such activities do not unreasonably interfere with Seller. Buyer shall give reasonable written, telephonic, or email advanced notice to Seller of any Tests that Buyer or Buyer’s agents will perform. The notice shall specify the nature of the Tests to be performed, the approximate time the Tests will be performed, and the person or entity performing the Tests. Buyer is responsible for the cost of repairing any damage to the Property caused by Buyer’s inspection activities.
(b) Inspection Period. If Buyer, in its sole discretion, for any reason or no reason at all, decides not to proceed with Closing, Buyer shall have the right at any time within thirty (30) calendar days after the Effective Date (the “Inspection Period”) to terminate this Agreement by written notice to Seller. If terminated, Buyer shall provide Seller with copies of all {CW114362.3} PURCHASE AND SALE AGREEMENT

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reports, if any, relating to the Property that Buyer received as a result of the Tests. Buyer makes no warranty or representations as to the accuracy or completeness of these reports. (c) Property Documents. During the Inspection Period, Seller shall make available to Buyer for Buyer’s inspection, within five (5) business days after Buyer’s request, all documents and information in Seller’s possession or control pertaining to the Property or an interest in the Property, including but not limited to any and all leases, liens, tentative and final maps, surveys, plats, title reports, soil reports, assessment and financing district documentation, environmental studies, and entitlement documents (collectively the “Property Documents”). Seller shall not be obligated to disclose to Buyer any appraisal or opinions of the value of the Property, any of Seller’s internal financial analyses, credit analyses business plans, materials relating to Seller’s cost to acquire the Property, or any documents or communications subject to the attorney/client privilege. Buyer acknowledges that the Property Documents are furnished to Buyer solely as a courtesy and Seller has neither verified the accuracy of any statements or other information contained in those documents, nor the qualifications of the persons preparing such information. Inspection of the Property Documents shall be performed at a location agreeable to Seller and Buyer during reasonable business hours. Buyer shall be entitled to copy, at Buyer’s expense, any of the Property Documents it chooses. If this Agreement is terminated prior to Closing, Buyer shall, upon Seller’s request, promptly return to Seller all Property Documents and all copies of those materials delivered to or obtained by Buyer from Seller. (d) Condition of Property. Except to the extent otherwise set forth in this Agreement, the Property is sold “AS-IS” in its present physical condition as of the Effective Date.

5. Title.
(a) Permitted Exceptions. At Closing, Seller shall convey fee title to the Property to Buyer free and clear of all liens and encumbrances, excepting only: (i) general and special real property taxes and assessments not yet due and payable; (ii) all exceptions to title set forth in the Title Report (defined below), which have been approved by Buyer; (iii) any new or existing community facilities district bonds, special taxes, fire assessment districts, and the like for the Property as approved by Buyer during the Inspection Period; and (iv) any exceptions to title caused by acts or omissions of Buyer (collectively, the “Permitted Exceptions”). (b) Title Report. Seller, at its sole cost and expense, shall deliver to Buyer a current, preliminary title reports for the Property no later than ten (10) business days after the Effective Date, together with legible copies of all documents referenced therein as exceptions to title (the “Title Report”). The Title Report shall be issued by Escrow Agent and dated no earlier than thirty (30) days before the Effective Date.
{CW114362.3} PURCHASE AND SALE AGREEMENT

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(c) Objections by Buyer. Within ten (10) business days after its receipt of the Title Report, Buyer shall notify Seller, in writing, of any objection that Buyer has to the title exceptions reflected in the Title Report (the “Buyer Objection Notice”). Buyer’s failure to timely deliver to Seller the Buyer Objection Notice shall be deemed to constitute Buyer’s approval of the Title Report. Seller shall have a period of five (5) business days after receipt of the Buyer Objection Notice in which to deliver written notice to Buyer of Seller’s election to either: (i) agree to remove, at Seller’s sole cost and expense, the objectionable items prior to Closing; or (ii) decline to remove the objectionable items (the “Seller Response Notice”). Seller’s failure to timely deliver to Buyer the Seller Response Notice shall be deemed to constitute Seller’s election not to remove the objectionable items. If Seller elects to remove the objectionable items and, thereafter, fails to do so prior to Closing, then Seller shall be deemed in default under this Agreement. If Seller elects (or is deemed to have elected) not to remove the objectionable items, then Buyer shall have the right, by written notice to Seller (the “Buyer Election Notice”) delivered within seven (7) business days after Buyer’s receipt of the Seller Response Notice (or, if Seller has failed to timely deliver to Buyer the Seller Response Notice, within seven (7) business days after the expiration of said five (5) business day period), to either: (i) immediately terminate this Agreement, in which event this Agreement and all of the rights and obligations of Buyer and Seller shall terminate, except that Buyer and Seller shall share equally the expenses of canceling Escrow; or (ii) waive its objection to the title exceptions in question. Buyer’s failure to timely deliver to Seller the Buyer Election Notice shall be deemed to constitute Buyer’s waiver of its objections to the title exceptions in question.
(d) Title Policy. At Closing, the Escrow Agent shall issue to Buyer a standard California Land Title Association (“CLTA”) policy of title insurance, with such endorsements as Buyer may reasonably request, in the amount of the Purchase Price, showing title to the Property vested in Buyer, and containing no exceptions to title other than the Permitted Exceptions (the “Title Policy”).

6. Operations. From the Effective Date through Closing or termination of this Agreement, whichever occurs earlier, Seller shall: (a) maintain the Property in the same condition as presently exists, with the exception of reasonable wear and tear or changes attributable to Buyer; (b) not, without Buyer’s prior written consent (which may be withheld in Buyer’s sole discretion), terminate, amend, extend or renew any lease or other contract affecting the Property or enter into any contract or commitment or incur any expenditure or obligation affecting the Property or the title thereto, which would extend beyond the Closing; (c) pay promptly when due all taxes, assessments, utility charges, indebtedness secured by deed of trust or other liens, and, generally, all expenses (including repairs and replacements) incurred by Seller in the operation of the Property; and (d) not, without Buyer’s prior written consent (which may be withheld in Buyer’s sole discretion), take or consent to any action which could modify the status of title to the Property, present zoning of, access to, licenses, permits or entitlements to, or assessed valuations of, the {CW114362.3} PURCHASE AND SALE AGREEMENT

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Property or cut or permit the cutting of any trees on the Property. Seller shall promptly notify Buyer, in writing, of any failure by Seller to comply with its obligations under this Section 6.

7. Conditions Precedent to Closing. The following conditions must be met in order for Closing to occur (the “Conditions Precedent”): (a) the Property must be in substantially the same condition at Closing as on the Effective Date, reasonable wear and tear and any damages or changes attributable to Buyer excepted; (b) all deeds of trust, liens and other charges against the Property not assumed by Buyer must be paid and cancelled by Seller prior to, or with funds made available at, Closing; (c) except those attributable to Buyer, no uncured material, adverse change to the title to the Property shall have occurred since the Effective Date; (d) neither Seller nor the Property shall be subject to any court judgment or decree or to any litigation or administrative proceeding which would adversely affect the Property in any material respect or which would be binding upon Buyer or its assigns; (e) Seller shall have complied with and otherwise performed, in all material respects, each of its obligations set forth in this Agreement (including, but not limited to, the obligations of Section (6) and each of Seller’s representations and warranties set out in this Agreement shall remain true in all material respects and, as to those representations limited to Seller’s knowledge, the specific fact or condition that was the subject of the representation must also be true.

If any of the Conditions Precedent is not met prior to the Closing deadline, Buyer shall, in its sole discretion, notify Seller of such in writing, and take one of the following actions: (i) extend the Closing deadline as long as necessary for Seller to satisfy the applicable Conditions Precedent, (ii) waive the Conditions Precedent and proceed with Closing; or (iii) terminate this Agreement, in which event Seller shall be responsible for all expenses of cancelling Escrow. The election of (i) above shall not prohibit a subsequent election of (ii) or (iii) above.

8. Prorations and Adjustments.
(a) Closing Costs. The following costs related to Closing shall be prorated as follows: (i) Buyer and Seller shall share the fees and charges of the Escrow Agent equally; (ii) Buyer shall pay all documentary and other transfer taxes and shall bear the cost of the Title Policy (standard CLTA coverage); (iii) Buyer shall pay all fees and costs related to the boundary line adjustment associated with the Property, and (iv) Buyer and Seller shall each pay for their own respective legal, accounting and other consultant fees, charges and costs incurred related to this Agreement. Seller will furnish all documents, releases and cancellations as necessary in order to discharge all existing liens and encumbrances of record against the Property. Buyer and Seller shall share the fees and charges with associated recording costs. (b) Property Taxes. All current ad valorem taxes and all current general and special taxes and assessments on the Property shall be prorated through Escrow between Buyer {CW114362.3} PURCHASE AND SALE AGREEMENT

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and Seller as of the Closing date based upon the latest available tax information and the portion of the taxable year each party has possession of the Property, without regard to any reassessments or subsequent changes. All supplemental taxes (regardless of whether a bill for such taxes is received after the Closing by Buyer or Seller) and future assessments or encumbrances levied by any assessment, maintenance, school district or like entity, attributable to the Property or this sale, shall be prorated on the same basis, as shall special taxes and any assessments under Mello-Roos Community Facilities District and the like now encumbering the Property or proposed to encumber the Property.

9. Possession. At Closing, the right to possession of the Property shall transfer to Buyer. At Closing, Seller shall deliver to Buyer exclusive possession of the Property, free and clear of occupancy by all persons, firms or corporations, whether or not under claim of right or color of title.

10. Representations and Warranties.
(a) Brokers. Neither party has contacted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction (“Broker”), and neither Party has taken any action that would result in any other Broker’s or other fees or commissions being due or payable to any other party with respect to this transaction. If a Broker brings a claim for a commission or fee related to the Property, the Party through whom the Broker makes the claim shall be solely liable and responsible for any amount owed to Broker and any expenses incurred by the other Party in defending against the same. The provisions of this paragraph shall survive Closing.
(b) Seller’s Representations. Seller makes the following representations and warrantees:
(i) Seller has the right, power, and authority to enter into this Agreement and sell the Property in accordance with these terms; each of the persons executing this Agreement on behalf of Seller is authorized to do so; and this Agreement constitutes a valid and legally binding obligation of the Seller, enforceable in accordance with its terms. (ii) Seller has good and marketable, fee simple title to the Property, free and clear of any and all liens, encumbrances or other restrictions, whether existing of record or otherwise, other than the Permitted Exceptions. Seller has no actual knowledge of any unrecorded or undisclosed legal or equitable interest in the Property owned or claimed by anyone other than Seller.
{CW114362.3} PURCHASE AND SALE AGREEMENT

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(iii) The current use and operation of the Property is authorized by and in compliance with all existing zoning, land-use, building, fire, health, labor and safety laws, ordinances, rules and regulations applicable to the Property, and there is no litigation, action, or other legal or administrative proceedings related to the current use and operation of the Property. (iv) There are no pending or, to Seller’s knowledge, threatened condemnation or other legal proceedings against, or affecting title to, any part of the Property. (v) No contracts, agreements, or options (other than those which have already expired) have been granted to others to purchase or to lease any interest in the Property or any part thereof or which will survive Closing or otherwise impose an obligation on Buyer, and Seller otherwise has the exclusive right of possession to the Property. (vi) Seller has not filed, or been the subject of any filing of, any petition under the Federal Bankruptcy Law or any other bankruptcy or insolvency laws. (vii) Seller has no knowledge of any violation of governmental laws, regulations or orders relating to the Property.
(viii) To the best of Seller’s knowledge: (i) the Property is free of Hazardous Materials (defined below); (ii) there has been no storage, generation, disposal, release, discharge or treatment of any Hazardous Materials upon or in the Property; (iii) no radon gas has been detected at the Property; and (iv) the Property has not been the subject of any federal, state or local government action or third party claim because of the release, threat of release, discharge, storage, treatment, generation, emission or disposal of any Hazardous Materials on, in or from the Property. Seller shall not, prior to Closing, bring or permit any Hazardous Materials to be brought onto the Property. The term “Hazardous Materials” shall mean, without limitation, any material or substance which is defined as a “hazardous waste”, “hazardous substance”, or the like under the laws or regulations of the State of California or United States (collectively, “Environmental Laws”) including any material or substance that is: (a) petroleum, oil, gas, or any direct or derivative product or byproduct thereof; (b) defined or listed as a hazardous waste, extremely hazardous waste or restricted hazardous waste under the Hazardous Waste Control Law (Cal.

Health and Safety Code §§ 25115, 25118, 25122.7 and 25140); (c) defined as a hazardous substance under the Carpenter-Presley-Tanner Hazardous Substance Account Act (Cal. Health and Safety Code § 25316); (d) defined as a hazardous material, hazardous substance, or hazardous waste under the Hazardous Materials Release Response Plans and Inventory (Cal. Health and Safety Code §§ 25501 and 25501.1); (e) defined as a hazardous substance under Underground Storage of Hazardous Substances (Cal. Health and Safety Code § 25281); (f) used oil (see Cal.

Health and Safety Code § 25250.1; (g) asbestos; (h) material listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 1 of Title 22 of the California Code of Regulations, Division 4, Chapter 30; (i) material defined as waste or a hazardous substance {CW114362.3} PURCHASE AND SALE AGREEMENT

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pursuant to the Porter-Cologne Act (Cal. Water Code § 13050); (j) material designated as a toxic pollutant pursuant to the Federal Water Pollution Control Act (33 U.S.C. § 1318); (k) material defined as a hazardous waste pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; (l) material defined as a hazardous substance pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, (42 U.S.C. § 9601 et seq.); (m) material defined as a hazardous material pursuant to the Hazardous Materials Transportation Act; or (n) material regulated by any Superfund or Superlien law, or any other federal, state or local law, statute, ordinance code, rule, regulation, order or decree that is in effect and regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials, oil wells, underground storage tanks or pipelines. Hazardous Materials include asbestos, petroleum products, and any other hazardous waste or substance which has, as of the date hereof, been determined to be hazardous or a pollutant by the U.S. Environmental Protection Agency, the U.S. Department of Transportation, or any instrumentality authorized to regulate substances in the environment which has jurisdiction over the Property which substance causes the Property (or any part thereof) to be in material violation of Environmental Laws. (ix) Seller is not a foreign person and is a “United States Person” as that term is defined in the Internal Revenue Code, as amended. (See I.R.C. § 7701(a)(30)). (x) Seller is not an entity named on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of Treasury, as last updated prior to the Effective Date, and Seller shall take any actions required to comply with the USA Patriot Act of 2001, as amended, and any regulations promulgated under the foregoing law, Executive Order No. 13244 on Terrorist Financing, any sanctions program administrated by the U.S. Department of Treasury’s Office of Foreign Asset Control or Financial Crimes Enforcement Network, or any other laws, regulations, executive orders or government programs designed to combat terrorism or money laundering, if applicable to this Agreement. (xi) The representations and warranties of Seller set forth in this Agreement and the materials delivered by Seller to Buyer do not contain any untrue statements of material fact. Seller has not omitted any material fact that would thereby cause its representations and warranties to be misleading.

EXCEPT FOR THE WARRANTIES SET OUT ABOVE AND THE WARRANTIES OF

TITLE MADE IN THE DEED, SELLER MAKES NO OTHER WARRANTIES, EXPRESS

OR IMPLIED, WITH RESPECT TO THE CONDITION, TITLE, OR USE OF THE PROPERTY. THE PARTIES ACKNOWLEDGE THAT SELLER HAS NOT

UNDERTAKEN ANY INDEPENDENT INVESTIGATION IN ORDER TO OBTAIN ANY

KNOWLEDGE FOR PURPOSES OF MAKING THE WARRANTIES AND
REPRESENTATIONS MADE BY IT IN THIS AGREEMENT.
{CW114362.3} PURCHASE AND SALE AGREEMENT

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Buyer: Seller:
(c) Buyer’s Representations. Buyer makes the following representations and warrantees:
(i) Buyer has the right, power and authority to enter into this Agreement and to purchase the Property in accordance with the expressed terms and conditions hereof. (ii) Each of the persons executing this Agreement on behalf of Buyer is authorized to do so.
(iii) This Agreement constitutes a valid and legally binding obligation of Buyer, enforceable in accordance with its terms.

The above representations and warranties are made by each Party with the knowledge and expectation that the other Party is placing complete reliance thereon, and such warranties shall survive Closing. Each Party shall not cause or permit any action to be taken which will cause any of its representations or warranties to be untrue in any material respects upon Closing. None of the representations and warranties shall be deemed merged into or superseded by the execution or delivery of any documents or agreements in connection with this Agreement. Each Party agrees to indemnify, defend, and hold the other Party harmless from all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys’ fees and costs) in connection with a breach of these representations and warranties. This indemnification obligation shall survive the Closing.

11. Risk of Loss. Seller bears all risk of loss prior to the Closing. If, prior to Closing, any portion of the Property is materially damaged by any casualty (other than those attributable to Buyer) and such damage is not repaired by Seller or arrangements for the escrow of funds sufficient to pay for necessary repairs are not made prior to Closing, then Buyer will have the option to terminate this Agreement by providing written notice to Seller. If Buyer does not elect to terminate this Agreement, it will remain in full force and effect and Buyer shall purchase the Property “as is.”

12. Eminent Domain. If, prior to Closing, condemnation proceedings are commenced or concluded by any entity other than Buyer and, in Buyer’s reasonable opinion, such proceedings will or have materially and adversely affected the Property, Buyer will have the option to terminate this Agreement by providing written notice to Seller. If Buyer does not elect to terminate this Agreement, it will remain in full force and effect and, at Closing, Seller shall be deemed to have assigned to Buyer all of Seller’s right, title and interest in any awards that have been made or may {CW114362.3} PURCHASE AND SALE AGREEMENT

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be made for the taking. Any such condemnation proceeds received by Seller prior to Closing shall be credited against the Purchase Price otherwise due at Closing from Buyer.

13. Memorandum of Agreement. The Parties agree that this instrument shall not be recorded; however, at the request of either Party, the other Party shall execute and deliver a Memorandum of Agreement, in recordable form, stating that the Property is under contract to Buyer and the duration of this Agreement.

14. Default and Remedies. If, prior to Closing, either Party is in default of its covenants or obligations under this Agreement, and such defaulting Party fails to cure such default within ten (10) business days after receipt of written notice thereof, the non-defaulting Party may elect to terminate this Agreement by sending written notice of termination to the defaulting party.

If Seller is the defaulting Party, Buyer may seek specific performance of Seller’s obligations, provided that any action for specific performance must be filed within sixty (60) business days of Seller’s alleged default. If, however, the specific performance remedy is not available to Buyer because of Seller’s acts after the Effective Date, then Buyer shall have the right to recover its direct out-of-pocket expenses reasonably incurred in connection with this Agreement, up to a maximum of Twenty Thousand Dollars ($20,000.00). In no event shall Buyer be entitled to recover, and Buyer expressly waives any right to recover, consequential, special, punitive, or speculative damages. The Parties further agree that no liquidated damages shall be imposed or paid in connection with this Agreement. If the Agreement is terminated due to default, the defaulting Party shall be liable for all direct Escrow costs. With respect to breach of any of the Survival Obligations (defined below), the non-defaulting Party shall be entitled to the remedies provided by this Agreement, law, statute, ordinance, and otherwise. The use of any one of these remedies by a nondefaulting Party with respect to a breach of any of the Survival Obligations shall not preclude such Party’s right to use any and all other remedies.

15. Survival. Any obligations, representations and warranties that are expressly provided to survive termination of the Agreement and, if Closing occurs, any provision which by its nature and effect is required to be performed after Closing (collectively, the “Survival Obligations”) shall survive the Closing and remain binding and for the benefit of the Parties until fully performed. Upon termination, neither Party shall have any further obligations under the Agreement except for the Survival Obligations.

16. Notices. Except where such other form of notice is expressly permitted by this Agreement, any notice required or permitted to be given in connection with this Agreement must be in writing and will be deemed to have been given: (a) when hand delivered (deemed received on receipt or refusal of delivery); (b) when delivered by a nationally recognized overnight express delivery service (deemed received the next business day); or (c) when deposited in the United States Mail, registered or certified mail, postage prepaid, return receipt requested (deemed received {CW114362.3} PURCHASE AND SALE AGREEMENT

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the third business day after posting). Notices may be executed and sent by the other Party’s legal counsel.

Each notice shall be addressed, transmitted, or delivered, as the case may be, as set out below, or at such other address as may from time to time be designated in writing in accordance with this subsection:

If to Seller: City of Angels Camp
200 Monte Verda Street
Suite B
Angels Camp, CA 95222
Attn: City Administrator
courtesy copy to: White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, CA 95814
Attn: Douglas L. White, City Attorney
If to Buyer: Mariposa, Amador, Calaveras, Tuolumne Health Board Inc 5192 Mariposa Road
Mariposa, CA 95338
Attn: John S. Alexander
courtesy copy to: ________________________
________________________
________________________
Attn: ____________________
If to Escrow Agent: Placer Title
210 S Main Street
Angels Camp, CA 95222
Attn: Escrow Officer

17. General Provisions.
(a) Exhibits. All attached Exhibits are incorporated by reference and made a part of this Agreement.
{CW114362.3} PURCHASE AND SALE AGREEMENT

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(b) Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to the subject matter hereof and all prior or contemporaneous oral or written agreements or instruments are merged into this Agreement. (c) Amendment. No amendments to this Agreement shall be effective unless such amendment is made in writing, signed by both Parties. No waiver of any right or remedy shall be effective unless in writing and signed by the Party against which it is sought to be enforced. (d) Counterparts. This Agreement may be executed simultaneously and in several identical counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. This Agreement has been executed in three (3) counterpart originals. Seller and Buyer are each to receive one (1) of the fully executed counterparts after delivery to the Escrow Agent. This Agreement may be signed and delivered using facsimile machines and electronic transmission. Any signed facsimile or electronic transmission of this Agreement shall constitute an original counterpart. (e) Time is of the Essence. Time is of the essence with respect to the payments and undertakings required of the Parties. If any time period under this Agreement ends on a Saturday, Sunday or any day on which the state courts of Calaveras County, California are closed, that time period shall be extended until the next business day. (f) Good Faith. Whenever a party’s consent or approval is required under this Agreement, that consent or approval will not be unreasonably withheld, conditioned, or delayed, except as expressly provided to the contrary in this Agreement. (g) Severability. If any provision of this Agreement is determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable under any federal or state law which becomes effective after the Effective Date, the remaining provisions shall continue in full force and effect and shall be interpreted to give effect to the purpose and intent of this Agreement. If, however, the Agreement is determined by a court to be invalid and unenforceable in its entirety, then the Agreement shall automatically terminate; provided that any obligations intended to survive a termination of this Agreement shall remain in effect to the extent otherwise permitted by law.
(h) Attorney’s Fees; Venue. In the event any legal action or demand for arbitration (if applicable) is filed in relation to this Agreement, the unsuccessful Party in that proceeding shall pay to the successful Party the latter’s reasonable attorney’s fees in addition to any other relief recovered. Venue for legal proceedings shall be the Calaveras County Superior {CW114362.3} PURCHASE AND SALE AGREEMENT

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Court and this Agreement shall be governed by and construed in accordance with the laws of the State of California.
(i) Waiver. Waiver by any Party of a breach of any provision of this Agreement shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof, unless specifically stated in writing.
(j) Drafting Presumptions. Each party acknowledges and agrees that it has reviewed this Agreement and had the opportunity to review the Agreement with its own legal counsel. Each party further acknowledges and agrees that it freely entered into this Agreement.

Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the provision shall not apply the rule of construction that a document is to be construed more strictly against the drafting Party.
[Signatures on following page]
{CW114362.3} PURCHASE AND SALE AGREEMENT

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date set forth above.

SELLER:

City of Angels Camp, a California municipal
corporation
By:

Rebecca Callen, City Administrator
APPROVED AS TO FORM:

By:

Douglas L. White, City Attorney
BUYER:

Mariposa, Amador, Calaveras, Tuolumne Health
Board Inc, a non-profit tribal corporation
By:

Print:

Title:
{CW114362.3} PURCHASE AND SALE AGREEMENT

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ACKNOWLEDGMENT AND ACCEPTANCE
Receipt of an original of the foregoing Agreement and the enclosures listed therein is acknowledged, and we agree to act as Escrow Agent under and pursuant to the terms and conditions of the Agreement.

ESCROW AGENT:
____________________________________

Name: ______________________________
Date:
{CW114362.3}

EXHIBIT A
Legal Description of the Property
[Insert Legal Description of the Property]
Except therefrom, which shall be conveyed through an easement between Buyer and Seller as part of this purchase and sale transaction, that portion of the Property necessary for Seller to install, access, and use a gate on parcel number ____ and to access and use the existing driveway on parcel number _____ to access SR 49 from parcel number ____ as depicted on the map attached hereto and incorporated herein by this reference. {CW114362.3}
City of Angels Council Meeting
JULY 19, 2022 REGULAR AGENDA: C

C. Abatement Approval of One (1) Parcel, APN: 058-064-005, Lot #288, Greenhorn Creek Subdivision Angels Camp, CA 95222, in Violation of Chapter 8.10 City of Angels Camp Municipal Code Abatement of Weeds and Rubbish, Nate Pry, Fire Marshal/Deputy Chief
___________________________________________________________________ Date: July 19, 2022
To: City of Angels City Council
From: Nathan Pry, Fire Marshal/Deputy Chief
RE: Abatement approval of 1 parcel in violation of Chapter 8.10 City of Angels Camp Municipal Code Abatement of Weeds and Rubbish
Recommendation
Staff recommends City Council approved the abatement of APN 058-064-005 lot # 288 in the Greenhorn Creek Subdivision Angels Camp.

Background
The Angels Camp Fire Department mailed a notice to abate to the property owner of record according to the Calaveras County Tax Assessor on April 20, 2022. When no action had been taken by the property owner to abate the notice, a citation and additional notice were sent to the property owner via certified mail. The notice that was sent with the citation advised the property owner that the City intended to abate the property in violation at the owner’s expense should they fail to act within 15 days. To date there has been no communication with the property owner and the parcel is still in violation of the City Municipal code and a threat to public safety. Copies of the notices mailed to the property owner as well as pictures of the property are attached for your review.

Financial Impact
The Fire Marshal has reached out to vegetation management contractors in the area to estimate costs of abatement for this project. Estimates range from $500.00 to $1,000.00 depending on actual time on project. Currently there is no fund established for abatement of properties, therefore we are asking for a budget amendment in the amount not to exceed $1,000.00 to bring this property into compliance with City Municipal code.

City of Angels Council Meeting
JULY 19, 2022 CORRESPONDENCE: A

A. News and Notes the week of June 20, 2022
___________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: July 6, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR THE WEEK OF JUNE 20, 2022

RECOMMENDATION
No action is required.

DISCUSSION
It is important for the Council to see and the public to be aware of the work that is done every day by hardworking staff. With COVID, the regular communications and updates ended, while staff has made meaningful progress across all of the City’s functions. The Council will get these weekly reports as there are updates to give.

Administration Update
Did two onsite group sessions for IT Support Services RFP. A total of 6 applicants attended and toured City Hall and the Police Department. I met with Planning and Building staff to discuss the transition to CSG for Building Official, Plan Review, and Code Compliance. I met with AVA to discuss their budget.

There is a sufficient budget to assist the city with cleanup efforts as part of Code. Continued working with Coneth to get pieces of the network working. The current setup is insufficient. Responded to Jessica Johnston's question about how the City came to the $6,500 budget cap. Received a complaint about the parking lot behind Angels Creek Cafe/Cruscos becoming a dumping group for vehicles and trash. Amy identified the three property owners and is coordinating cleanup efforts between Code Enforcement, AVA, Police, and Public Works. Received a complaint regarding several issues at Utica Park. All of the complaints are resolved by projects that are currently in the works or work that Public Works has already done. Scheduled a meeting with CSG (Kick-Off) for City engagement and will be scheduling a Code one soon. Confirmed that the TDA audit will be completed for both years as one audit and have assured the Auditor that any in the future will be much easier to handle. Sent a support letter to the National Endowment for the Humanities, Grant Selection Committee for support in enhancing the operation at the museum (inventory and digitizing). Working on the initial funding for PARs Trust. Completed the information needed for Blackwater for the Water Treatment Plant Upgrade

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 project. Submitted the Federal grant application for the COVID 19 costs through July 1, 2022 ($75k).

Coordinated and got access for staff to two County applications that will help Utility Billing, Planning, and Building. Worked with website consultant to finalize website needs and look to get a draft proposal.

I got confirmation that the City can continue to have remote meeting access, even for Council Members. I received an urgent request from Rebecca N. about the need to program SB1 still remaining by July 1. Worked on resolution and project concept with Rebecca to get an extension and get on the July 5th Council meeting. Worked with Andrea Mata to put Rate Increase, conservation, and arrearage info on the next bills. I created a memo to include information about the upcoming rate increases for Water and Sewer and placed them at City Hall and both post offices. I also updated the City’s Facebook page for the rate increase information.

Fire Update
Major responses: 3 Wildland responses in Copperopolis 1 structure fire in Copper. 2 major Veh accidents in Copper 1 major Veh accident Murphys. Multiple Medical calls in Angels Finalizing weed abatement process. Working on grants for Equipment and PPE, Nate was on vacation all week. Chief was on vacation a partial week and Mark Gonzalez covered as Duty Officer. Two-line employees tested positive for covid and we’re off work Th-Sa. Worked w Michele and Rose on new CSFA and ABH agreements and processes. Meet w Rebecca Assist Michelle with document location to support FD deposits. Complete LT process, confirm the new start date for newly appointed LT 7/3/22 approved in MOU. Confirm timeline on newly ordered SCBAs about 6 wks out. Received new safety gear ordered w grant from 2021 Wildland gear from CalFire grant 50/50
Police Update
Nothing to report
Engineering Update
Nothing
Public Works Update

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Staff finished up monthly meter readings, pressure-reducing valve inspections, and grease trap inspections. Staff spent extra time in Utica park this week cleaning up graffiti, power washing the concrete slab, and fixing fixtures in the restrooms. Staff also mowed Utica Park, the old school house, and Tryon Park. Staff had repaired a service line on Live Oak Drive. Staff also disposed of two dead deer and responded to four work order service requests and one USA digs.

Water/Wastewater Update
Staff continues daily operations and maintenance of treatment plants and the spray fields. The air conditioning unit failed for the UV system control room. Staff had to set up the back backup until it could be repaired. Staff continues bio-solids drying operations and are making good progress. Staff continues training on the maintenance software and are using it to schedule maintenance on plant equipment. This software will print out job tickets as maintenance is due on equipment. The May wastewater report has been completed
Building Update
Worked on the transition between Interwest and CSG for Building and Code enforcement services. Met with California State Parks to further refine the cost and scope for the City's Utica Park Expansion Rural Recreation and Tourism grant application. Coordinated with Ashby/Adams to re-allocate Covid-related Community Development Block Grant funds to allow for their use in constructing new ADA bathrooms at Utica Park and establishing new mechanisms for emergency signage including permanent banner frames and a new changeable message sign. Updated planning and building fees for the new fiscal year.

Finance Update
I worked with Alicia to review 2022-2023 Master Rates effective 7/1/22. Updated the Excel spreadsheet to calculate data increases making it easier to update each year. Analysis of medical insurance comparisons from current PERS Plan to Operating Engineers proposed plan. Continued cleaning up of funds, setting up projects to track expense and match grants.

DAC Update

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 NONE
Museum Update
NONE
City of Angels Council Meeting
JULY 19, 2022 CORRESPONDENCE: B

B. News and Notes the week of June 27, 2022
___________________________________________________________________

RECOMMENDATION
No action is required.

DISCUSSION
It is important for the Council to see and the public to be aware of the work that is done every day by hardworking staff. With COVID, the regular communications and updates ended, while staff has continued to make meaningful progress across all of the City’s functions. The Council will get these weekly reports as there are updates to give.

Administration Update
I was on vacation from June 27-29. I scheduled a meeting with DAC President and Vice President for the 6th after 3 pm. I received two press releases from Nathan Pry to post on Facebook and added them. one from TCU and one from Cal Fire. Received information from Steve VanDenburgh regarding swapping the CRSSA (federal) funds for State funds for road work. I assigned a fee schedule review to Michelle with any factor increases needed. Responded to additional RFP questions for IT RFP. Prepared resolution and master agreement packet for Council for funding swap. I was working with Citygate to schedule meetings with staff and Council. I worked with Andrew Green to strategize on PARs funding given the volatile market.

Fire Update
Major Incidents (1) Fatal Veh. Accident near Carson Hill (1) Veh. Accident w Wildland fire 4@PS (1) Structure Fire , AOA-EPFD Multiple EMS and Air Ambulance assistance. (1) Chief Officer Dx w Covid AMFD E223 to ST at Rices fire. July will be liability assessment month. All SOP-SOG-IIPP-HIPP will be

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 thoroughly reviewed to assure compliance. Put up no firework signs at parks. Increase visibility and patrols over July 4th weekend for illegal FWs or unsafe actions. ACFD is next up on the County Strike Team list. E213 has been stocked for Assignment and is ready to deploy when needed.

Police Update
6-24 thru 6-30-22 81 Calls for Service and Officer Initiated Misdemeanor Arrests (1) Public Intoxication (1) Municipal Code Violation (Park Hours) (1) DUI (1) Domestic Assault Felony Arrests (1) Aggravated Assault Items of Note: 1 Officer still off on workers comp 1 Officer interviewed and is now in the background process Front staff will be out on leave for the next few weeks We have had two vehicles go down over the past few weeks. One returned to patrol on 6/30 and the other is currently at Dodge in Sonora for repairs
Engineering Update
Nothing
Public Works Update
Staff continues with vegetation management this week including mowing the parks, pruning hedges at City Hall and removing a fallen tree on Greenhorn Drive. Staff continues maintenance at Utica Park including power washing the concrete slab, replacing lights in the restrooms, sprinkler repairs and repairing the drinking fountain. Staff did some road patching this week in the Angels Oaks area. They also completed monthly lift station maintenance. Staff installed the new exhaust system on the water utility truck. They also did a water service split at 635 Smith Flat. Staff responded to one work order, four service requests and three USA digs.

Water/Wastewater Update
Staff continues daily operation and maintenance of both treatment plants and the spray fields. Staff worked with Royal Electric to install the new backup power generator at the water treatment plant.

Staff also repaired a leak in the chlorine system piping. Staff also worked with Whittle Electric and ATeam on some P.L.C. communication issues at the wastewater plant. The May stream discharge report has been completed. The new stream discharge permit has been approved and adopted by the State.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Building Update
Worked on the transition between Interwest and CSG for Building and Code enforcement services. Met with California State Parks to further refine the cost and scope for the City's Utica Park Expansion Rural Recreation and Tourism grant application. Coordinated with Ashby/Adams to re-allocate Covid-related Community Development Block Grant funds to allow for their use in constructing new ADA bathrooms at Utica Park and establishing new mechanisms for emergency signage including permanent banner frames and a new changeable message sign. Updated planning and building fees for the new fiscal year.

Finance Update
Completed Springbrook testing with the exception of Payroll. West Adams from Springbrook updated the team that the error with payroll is a known error and we will have to wait until they release the fix for the issue. We are on hold until we hear more from the Springbrook Team but after this fix we should be able to test Payroll and move forward with the upgrade. Submitted final report for the sewer arrearages to the waterboard. Funds have been received and applied to accounts with the amount due back to the State of $3,047.87. Sent correspondence to RAMS requesting bank statements through March 2022, have not had a response from Garden. All missing transactions have been found and recorded, but Cash is out of balance and the JJEsto fix the issue from RAMS errors in posting did not correct all of the accounts. I prepared a new Cash outage spreadsheet for each month and will post the JEs to correct the issue.

DAC Update
Nothing
Museum Update
Martin heading out on vacation. Sent an update to me on 6/30/22 and included a Staffing report (attached). Museum has earned more than $75k for this last fiscal year. Martin is working with Emily Dondero on a grant to help fix the lighting in the Carriage House and Pole Barn. The Native Sons of Placerville have agreed to contract for another year to loan the stagecoach to the Museum.

STAFF REPORT FOR THE CITY OF ANGELS
FEBRUARY 7, 2022
This report serves to inform the City Council and Chief Administrative Officer of the status of the Calaveras Visitors Bureau and Angels Camp Museum.

THE ANGELS CAMP MUSEUM
WHERE WE WERE AND HAVE ACCOMPLISHED SO FAR:

The Calaveras Visitors Bureau went into partnership with the City to take over the operations of the Museum in July 2020.

At that time the City was not sure they would be able to open the Museum due to the ramifications of Covid 19 and limited funds.

The Museum is the main “attraction” in Angels Camp. It made perfect sense for the CVB and Museum to join forces.

The CVB saw the partnership as an opportunity to not only keep the Museum open but enable it to be open seven days a week.

The Museum has been open seven days a week since May 2021.

We want to be known as a constant – You can always rely on sending someone to the Museum.

You know We’ll be Here.

Since the CVB has taken over the Museum operations we have:

Created New Branding.

Created and Purchased New Signage.

Reorganized the New Archive Room and Rearranged the Carriage House.

Assumed all of the Old Timer’s Museum artifacts from Murphys, and Assimilated Them in Our Collection
Added Two Swamp Coolers to the Pole Barn, to Keep it Open During the Summer Months.

New Parking area up Top with Gravel.

Front Roofing Redone in Tin.

Painted the Main Building – Front and Street Facing Side.

New Back Staircase with Handrails, Redesigned and built.

New Mineral Display, with Cases and Lighting.

Concrete pad added to Support the Display in the Pole Barn.

Painted and Constructed Door for the Little Firehouse.

Cleared out and organized the Back Half of the Pole Barn.

Maintenance on all Current Displays.

Created the New Frog Jumping Exhibit - Both Inside and Out with the Grant we Received From the Calaveras Community Foundation.

Created New Agriculture and Ranching Displays.

Cleaned Out and Organized the Swamp Room, Garage and Back of Pole Barn Area.

Thanks to DAC for Their Help With Work Days and Coordinating Dumpsters.

Maintained and Redoing the Landscaping.

Created Free Eductaional Field Trips for Calaveras County School Children.

Worked with the Angels Camp Foundation.

Worked with the Old Timers Museum Foundation.

Staffed the Museum with Employees and Docents.

Facilitated the Ore Car Placement in Downtown Angels.

And Total Bonus - We Won ACBA’s Light Up The Night contest!

WHERE WE CURRENTLY ARE AND WHERE WE WOULD LIKE TO BE:

The Museum Continues to Go from Strength to Strength.

We are on Target to Reach our Financial Goal by the end of the Fiscal Year.

We are Working on Two New Grants from the CCF– The Renovation of the Firehouse and Calaveras Voices, A Compilation of Oral Histories Recorded on Video of a Group of our Community Elders. These interviews will be cut into a film and projected for our community.

We continue to develop new items for the gift shop and still concentrate on Calaveras made products.

We are in the process of hiring a new CVB/ Museum Employee.

I attended virtual trade shows showcasing the City and the Museum to potential visitors.

We are actively protecting and enhancing our history for the enjoyment and education of our locals and visitors alike. We are on an upward trajectory with both admissions and enthusiasm.

Our goal is to maintain the momentum and get more local engagement.

There is a laundry list of items we would like to fix, improve and develop. We are confident that with our continued commitment we will accomplish our goals this year.

They include:

Working with the Fairgrounds (and DAC) for
The Frog Jump Exhibit Grand Opening on April 30th.

Repair our Paths at the Bottom of the Property.

Look into Moving the Little White House on the Old Swendeman’s Property.

An Electric Gate Installed at the top of the Property.

Refurbish the Model Railroad and make it Operational at the Back of the Pole Barn.

We need to Complete the Signage in the New Exhibits in the Pole Barn.

We would like to Update our Security Cameras and Their Coverage of the Museum..

Improvement of our Parking Area Fencing.

Completely Redoing the Watering System.

Our goal is to run the Museum as a more self-sufficient business. Only going to the City for help when it’s absolutely necessary, as with the recent removal of the dangerous large trees.

We would like the opportunity to show the Council and CAO all of the updates first-hand. Please drop by the Museum any time. We’re open from 10am-4pm Everyday.

We Look Forward to Seeing You Here!

THE CALAVERAS VISITORS BUREAU
WHERE WE WERE AND HAVE ACCOMPLISHED SO FAR:

The CVB has had a challenging time over the past two years during the course of the pandemic.

It’s been an unprecedented time for all destination marketing organizations. We have navigated this time with the goal of respecting all of the CDC and County/City guidelines throughout the past two years. We have bridged the delicate balance between having visitors in the county whilst respecting our locals health concerns.

The pandemic has opened our area to a whole new group of visitors. We have been discovered by people who would not normally have ventured into our area. People want wide open spaces where they feel safe. We tick all the boxes and see that there’s a steady influx of returning visitors.

Our goal for this next year is to continue to spend our marketing dollars wisely. Our focus will be on local events which currently rates as the number one draw on our website. People looking for things to do whilst in the area.

We have focused our efforts a lot more in Sacramento where we found that 49% of our visitors that view our website are from.

We have expanded our office in a partnership with the Calaveras Winegrape Alliance.

We share office space in Murphys so we can tell visitors what else there is to do in the area.

WHERE WE WOULD LIKE TO BE:

We are right target with where we should be at the moment. Our TOT is doing really well, both in the City and County. We have honed our marketing to include more in county representation, and I would like to start looking at creating more visitor friendly infrastructure.

Which leads us to being adamant about better wayfaring signs for our visitors. We’d like to recreate the ore car motif at the entrances to the county and put a substantial sign in keeping with that theme at the Intersection of Highway 4 &49 that indicates that Historic Downtown Angels Camp is to the right. Visitors stopping at that intersection don’t know that we exist unless they magically decide to turn right.

I look forward to your thoughts.

Thank You For Your Time and Support.

Best,

THE CVB/MUSEUM TEAM
City of Angels Council Meeting
JULY 19, 2022 CORRESPONDENCE: C

C. News and Notes the week of July 4, 2022
___________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: July 14, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR THE WEEK OF JULY 4, 2022

RECOMMENDATION
No action is required.

DISCUSSION
It is important for the Council to see and the public to be aware of the work that is done every day by hardworking staff. With COVID the regular communications and updates ended, while staff has continued to make meaningful progress across all of the City’s functions. The Council will get these weekly reports as there are updates to give.

Administration Update
Met with CSG and City staff to discuss process and workflow to maximize efficiency. CSG made some suggestions to some of the City fee structures to make it easier on staff and the applicant. Additionally, they are sending some examples for business licensing forms and setting up a demo for their Building Permit system. Had a meeting with Citygate to discuss the next steps and project schedule for Phase II.

Met with DAC Executive members to discuss next steps for DAC to build out a scope that works within the strategic plan (phase I), met with UWPA JPA to discuss water sales contract, coordination of projects, and other items that help facilitate better workflow between agencies. Finalized the website scope and signed the agreement to begin immediately. Signed the GovInvest agreement per budget.

Submitted CRRSSA Master Agreement subsequent to Council approval to swap federal for state funding.

Worked with Chris O'Flinn and Dave Richards to review Condor Groundwater Monitoring report and contract for services for the same the following year. Submitted LTF claim to CCOG.

Fire Update

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Patrol for fireworks violations Participated in all meetings for 6-7 hours on 7/4 regarding Electra Fire, ongoing updates, and resource planning. Working w OES and CalFire area coordinator. Up staff, Both Stations due to Electra Fire Start on 7/4 7/411 pm send out ACFD engine on County Team to Electra Fire, expected minimum 7day assignment. Also, sent out AMFD Water Tender and Battalion Chief to Electra Fire Check in daily w meetings w CalFire, OES and LG chiefs regarding Electra Fire, update City Admin. Participate in the interview process at Copper Fire for new hire Captains and Engineers. E213 returning from Electra Fire 7/7 about 1800.

Police Update
Nothing this week
Engineering Update
Nothing this week.

Public Works Update
Staff continued with sewer line maintenance this week including hydro-flushing and grit removal. They also repaired a water service leak at 783 Leaf Ct. Staff removed the Farmers Market banner and replaced it with the Bear Valley Music Festival banner. Staff had to repair solenoid valves for the irrigation system in Utica Park. Staff continues to have to power wash the covered area in Utica Park every week. Staff also had to remove a fallen tree and a dead deer on Selkirk. All staff completed antiharassment training this week. Staff responded to five service requests, four work orders, and one USA dig.

Water/Wastewater Update
Operation and maintenance of both treatment plants and spray fields are ongoing. Staff began sending reclaimed water to Greenhorn Creek this week. Staff had to do repairs on the aerobic digester blower system and replace a polymer pump on the belt filter press at the wastewater plant this week. Staff also worked with contractors to wrap up the installation and start-up of the new generator at the water plant. Staff also repaired a leak in the domestic pump system at the water plant. Staff has started on the anti-harassment training and will complete it next week. The June water report has been completed.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Building Update
Building and Planning worked on transitioning to SCG from Interwest. Staff met the new SCG team. SCG hit the ground running on 7/8. Lots of new ideas to pursue related to streamlining our fee schedule for minor building permits. Planning completed draft NEPA for the Utica Park bathrooms and generator through the CDBG program. Met with Habitat for Humanity. H4H has hired a project manager. Their application to commence infrastructure improvements has been placed on hold until September when she gets up to speed. Permit extensions for H4H will go before the Planning Commission in August. The July Planning Commission meeting was canceled.

Finance Update
The week was full of research and clean-up. I was able to get the bank reconciliations for July – March from RAMs to finish reconciling now that all missing transactions have been posted. Worked with Caytlyn to send out letters to First Time Homebuyers to send required annual documents to the City.

There were five active accounts we needed to notify and check for residency. Made prepayment for CalPERS with Rose online on 7/6/22. Andrea pointed out that Civic Pay now offers online payments for Permits & Fees. This may be a good solution to move from taking credit card payments in person at City Hall to reducing the number of fees paid annually. Spoke with Alicia regarding exporting from her software and importing into Springbrook to allow for customers to go online and pay Building and Planning fees. I am reaching out to the Springbrook team helping with the migration to the cloud to see if they are familiar with this new feature. We will then do some testing from both systems to see how the fees would import.

Museum Update
Nothing to report.

Angels Camp City CouncilJuly 19, 2022

Angels Camp City Council
July 19, 2022