Agenda packet — Angels Camp City Council, December 6, 2022 (part 1 of 2)

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

CITY OF ANGELS

CITY COUNCIL AMENDED AGENDA
December 6, 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 Labor Negotiators (Gov’t Code Section 54957.6), Agency Designated Representative: Rebecca Callen, City Administrator Employee Organization: Angels Camp Police Officers Association

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

1. OATH OF OFFICE, RETURNING ELECTED OFFICICALS

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION
A. Conference with Labor Negotiators (Gov’t Code Section 54957.6), Agency Designed Representative: Rebecca Callen, City Administrator Employee Organization: Angels Camp Police Officers Association

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

6. 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.

7. CONSENT AGENDA
A. November 15, 2022, Draft Minutes, Rose Beristianos, City Clerk B. Approve Amended Resolution No. 22-23, a Resolution Approving an Amendment to the Standard Agreement for the 2020 Community Development Block Grant Program Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3 NOFA Dated December 18, 2020, Rose Beristianos, City Clerk

8. REGULAR AGENDA
A. PUBLIC HEARING: Second Hearing to Consider Adopting Ordinance 533 Updating the City Building Codes Chapter 15.04 of the City of Angels Municipal Code (AMC) to Remove Section inconsistent with the California Building Codes, Adopt the 2022 California Building Codes Effective January 1, 2023 and Add the 2021 International Property Maintenance Code and its 2024 Update, Amy Augustine, City Planner I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
B. Approve Resolution No. 22-79, Awarding a Contract and Authorizing the City Administrator to Execute said Contract fir Preparing the All Hazards Planning Codes Updates, Amy Augustine, City Planner C. City Council Acceptance of and Approval of Resolution No. 22-84, Budget Adjustment for $100,000 Grant, Awarded to the Angels Camp Police Department from Private Non-Profit Organization, Wings of Freedom Foundation, Scott Ellis, Cief of Police
D. PUBLIC HEARING: Second Hearing to Discuss the California State Mandated Water Shortage Contingency Plan, Impacting Water Use and Measures, During Water Shortage Conditions within the City of Angels, and Approve Resolution No. 22-85, Rebecca Callen
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Hearing
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 Home of the Jumping Frog • Angelscamp.gov
E. Approval Resolution No. 22-80, Amending the Dewberry Contract in the Amount of $209,920 for Construction Management Due to Murphys Grade Road Performance Period Being Extended by 152 days, Rebeca Callen, City Administrator
F. Approval of Relinquishment Agreement for State Route 49 Sidewalks Between the Department of Transportation (CALTRANS) and the City of Angels, Rebecca Callen, City Administrator G. Discussion and Approval of the City Administrator to Submit Projects on Behalf of the City of Angels to be Evaluated for the Small Community Drought Relief Program and Approve Resolution No. 22-81 Storage Tank Project and Resolution No. 22-82 SMART Meter Upgrade, Rebecca Callen, City Administrator H. Discussion and Direction on Prioritization of Code Compliance and Current Case Load, Rebecca Callen, City Administrator
I. Discussion on Quarter 1, 2022-23 Financials, Rebecca Callen, City Administrator J. Approve Resolution No. 22-82, of the City Council of the City of Angels Reciting the Facts of the Consolidated General Election Held on Tuesday, November 8, 2022 Declaring the Results and Other Matters Required by Law, Rebecca Callen City Administrator

8. ADMINISTRATION REPORT

9. COUNCIL REPORT

10. CORRESPONDENCE
A. News and Notes the Week of November 7, 2022
B. News and Notes the Week of November 14, 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 HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

DRAFT MINUTES OF THE JOINT MEETING OF CITY OF ANGELS
CITY COUNCIL and THE ANGELS CAMP PLANNING COMMISSION
November 15, 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 (ABSENT) Alvin Broglio Vice Mayor (ABSENT) Jennifer Davis-Herndon Council Members (ALL PRESENT) Gretel Tiscornia, Isabel Moncada, Caroline Schirato Planning Commissioners (PRESENT) John Broeder, (PRESENT) Gary Gordon, (PRESENT) Robert Moncada, (ABSENT) Kristopher Klerk, (PRESENT) Joseph Whittle
City Administrator (PRESENT) Rebecca Callen City Attorney Doug White (NOT REQUESTED TO ATTEND) 6:00 p.m. JOINT MEETING BETWEEN CITY COUNCIL AND THE PLANNING COMMISSION

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: COUNCIL MEMBER SCHIRATO MOTIONED TO APPROVE, SECONDED BY COUNCIL MEMBER MONCADA, AND PASSED 8 YES, 2 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 Home of the Jumping Frog • Angelscamp.gov

5. REGULAR AGENDA
A. Discussion of the Code Compliance Efforts in the City Since Brining on CSG and Implementing the Educational and Administrative Process

PRESENTATION FROM CSG

ROUND TABLE DISCUSSION BETWEEN COUNCIL AND PLANNING COMMISSIONERS

PUBLIC COMMENT FROM MATT STAMMERJOHN

PLANNING COMMISSIONER MONCADA LEFT THE MEETING, BEFORE THE ADJOURNMENT

6. ADOURNMENT OF JOINT MEETING
THE JOINT MEETING ADJOURNED AT 7:38PM

BEGIN REGULAR COUNCIL AGENDA

1. ROLL CALL – NO CHANGE

2. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: COUNCIL MEMBER MONCADA MOTIONED TO APPROVE, SECONDED BY COUNCIL MEMBER TISCORNIA, AND PASSED, 4 YES, 1 ABSENT

3. PUBLIC COMMENT - NONE

4. CONSENT AGENDA
A. Approval of November 1, 2022, Draft Minutes
B. Monthly AP Checks Issued for October 2022, Michelle Gonzalez, Finance Director ACTION: MOTION TO APPROVE THE CONSENT CALENDAR BY COUNCIL MEMBER MONCADA, SECONDED BY COUNCIL MEMBER SCHIRATO, AND PASSED 4 YES, 1 ABSENT

5. REGULAR AGENDA
A. PUBLIC HEARING: Introduce, Waive the First Reading, Hold a Public Hearing and Set December 6, 2022, for a Second Public Hearing to Consider Adopting Ordinance 533 Updating the City Building Codes, Amy Augustine, City Planner
I. Receive Staff Report - GIVEN
II. Open Public Hearing - OPENED
III. Receive Public Comment - NONE
IV. Close Public Hearing – CLOSED
DECEMBER 6TH, SET FOR SECONDED HEARING
B. Approve Resolution No. 22-76, Adding the three Buildings Located on Assessor’s Parcels 062-004-008 and 062-004-009 to the City of Angels Register of Cultural Resources, Amy Augustine, City Planner ACTION: COUNCIL MEMBER MONCADA MOTIONED TO APPROVE RESOLUTION NO. 22-76, SECONDED BY COUNCIL MEMBER SCHIRATO, 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 Home of the Jumping Frog • Angelscamp.gov
C. Approval of Amendment No. 2 to agreement for Professional Consulting Services with Blackwater Consulting Engineers for Design of Facility Improvements at City Water Treatment Plant, and Approve Resolution Amending the 2022/23 Budget for the Water Treatment Plant Improvement Project, Rebecca Callen, City Administrator
ACTION: VICE MAYOR MEMBER MOTION TO APPROVE AMENDMENT NO.2 AGREEMENT, AMENDMENT TO 2022/23 BUDGET AND RESOLUTION NO. 22-77, SECONDED BY COUNCIL MEMBER MONCADA, AND PASSED 4 YES, 1 ABSENT
D. PUBLIC HEARING: Introduce, Waive the First Reading, Hold a Public Hearing and Set December 6, 2022, for a Second Hearing To Discuss the California State Mandated Water Shortage Contingency Plan, Impacting Water Use and Measures During Water Shortage Conditions withing the City of Angels, Plan to be Approved Before December 31, 2022, Rebecca Callen
I. Receive Staff Report - GIVEN
II. Open Public Hearing – OPENED
III. Receive Public Comment –

JOE WHITTLE ASKED ABOUT WATER USE, AND STORAGE
IV. Close Public Hearing – CLOSED
SECOND READING SET FOR DECEMBER 6TH, 2022
E. Approve Resolution No. 22-78, Approve the Side Letters with The City of Angels Employee Association, The Angels Camp Firefighters Association, and The City of Angels Police Officers Association Granting Cell Phone Stipends to Employees not Already Covered Under the Current MOUs and Correcting the Holiday Stipend Payment to Confirm to CalPERS Requirements, Rebecca Callen, City Administrator ACTION: COUNCIL MEMBER MONCADA MOTION TO APPROVE RESOLUTION NO. 22-78, SECONDED BY COUNCIL MEMBER TISCORNIA, AND PASSED 4 YES, 1 ABSENT

6. ADMINISTRATION REPORT - GIVEN

7. COUNCIL REPORT – ALL REPORTED OUT

8. CORRESPONDENCE
A. News and Notes the Week of October 24, 2022
B. News and Notes the Week of October 31, 2022

9. CALENDAR -DISSCUSSED

10. ADJOURNMENT
ACTION: COUNCIL MEMBER MONCADA MOTIONED TO ADJOURN THE MEETING AT 8:38PM, SECONDED BY COUNCIL MEMBER TISCORNIA, AND PASSED 4 YES, 1 ABSENT

________________________
________________________ Alvin, Broglio, Mayor
Rose Beristianos, CIty Clerk

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite A, Angels Camp, CA 95222 P: (209) 736-2181 Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon • Council Members Caroline Schirato, Gretel Tiscornia, Isabel Moncada
City Administrator Rebecca Callen • City Attorney Doug White, Churchwell White, LLP DATE: December 6, 2022
TO: City Council
FROM: Rose Beristianos, City Clerk
RE: APPROVE RESOLUTION NO. 22-33 (AMENDED), TO THE STANDARD AGREEMENT FOR THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CORONAVIRUS RESPONSE ROUND 2 AND 3 (CDBG-CV2 AND CV3) NOFA DATED DECEMBER 18, 2020

RECOMMENDATION
Adopt the amended Resolution No. 22-33. The City’s Community Development Block Grant (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 at Utica Park.

DISCUSSION
Lauren Pollick the Grant Administrator advise us that a correction was needed. The corrections made were, the award numbers to add in CV2-3 to each number and changed the beginning of the sentence under amended provisions. The total amount was removed as it may have confused LAD.

PREVIOUS BACKGROUND
The City was allocated Covid Relief Funds (aka CARES Act) through three Community Development Block Grants.

The second of these was CV-2 in the amount of $197,520 to be used for small business support in the form of grants and loans in response to Covid. The third grant was CV-3 in the amount of $49,941 to upgrade the Utica Park Kitchen to meet commercial standards so that facility could operate as a commercial kitchen serving the public during emergencies. These funds must be spent prior to 12/31/23.

Destination Angels Camp was to implement the programs. However, it was determined that DAC could not undertake federal procurements (for the kitchen), therefore City Staff took on implementing the Utica Kitchen upgrade grant (APA Task Order). To date, a refrigerator and freezer and new shelving has been purchased and installed at the kitchen. The procurement process was completed and a contractor selected to install a generator for the kitchen. Pending completion of an environmental document, the generator award will be brought to the City Council for approval and installation.

For the third grant, guidelines for expending the funds followed the grant award by many months. Upon the release of the implementation guidelines, DAC determined that it would be required to operate as a bank in

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite A, Angels Camp, CA 95222 P: (209) 736-2181 Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon • Council Members Caroline Schirato, Gretel Tiscornia, Isabel Moncada
City Administrator Rebecca Callen • City Attorney Doug White, Churchwell White, LLP order to provide the loans and grants under the CV-3 program and withdrew. The City’s options are to return funds under CV-3 or find an alternative use. In upgrading the Utica Park kitchen to commercial status, the City was informed that nearby bathrooms are required for a commercial kitchen. Therefore, staff is recommending using CV-3 to construct new ADA bathrooms at the park (2 stalls).

FINANCIAL IMPACT
The City will receive the full $247,461 in CARES Act funding under the Round 2/3 grant program under this proposal. No general fund monies are proposed.

ATTACHMENTS

1. Amended Resolution No. 22-33

2. Original Signed Resolution No. 22-33
RESOLUTION NO. 22-33 [AMENDED]

A RESOLUTION APPROVING AN AMENDMENT TO THE STANDARD
AGREEMENT FOR THE 2020 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM CORONAVIRUS RESPONSE ROUND 2 and 3 (CDBG-CV2 and CV3) NOFA DATED DECEMBER 18, 2020
BE IT RESOLVED by the City Council of the City of Angels as follows:

SECTION 1:

The City Council has reviewed and hereby approves the submission to the State of California (“State”) of one or more amendments to its existing CDBG-CV2 and CV3 Standard Agreement with the State numbered 20-CDBG-CV2-3-00247 and 00262 (the “Standard Agreement”) pursuant to the State’s December 2020 CDBG-CV2 and CV3 Notice of Funding Availability (NOFA). The reviewed and approved amendment(s) are presented in Section 2 of this Resolution.

SECTION 2:

The following amendments to the Standard Agreement have been reviewed and approved by the City Council with acknowledgement that all provisions of the Standard Agreement other than those shown in the tables below shall remain unmodified.

Existing Section Reference (if applicable):

Existing Provision:
20-CDBG-CV2-3-00247 Microenterprise: $197,520.00
20-CDBG-CV2-3-00262 Kitchen Improvements ): $49,941.00
(Refrigeration and Generator)
Amended Provision:
20-CDBG-CV2-3-00247 Kitchen Improvements: $197,520.00
Change of activity to Public Facility Improvements including the construction of ADA bathrooms required for the commercial kitchen. (Bathrooms in close proximity to the kitchen are required to achieve a commercial kitchen approval. A commercial kitchen is necessary to support the community during emergencies, including Covid).
20-CDBG-CV2-3-00262 Kitchen Improvements: $49,941.00
(Refrigeration and Generator)
SECTION 3:

The City acknowledges compliance with all state and federal public participation requirements with respect to the proposed amendments to the Standard Agreement described in Section 2 above.

SECTION 4:

The City hereby authorizes and directs the City Administrator, or designee*, to execute and deliver all applications and/or amendments and act on the City's behalf in all matters pertaining to all such applications and/or amendments.

SECTION 5:

If an amendment to the Standard Agreement is approved as contemplated above, the City Administrator, or designee*, is authorized to enter into, execute, and deliver an amendment to the Standard Agreement and any and all other documentation which may be required by the State from time to time for the purposes of this grant.

SECTION 6:

If an amendment to the Standard Agreement is approved the City Administrator or designee, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with this grant.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Angels held on December __. 2022 by the following vote:

AYES: _______ NOES: _______
ABSENT: _______ ABSTAIN: _________
____________________________________
Alvin Broglio, Mayor
City of Angels City Council

STATE OF CALIFORNIA
City of Angels
I, Rose Beristianos, City Clerk of the City of Angels, State of California, hereby certify the above foregoing to be a full, true, and correct copy of a resolution adopted by said City Council of this ___ day of December 2022.
______________________________________
Rose Beristianos, City Clerk of the
City of Angels, State of California
RESOLUTION NO. 22-33

A RESOLUTION APPROVING AN AMENDMENT TO THE STANDARD
AGREEMENT FOR THE 2020 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM CORONAVIRUS RESPONSE ROUND 2 and 3 (CDBG-CV2 and CVS) NOFA DATED DECEMBER 18,2020
BE IT RESOLVED by the City Council of the City of Angels as follows:

SECTION 1:

The City Council has reviewed and hereby approves the submission to the State of California ("State") of one or more amendments to its existing CDBG-CV2 and CVS Standard Agreement with the State numbered 20-CDBG-CV2-3-00247 and 00262 (the "Standard Agreement") pursuant to the State's December 2020 CDBG-CV2 and CVS Notice of Funding Availability (NOFA). The reviewed and approved amendment(s) are presented in Section 2 of this Resolution.

SECTION 2:

Existing Section Reference {if applicable):

Existing Provision:

Microenterprise: $197,520.00
Kitchen Improvements [Refrigeration and Generator): $49,941.00 Total: $247,461
Amended Provision:

Remove Microenterprise: (Reduce from $197,520 to $0.00) Amend the Kitchen Improvements to increase the budget: (Increase from $49,941 to $63,840) - See Attachment A.

Add construction of ADA bathrooms required for a commercial kitchen. Bathrooms in close proximity to the kitchen are required to achieve a commercial kitchen approval. A commercial kitchen is necessary to support the community during emergencies, including Covid. ($183,621 - See Attachment A).

Kitchen Improvements: $63,840.00
Bathrooms: $183,621.00
Total: $247,461
SECTJ.QN3:

The City acknowledges compliance with all state and federal public participation requirements with respect to the proposed amendments to the Standard Agreement described in Section 2 above.

SECTION 4:

SECTIONS:

SECTION 6:

If an amendment to the Standard Agreement is approved, the City Administrator or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with this grant.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Angels held on July 5, 2022, by the following vote:

L
AYES:

ABSENT: 4
NOES:

ABSTAIN:

Alvin Broglio, Mayor
City of Angels City Council

STATE OF CALIFORNIA
City of Angels
1, Rose Beristianos, City Clerk of the City of Angels, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 5^*^ day of July, 2022 .

Rose Beristi s, City Clerk of the
City of Ang^, State of California
By:

Rose Beristianos, City Clerk

ATTACHMENT A

ATTACHMENT A
CV-2-3
Budget Amendment
Kitchen ■ CV 2-3 00262
Item Existing Proposed
Commercial reFrigeration and delivery $7,291.00 $8,540.00 Generator purchase and installation, panel upgrade $25,000.00 $35,000.00 Cookware/serve ware $5,000.00 $15,000.00
Safety equipment/signage $3,000.00 $3,000.00
U^rades to meet County standards fshelvinfil
$0.00 $2,300.00
$40,291.00 $63,840.00
Bathroom (2 stalls -ADA) - CV 2/3 00247
Item Proposed Cost
Plans 3,500.00
Grading 2,800.00
Slab 7,500.00
Apron/flatwork 3,000.00
Lumber 3,200,00
Siding 4,200.00
Carpentry 5,600.00
Finish/Site Supervisor 2,500.00
Sheetrock 2,000.00
Hot water 3,500.00
Lighting 500.00
Plumbing 9,500.00
Insulation 800.00
Toilets, Urinal, Sinks (Fixtures)
Commercial ADA Door
3,000.00
1,400.00
Seat concrete floor 500.00
Electrical 4,800.00
Paint 2,800.00
Gutters 1,200.00
Roof 3,200.00
Tie-in to existing utilities 2,000.00
Subtotal each 67,500.00
Overhead/Prevailing Wage 20% 13,500.00
Total each 81,000.00
X2 162,000.00
Contingency 5,000.00
TOTAL $167,000.00
Admin (CV 2/3): $16,621
TOTAL (CV 2/3): $247,461.00

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Building Code 15.04 Amendments Page - 1
DATE: November 15, 2022
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Ordinance 533 to amend Chapter 15.04 of the City of Angels Municipal Code (AMC) to remove sections inconsistent with the California Building Codes, adopt the 2022 California Building Codes effective January 1, 2023, and add the 2021 International Property Maintenance Code and its 2024 update

RECOMMENDATION
Introduce, waive the second reading, hold a public hearing, adopt Ordinance 533 updating the City Building Code.

BACKGROUND/DISCUSSION
Planning Commission Resolution of Intent 22-25 Attachment A details the proposed changes to AMC Chapter 15.04. The Planning Commission recommended approval of the changes at its November 10, 2022. The City Council introduced the ordinance, waived the first reading and set December 6, 2022, for the second reading and to consider adoption.

The City of Angels Building Code is comprised of 12 separate volumes:

1. CA Administrative Code

2. CA Building Code

3. CA Residential Code

4. CA Electrical Code

5. CA Mechanical Code

6. CA Plumbing Code

7. CA Energy Code

8. CA Historical Code

9. CA Fire Code

10. CA Existing Building Code

11. CA Green Building Code

12. CA Referenced Standards Code
The California Building Codes (California Code of Regulations, Title 24) are published on a triennial basis. The last issue was dated 2019. The 2022 code is scheduled to go into effect on January 1, 2023. California State Law mandates that local governments enforce these updated regulations provided for in the CA Building Standards Code. The proposed ordinance complies with state law.

The City of Angels Code Compliance officer has also requested the addition of the 2021 International Property Maintenance Code (IPMC). This code is updated triennially. The 2021 IPMC will be updated in 2024. Calaveras County, Tuolumne County, Amador County, the City of Jackson, Ione, etc. include the International Property Maintenance Codes as part of their building codes.

In addition to triennial updates, a comprehensive review of Chapter 15.04 by the City Building Official Building Code 15.04 Amendments Page - 2
identified areas where the City code conflicts with the CA Building Codes and recommends changes or deletions highlighted in Planning Commission Resolution of Intent 22-25 Attachment A. These include, in summary:
• Deleting permit expiration for non-activity. These are addressed in state codes. The state has been amending these in association with efforts encouraging housing production (e.g., increased permit expiration from 6 months to 12 months). • Fees. The City is reviewing and expects to update Building fees. The proposed code changes will simplify those efforts.
• Cross referencing other city requirements commonly required in conjunction with a building permit (e.g., water and sewer hook-ups, encroachment permits). This assists the public in recognizing other potential costs and permits that may be associated with construction. • Building official liability (CBC A 104), temporary occupancy (CBC 111.1, CA Residential Code R110.4) are addressed in the California Building Code. They are proposed for removal to avoid conflicts between city and state codes.

The City of Angels Planning Commission considered Resolution of Intent 22-25 for these changes at its November 10, 2022, meeting. Their recommendation(s) will be provided to the City Council at the Council meeting.

ANALYSIS
Angels Municipal Code Section 15.04.024 allows for amendments to Title 15 by City Council resolution.

Generally, such amendments are limited to simple updates to adopt the current building code changes triennially. However; because changes in addition to the usual triennial updates are being undertaken here, the proposed changes are being accomplished by ordinance.

Pursuant to AMC Section 17.90.040, the following findings are required for amendments:

Finding A and B: The proposal conforms with the City's General Plan and Municipal Code The proposed amendments will implement the following general plan policies and programs:

Program 1.A.b Continue to Conduct Reviews of the Angels Camp Municipal Code and General Plan for Consistency
Program 2.B.a Undertake a Comprehensive Update to the City of Angels Municipal Code The proposed changes will bring Chapter 15.04 into compliance with state regulations and remove inconsistencies between local and state regulations consistent with the general plan and the City of Angels Municipal Code. Therefore, Findings A and B can be made.

Finding C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city
The proposed changes are being undertaken to comply with state regulations related to health and safety of buildings. Therefore, the proposed changes are not substantially detrimental to the health, safety and general welfare of the City and Finding C can be made.

Building Code 15.04 Amendments Page - 3

ENVIRONMENTAL FINDINGS
The proposed changes to Title 15 of the Municipal Code are exempt from environmental review pursuant to Section 15061(b)(3) of the state guidelines for implementation of the California Environmental Quality Act (CEQA) because the project is an update to state regulations for compliance with existing state law.

Therefore, it can be seen with certainty that the project will have no potential for causing a significant effect on the environment therefore, the activity is not subject to CEQA.

FISCAL IMPACT
None.

ATTACHMENTS
A. Planning Commission Resolution of Intent 22-25 with Redline/Strikeout of proposed code changes B. Ordinance 533 with “clean” copy of proposed Chapter 15.04 Building Code 15.04 Amendments Page - 4

ATTACHMENT A

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION OF INTENT NO. 22-25

RESOLUTION OF INTENT OF THE CITY OF ANGELS PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL AMENDING CHAPTER 15.04 OF THE CITY OF ANGELS MUNICIPAL CODE TO REMOVE SECTIONS INCONSISTENT WITH THE CALIFORNIA BUILDING CODES, ADOPT THE 2022 CALIFORNIA BUILDING CODES EFFECTIVE JANUARY 1, 2023, AND ADD THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND ITS 2024 UPDATE
WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section 17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and WHEREAS, the Planning Commission considered the item at a duly noticed public hearing on November 10, 2022; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan with the changes proposed; and
WHEREAS, the proposed changes are consistent with the City’s Municipal Code with the changes proposed; and WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA) Section 15061(b)(3); NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council adopting the proposed changes to Chapter 15.04. In accordance with the City Standards and State Law and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on November 10, 2022, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 10th day of November, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder, Chairman
Caytlyn Schaner, Deputy City Clerk
Building Code 15.04 Amendments Page - 5
Attachment A to Resolution of Intent 22-25
Building Code 15.04 Amendments Page - 6

INSERT REDLINE/STRIKEOUT HERE
Chapter 15.04

UNIFORM CODES--BUILDING PERMITS
Sections:

15.04.010 Title.

15.04.020 Adoption.

15.04.025 Amendments.

15.04.030 Definitions.

15.04.040 Nonliability of building official.

15.04.045 Building application expirations.

15.04.050 Fees.

15.04.060 Fees for public agencies.

15.04.070 Temporary power permit--Requirements.

15.04.080 Temporary power permit--Supplying power without.

15.04.090 Temporary occupancy.

15.04.100 Encroachment Permit Required.

15.04.110 Public Sewer and Public Water connection required for prior to occupancy.

15.04.010 Title.

The ordinance codified in this chapter shall be known and may be cited as the "City of Angels Building Code Ordinance." (Ord. 349 (part), 1996: Ord. 237 §3, 1980)

15.04.020 Adoption.

Pursuant to Health and Safety Code Sections 17958 and 18941.5, the following codes, and as may amended, are adopted by reference, except for the fee schedules therein which shall be as set forth in the City of Angels Master Fee Schedule:

A. 2019 2022 California Administrative Code, Title 24, Part 1; B. 2019 2022 California Building Code, Title 24, Part 2; C. 2019 2022 California Residential Code, Title 24, Part 2.5; D. 2019 2022 California Electrical Code, Title 24, Part 3; E. 2019 2022 California Mechanical Code, Title 24, Part 4; F. 2019 2022 California Plumbing Code, Title 24, Part 5; G. 2019 2022 California Energy Code, Title 24, Part 6;
H. 2019 2022 California Historical Code, Title 24, Part 8; I. 2019 2022 California Fire Code, Title 24, Part 9;
J. 2019 2022 California Existing Building Code, Title 24, Part 10; K. 2019 2022 California Green Building Standards Code, Title 24, Part 11; L. 2019 2022 Referenced Standards Code, Title 24 Part 12; M. The 2021 International Property Maintenance Code, and as it will be amended in 2024; with the following amendments:

1. “Code enforcement official” as referenced throughout, shall be the same as the code enforcement officer or code compliance officer as specified in the City of Angels Municipal Code;

2. Section 101.1 shall specify the jurisdiction as the “City of Angels”,

3. Excluding Sections 103, 104, 107, 108, 111, 302.4, 302.8, 304.14, 305.3, 307, 605.2, and Chapter 8 and amending Section 102.3 to read as follows: "Repairs, additions, alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the adopted versions of the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Fire Code, and California Electrical Code. Nothing in this Code shall be construed to cancel, modify, or set aside any provisions of the City of Angels Municipal Code. Enforcement procedures not specified in the Code shall be carried out in compliance with the City of Angels Municipal Code. Provisions of this code in conflict with California housing laws are superseded by California law.” Including the appendix appendices and chapters attached thereto unless otherwise expressly excepted above. (Ord. 490, 2019: Ord. 479, 2017: Ord. 463, 2014: Ord. 449, 2011: Ord. 442, 2010; Ord. 433, 2008: Ord. 417 (part), 2004: Ord. 397, 2003: Ord. 368 (part), 1999: Ord. 349 (part), 1996:

Ord. 304A, 1992; Ord. 304, 1989; Ord. 294, 1988; Ord. 237 §2, 1980)

15.04.025 Amendments.

Amendments set forth in this title may be changed by resolution of the city council of the city of Angels. (Ord. 417 (part), 2004)

15.04.030 Definitions.

Whenever the following words appear in the codes listed in Section 15.04.020, they shall be as defined within the applicable code with the following amendmentsdeemed to mean as follows:

A. "Building official" or "administrative authority" includes the term "building inspector." B. "Chief electrical inspector" means the City building official or building inspector.

C. "Chief of the fire department" means the City of Angels fire chief or his or her designeethat person designated as fire chief of the city volunteer fire department.

D. "City" means the incorporated portions of the city City of Angels, California.

E. "City attorney" means the city City of Angels city attorney.

F. "City council" means the city council of Angels, CaliforniaCity of Angels City Council.

G. "County" means the county of Calaveras County.

H. "Electrical inspector" means the City building official or building inspector.

I. "Mayor" means the mayor of the city City of Angels or the person legally authorized to act in his/her behalf.

J. "Person" means and includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate or any other group or combination acting as a unit.

K. "State" means the state of California. (Ord. 349 (part), 1996: Ord. 237 §4, 1980)

15.04.040 Nonliability of building official.

The building official and any employee charged with the enforcement of this code, acting in good faith, without malice in the discharge of his duties, shall not thereby render themselves liable personally, and they are relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or by reason of any act or omission in the discharge of their duties. Any suit brought against the building official or employee, because of such act or omission performed by him in the enforcement of any provisions of this code, shall be defended by the city until final termination of the proceedings. (Ord. 349 (part), 1996: Ord. 237 §5, 1980)

15.04.045 Building application expirations.

A. Time Limits--Renewals--Refunds.

1. Applications for which a permit is not approved, due to the applicant’s failure to provide requested information and/or revisions, within one hundred eighty days following the date of application shall expire at the end of such period, and plans submitted for checking may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding an additional one hundred eighty days upon written request by the applicant, prior to the date of expiration, showing that circumstances beyond the control of the applicant have prevented earlier action.

2. Applications which have been approved for issuance and permits prepared, but not issued within one hundred eighty days of the date which said permit has been approved for issuance shall expire and plans submitted for checking may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding an additional one hundred eighty days upon written request by the applicant, prior to the date of expiration, showing that circumstances beyond the control of the applicant have prevented earlier action.

3. In order to renew an action on an application after expiration, the applicant may be required to resubmit plans and pay new fees. Renewed applications must comply with all applicable codes, ordinances, laws and regulations in effect at the time of the renewal.

4. Plan checking and other accessory fees associated with cancelled applications are not refundable.

B. Expiration. Every permit issued by the building official under the provisions of this code shall expire and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned for a period of one hundred eighty days at any time after work is commenced. Evidence of continuation of work consists of one progress inspection within one hundred eighty days which can demonstrate substantial progress in one or more of the major trades.

Before such work can be resumed, a new permit shall be first obtained therefor, the fee for which shall be one-half the amount required for a new permit for such work; provided, that no changes have been made or will be made in the original plans or scope of such work; and provided, further, that such suspension or abandonment has not exceeded one year. The building official may have the discretion to waive the operation of this section where delay in commencing work or the suspension of work has been caused by acts of God, economic hardship or personal illness.

C. Terms of Permits.

1. Residential, Garages and Agricultural Structures. Permits for new residences, addition to residences, garages and agricultural structures shall be valid for one year from the date of issuance. The building official may have the discretion to extend this period for a second year when the applicant can demonstrate that completion of the project could not be accomplished due to economic hardship or documented personal illness.

2. Commercial and Industrial Structures. Permits for the construction or alteration of nonresidential structures shall be valid for two years from the date of issuance. The building official may have the discretion to extend this period for a third year when the applicant can demonstrate that completion of the project could not be accomplished due to economic hardship or documented personal illness.

3. Miscellaneous Permits. Permits for miscellaneous items including, but not necessarily limited to, reroofing, wooden decks, hot tubs/spas, water heaters, furnaces, air conditioners, electrical services, factory-built wood stoves, storage sheds, window replacement and similar items, shall be valid for one hundred eighty days from the date of issuance of the permit. The building official may have the discretion to extend this period not to exceed an additional one hundred eighty days when the applicant can demonstrate that completion of the project could not be accomplished due to economic hardship or documented personal illness.

Permits which expire due to time limitation shall be reinstated before work can continue.

Reinstatement shall require the payment of new fees and must comply with all applicable codes, ordinances, laws and regulations in effect at the time of reinstatement.

Term limits for reinstated permits shall be set by the building official on a case-by-case basis and may include term limits which are substantially less than stated above. Applicants may be required to submit written time lines for inspections and completion of permits before such permit will be reinstated. (Ord. 457 (part), 2012; Ord. 390, 2002)

15.04.050 Fees.

Fees for permits, inspections and plan review shall be:

A. As set forth in each individual code noted in Section 15.04.020.

B. Building valuation shall be in accordance with building valuation data furnished by International Code Council.

C. Fees for inspections not provided by a building permit shall be charged at hourly rate.

D. Fees shall be established by resolution of the city council only after a public hearing and an appropriate fee study setting forth the basis of the fees. (Ord. 457 (part), 2012: Ord. 368 (part), 1999; Ord. 349 (part), 1996: Ord. 237 §6(part), 1980)

15.04.060 Fees for public agencies.

The following named agencies shall be required to secure a permit if the provisions of this chapter apply to such building, but they shall be exempt from the requirements for payment of any fee for the permit for such buildings: federal, state or county governments and municipalities, or other public created districts, agencies or jurisdictions.1 (Ord. 457 (part), 2012: Ord. 349 (part), 1996: Ord. 237 §6(part), 1980)

15.04.070 Temporary power permit--Requirements.

A. It is unlawful for any person to use electric power in any building or structure for which a building permit is required by this chapter prior to final inspection and approval thereof by the building department, except in strict conformance with all of the provisions and conditions of an unrevoked and unexpired temporary power permit issued therefor by the building department. Such temporary permit shall contain provisions with respect to the nature, location and duration of use, load and circuit limitations, fuses or circuit breaker requirements, and such other conditions as the building official determines necessary to eliminate any hazards which may result from the use of such power.

B. The building official may revoke any such temporary power permit for violation of any provision or condition contained therein or for any practice in the use of such power which causes a fire safety hazard. Revocation shall be by written notice of revocation of such temporary power permit posted in a conspicuous place on the building or structure under permit.

C. Active temporary power permits may be extended by the building official upon written request of the permit holder. (Amended by city 12/2012; Ord. 349 (part), 1996: Ord. 237 §8, 1980)

15.04.080 Temporary power permit--Supplying power without.

It is unlawful for any person or utility company to supply electric power to any building or structure for which a building permit is required by this chapter prior to the final inspection and approval thereof by the building official unless a temporary power permit has been issued therefor. It is unlawful to continue supplying electric power to any building or structure after any temporary power permit has expired, or after receipt of a written notice of revocation of such permit. (Ord. 349 (part), 1996: Ord. 237 §9, 1980)

15.04.090 Temporary occupancy.

The building official may grant temporary occupancy of any structure in accordance with Section 111.3 of the California Building Code. (Ord. 457 (part), 2012: Ord. 349 (part), 1996: Ord. 237 §10, 1980)

15.04.100 Encroachment Permit required.

A. All the provisions of this An encroachment permit may be required in conjunction with a building permit in accordance with and AMC Chapter Section 12.12.060 of this code Where required, the encroachment shall be satisfactorily completed per adopted City standards prior to or concurrent with the final inspection of the improvementissuance of a certificate of occupancy. Where occupancy is requested prior to completing the encroachment, it shall be in compliance with AMC Chapter 12.12 Article III (Deposits and Bonds).

B. When special conditions warrant an occupancy approval prior to completion of an encroachment, the building official may grant a time extension for encroachment completion subject to the dwelling occupant accepting all liability for completion of the encroachment within the time allowed therefor. (Ord. 349 (part), 1996: Ord. 237 §11, 1980)

15.04.110 Public Sewer and Public Water connection required for prior to occupancy.

A public sewer connection is required under the conditions set forth in AMC Section 13.12.025 prior to issuance of a certificate of occupancy in compliance with adopted City standards. A public water connection is required prior to issuance of a certificate of occupancy in compliance with adopted City standards unless otherwise specifically excepted per AMC Chapter 14.75.010. All provisions of Sections 13.12.190 through 13.12.220 shall be complied with prior to certificate of occupancy for any structure under permit as required by this chapter. All sewer connection work done within the public right-of-way shall be accomplished under an active encroachment permit in accordance with Chapter 12.12. All plumbing work done on private property for connection to a public sewer shall be done in accordance with Sections 305 and 713 of the California Plumbing Code. (Ord. 457 (part), 2012: Ord. 349 (part), 1996: Ord. 237 §12, 1980)
Building Code 15.04 Amendments Page - 7

ATTACHMENT B

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 533

AN ORDINANCE
AMENDING THE CITY OF ANGELS MUNICIPAL CODE CHAPTER 15.04 TO REMOVE SECTIONS INCONSISTENT WITH THE CALIFORNIA BUILDING CODES, ADOPT THE 2022 CALIFORNIA BUILDING CODES EFFECTIVE JANUARY 1, 2023, AND ADD THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND ITS 2024 UPDATE.

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

Section 1: Amend the City of Angels Municipal Code Chapter 15.04 in accordance with Attachment A to Ordinance 533. to remove sections inconsistent with the California Building Codes, adopt the 2022 California Building Codes effective January 1, 2023, and add the 2021 International Property Maintenance Code and its 2024 update.

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.

The foregoing Ordinance was introduced at a regular meeting of the City of Angels City Council held on November 15, 2022, and passed and adopted as an ordinance of said City at a regular meeting of said Council held on December 6, 2022, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________________
Alvin Broglio, Mayor
ATTEST:

Rose Beristianos, City Clerk

Building Code 15.04 Amendments Page - 8
Attachment A to Ordinance 533

Building Code 15.04 Amendments Page - 9
Chapter 15.04

UNIFORM CODES--BUILDING PERMITS
Sections:

15.04.010 Title.

15.04.020 Adoption.

15.04.025 Amendments.

15.04.030 Definitions.

15.04.050 Fees.

15.04.100 Encroachment Permit Required.

15.04.110 Public Sewer and Public Water connection required prior to occupancy.

15.04.010 Title.

The ordinance codified in this chapter shall be known and may be cited as the "City of Angels Building Code." (Ord. 349 (part), 1996: Ord. 237 §3, 1980)

15.04.020 Adoption.

A. 2022 California Administrative Code, Title 24, Part 1; B. 2022 California Building Code, Title 24, Part 2;
C. 2022 California Residential Code, Title 24, Part 2.5; D. 2022 California Electrical Code, Title 24, Part 3;
E. 2022 California Mechanical Code, Title 24, Part 4;
F. 2022 California Plumbing Code, Title 24, Part 5;
G. 2022 California Energy Code, Title 24, Part 6;
H. 2022 California Historical Code, Title 24, Part 8;
I. 2022 California Fire Code, Title 24, Part 9;
J. 2022 California Existing Building Code, Title 24, Part 10; K. 2022 California Green Building Standards Code, Title 24, Part 11; L. 2022 Referenced Standards Code, Title 24 Part 12;
M. The 2021 International Property Maintenance Code, and as it will be amended in 2024; with the following amendments:

1. “Code enforcement official” as referenced throughout, shall be the same as the code enforcement Building Code 15.04 Amendments Page - 10
officer or code compliance officer as specified in the City of Angels Municipal Code;

2. Section 101.1 shall specify the jurisdiction as the “City of Angels”,

Enforcement procedures not specified in the Code shall be carried out in compliance with the City of Angels Municipal Code. Provisions of this code in conflict with California housing laws are superseded by California law.”
Including the appendices and chapters attached thereto unless otherwise expressly excepted above. (Ord. 490, 2019: Ord. 479, 2017: Ord. 463, 2014: Ord. 449, 2011: Ord. 442, 2010; Ord. 433, 2008: Ord. 417 (part), 2004: Ord. 397, 2003: Ord. 368 (part), 1999: Ord. 349 (part), 1996: Ord. 304A, 1992; Ord. 304, 1989; Ord. 294, 1988; Ord. 237 §2, 1980)

15.04.025 Amendments.

Amendments set forth in this title may be changed by resolution of the city council of the city of Angels. (Ord. 417 (part), 2004)

15.04.030 Definitions.

Whenever the following words appear in the codes listed in Section 15.04.020, they shall be as defined within the applicable code with the following amendments:

A. "Building official" or "administrative authority" includes the term "building inspector." B. "Chief electrical inspector" means the City building official or building inspector.

C. "Chief of the fire department" means the City of Angels fire chief or his or her designee D. "City" means the incorporated City of Angels, California.

E. "City attorney" means the City of Angels city attorney.

F. "City council" means the City of Angels City Council.

G. "County" means Calaveras County.

H. "Electrical inspector" means the City building official or building inspector.

I. "Mayor" means the mayor of the City of Angels or the person legally authorized to act in his/her behalf.

K. "State" means California. (Ord. 349 (part), 1996: Ord. 237 §4, 1980) Building Code 15.04 Amendments Page - 11

15.04.050 Fees.

Fees for permits, inspections and plan review shall be
established by resolution of the city council after a public hearing and an appropriate fee study setting forth the basis of the fees. (Ord. 457 (part), 2012: Ord. 368 (part), 1999; Ord. 349 (part), 1996: Ord. 237 §6(part), 1980)

15.04.100 Encroachment Permit required.

A. An encroachment permit may be required in conjunction with a building permit in accordance with AMC Section 12.12.060 Where required, the encroachment shall be completed per adopted City standards prior to or concurrent with issuance of a certificate of occupancy. Where occupancy is requested prior to completing the encroachment, it shall be in compliance with AMC Chapter 12.12 Article III (Deposits and Bonds).

15.04.110 Public Sewer and Public Water connection required prior to occupancy.

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Contract Award All Hazards Planning Codes – Page - 1
DATE: December 6, 2022
TO: City Council
FROM: Amy Augustine, City Planner
RE: RESOLUTION 22-79 AWARDING A CONTRACT AND AUTHORIZING THE CITY ADMINISTRATOR TO

EXECUTE SAID CONTRACT FOR PREPARING THE ALL HAZARDS PLANNING CODES UPDATES

RECOMMENDATION
Approve Resolution 22-79 awarding a contract and authorizing the city administrator to execute said contract for preparing the All Hazards Planning Codes Updates. Staff further recommends that the City Council appoint a representative and an alternate to the Steering Committee for this project.

BACKGROUND:

The City of Angels was awarded $60,000 in federal funding distributed through the California Office of Emergency Services (OES) for Hazard Mitigation project DR4558-PJ0565 (City of Angels All Hazard Planning Code Update Project).

Funds are to be used to secure a consultant to assist the City in amending/preparing codes and applicable implementation guidelines/standards/best management practices addressing already-identified City hazards including:
wildfire, flooding, erosion and grading, and stormwater runoff. No environmental documentation or reviews are required in conjunction with the project. The City is required to provide a match in the form of city staff support which the City anticipates providing in the form of staffing a project Steering Committee and performing most of the project’s public outreach.

The RFB noted the amount of the grant award that would be available for preparing the All Hazards Planning Codes updates.

BID ANALYSIS
The City released a Request for Bids (RFB), posted on the City’s website and distributed on Public Purchase, on October 17, 2022. The RFB was viewed by 33 firms and downloaded by 20 firms. A mandatory online pre-bid conference was held November 18, 2022. Two bidders attended the pre-bid conference and were qualified to submit bids: Interwest and Task Force 7 LTD. Bids were due by noon PST on November 28, 2022. Interwest submitted a bid of $55,000 with a $5,000 contingency.

The City Administrator, City Planner, and Fire Marshall ranked and scored the bid. Based on that review, staff determined that the submittal represents the lowest responsible bidder submitting the lowest responsible bid. Two minor amendments to contract language were submitted and are being reviewed by the City Attorney.

Contract Award All Hazards Planning Codes – Page - 2
Staff recommends awarding the contract to Interwest contingent upon City Attorney approval of the proposed minor contract amendments.

FISCAL IMPACT
$60,000 in federal funding through California OES will pay for the proposed bid. Grant funds additionally will pay $3,825.00 in administration costs. A soft match of $20,000 from the general fund will pay for staff costs to perform public outreach and participate on and oversee the steering committee.

ATTACHMENTS
A. Grant project scope
B. Bidders viewing and downloading RFB – Access Report
C. City Council Resolution 22-79 with Bid Proposal and Draft Contract (Exhibit A to Resolution 22-79) City Administrator Review and Received ______
Finance Officer Review and Received _________
Contract Award All Hazards Planning Codes – Page - 3
Attachment A
Project Scope - Per Awarded Grant
The City anticipates that “new” codes and guidelines will: 1) Update existing City codes and (where they exist) guidelines or standards where only minor amendments are necessary; 2) Replace existing City codes requiring significant amendments with state regulatory language or codes adopted by other agencies in compliance with state and, where applicable, federal regulations or best management practices tailored to the City.

1. Establishing Fire protection standards including defensible space, fire flow, secondary access, sprinklering, etc. (Program 7.C.e) - This includes incorporating the State Minimum Fire Safety Standards effective July 1, 2021 in the Very High Fire Hazard Severity Zones in the LRA, identifying how the regulations will be implemented in the context of the City's planning procedures, identifying and adopting standards for posting addresses, street signage, establishing driveway and road widths, lengths, grades, loads, surfacing and design; fire flow, gating, ingress/egress, secondary access, fuel load reduction and maintenance, turnouts, cul-de-sac specifications etc. consistent with fire codes and incorporating California Fire/Building Codes applicable to fire resistant construction.

2. Update AMC Chapter 15.24 Update Municipal Code (Fire Prevention), Including Very High Fire Hazard Severity Zone Map (VHFHSZ) Vegetation Management Plans, Guidelines for New Development in Urban/Wildland Interface Areas, Public Resources Code 4291 (Program 7.C.o)

3. Regulations for maintaining vegetation along emergency access roads (Program 7.C.p),

4. Ongoing implementation and expansion of the City-wide weed abatement program (Program 7.E.i)

5. Adopting an enabling ordinance for emergency operations plans and hazard mitigation plans (6.C.c) and replacing the City's 1958 Civil Defense Emergency Response codes

6. Adopting a grading ordinance with supporting guidelines, standards and/or best management practices (6.A.l and 4.C.f, 4.G.a)

7. Requiring engineering studies for development on unstable slopes and expansive soils (6.A.k),

8. Requiring drainage plans and studies to evaluate impacts on downstream facilities (and stormwater runoff) (6.B.f, 7H.c),
Contract Award All Hazards Planning Codes – Page - 4

9. Designing new bridges to minimize impacts on downstream facilities during major flood events (6.B.k),

10. Adopting standards for erosion control (6.A.m, 9.A.d),

11. Updating the 1996 flood damage prevention ordinance (6.B.d),

12. Establishing setbacks along creeks (6.B.q, 4.D.d, 4.G.c, 6.B.n, 11.B.b),

13. Designating mapped flood hazard areas as Resource Management Areas (4.H.a) by establishing a new zoning district for implementation

14. Coordinating with the County to address development impacts in the watershed (i.e., outside the City Limits) affecting drainages in the City (6.B.h, 7.H.d),

15. Establishing debris removal regulations to reduce damage to downstream facilities (e.g., debris clogging local streams resulting in localized flooding) (6.B.j, 4.H.b, 7.H.e),

16. Excluding new development from flood zones (6.B.n),

17. Adopting standards for the urban/wildland interface including provisions for secondary access and other fire-protection related standards related to roadways and access (Program 1.G.a)

18. Formulating a mechanism(s) for addressing new development within the various neighborhoods served by legacy (heritage) roadways. Mechanisms to be considered include, but are not limited to: formation of community service areas for ongoing maintenance and future addition of turnouts, development capacity standards for various districts, alternative roadway designs, mediation, parking restrictions (Program 1.G.f and 3.A.0);

19. Keep appraised of federal, state and county circulation improvement plans to assure compatibility with city circulation plans (Policy 3.A.6) - for example, minimum dead-end road lengths, secondary ingress and egress
Contract Award All Hazards Planning Codes – Page - 5
In addition to the preceding, based on local catastrophic fires (e.g., the Butte Fire), the following code changes also are included:

20. Adopt Post-disaster recovery procedures to facilitate re-building

21. Revise enforcement procedures for consistency and effectiveness These tasks will be completed by the Consultant under the guidance of a City Steering Committee.

The City Steering Committee and Consultant are responsible for public outreach. The City Steering Committee anticipates undertaking "field" (e.g., Farmer's Market) outreach events with Consultant present at public open house events.

Contract Award All Hazards Planning Codes – Page - 6
Attachment B
Public Purchase Access Report
(Bidders Viewing and Downloading RFB)
Contract Award All Hazards Planning Codes – Page - 7
Contract Award All Hazards Planning Codes – Page - 8
Attachment C
Resolution 22-79 and Exhibit A to Resolution 22-79
(Proposal and Draft Contract)
Contract Award All Hazards Planning Codes – Page - 9
RESOLUTION 22-79

AWARDING A CONTRACT AND

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE SAID CONTRACT FOR ALL HAZARD PLANNING CODES UPDATE WHEREAS, on October 17, 2022, the City released a Request for Bids (RFB) on Public Purchase to consultants qualified to prepare the All Hazards Planning Codes; and WHEREAS, on November 28, 2022, the City received one bid; and WHEREAS the bid was ranked and scored in accordance with the RFB and was within the projected project cost; and
WHEREAS, it has been determined that Interwest is the lowest responsible bidder submitting the lowest responsible bid; and
WHEREAS grant funds received by the City provides $60,000 for the project; and WHEREAS the City has allocated an additional $20,000 in soft match to assist with preparing the code updates and $3,825.00 in administration costs.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Angels, State of California as follows:

1. Awards the contract to Interwest pursuant to the scope of work in Exhibit A to Resolution 22-79; and

2. Authorizes the City Administrator to execute a contract for $60,000 to prepare the code updates in accordance with the attached bid; and
Ayes:

Noes:

Absent:

Abstain:
________________________________
Alvin Broglio, Mayor
ATTEST:

Rose Beristianos
City Clerk
Contract Award All Hazards Planning Codes – Page - 10
EXHIBIT A TO RESOLUTION 22-79

SCOPE OF WORK AND DRAFT CONTRACT
This Agreement is made and entered into as of the ____day of ______,______ by and between the CITY OF ANGELS, a municipal corporation ("City") and _________________, (“Consultant").

RECITALS:

A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following services in a professional manner:
“Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.”

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of three years.

3. Compensation. Compensation to be paid to Consultant shall be no more than $ . In no event shall Consultant's compensation exceed $ per fiscal year without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.

8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. e. FEMA will fund the contract, and FEMA and Cal OES have the right to review the contractor’s records.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

10. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession.

Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession.

14. Indemnity, Consultant shall indemnify and hold harmless City, its elected and appointed officials, officers, employees, and volunteers (collectively, “City”) from losses, costs, liabilities and expenses for any damage, injury or death (collectively, “Liability”) arising directly or indirectly from or connected with the services provided under this Agreement to the extent that such Liability is caused by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subcontractors, consultants, or any person under its direction or control and shall make good to and reimburse City for any expenditures, including reasonable attorneys’ fees, the City may incur by reason of such matters. Consultant’s obligations under this Section shall exist regardless of concurrent negligence or willful misconduct on the part of the City or any other person; provided, however, that Consultant shall not be required to indemnify City for the proportion of Liability a court determines is attributable to the negligence or willful misconduct of the City. The City acknowledges that this indemnity does not require the Consultant to provide an up-front legal defense to the City. This indemnification clause shall survive the termination or expiration of this Agreement.

Consultant further agrees to provide, at Consultant’s expense, reasonable assistance to the City in responding to third party claims to the extent such claims implicate the quality of the Consultant’s performance under this Agreement, which assistance shall include selection, management, and compensation of expert witnesses as necessary to substantiate or defend the quality of the Consultant’s performance under this Agreement, as well as making Consultant’s employees and project work product available as reasonably necessary to assist in the defense of such claims. This shall not preclude the City from recovering its reasonable attorneys’ fees and defense costs in responding to third party claims to the extent such claims are found to have been caused by the Consultant’s negligence or willful misconduct.

15. Insurance Requirements.
a. Commercial General Liability
i. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
ii. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
iii. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. iv. Coverage shall contain a waiver of subrogation in favor of the City. b. Business Automobile Liability
i. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.
c. Workers’ Compensation and Employers’ Liability
ii. Vendor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
d. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days prior written notice has been given to the City, except that ten (10) days prior written notice shall apply in the event of cancellation for nonpayment of premium.
ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance - Prior to the commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Vendor must agree to provide complete, certified copies of all required insurance policies if requested by the City. iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Angels
P.O. Box 667, 200 Monte Verda St., Suite B.

Angels Camp, CA 95222
Attention: Rebecca Callen, City Administrator
If to Consultant: __________________________
________________________________________
________________________________________
Attention: _________________________________

17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the Agency and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City special counsel.

19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

22. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

23. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

24. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

25. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

26. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

27. Equal Opportunity Employment. (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency direct as a means of enforcing such provisions, including sanction noncompliance:

Provided, ns for may, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. r contract The applicant further agrees that it will refrain from entering into any contract o modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

28. Compliance with the Davis-Bacon Act. a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once a week.

29. Compliance with the Copeland “Anti-Kickback” Act. a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”

30. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower-tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower-tier covered transactions.

31. Prohibition of expending City, State or Federal Funds for Lobbying A. CONSULTANT certifies to the best of his or her knowledge and belief that:

1.No state, federal or CITY appropriated funds have been paid, or will be paid by-or-on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

B. This certification is a material representation of the fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure.

C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

32. FEMA and Cal OES are not parties to the contract and are not subject to obligations or liabilities.

33. The contractor will comply with federal law, regulation, executive orders, and FEMA policies, procedures, and directives.

IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF ANGELS: Consultant:

By: By: ______________________________
Rebecca Callen, Name
City Administrator Principle
ATTEST:

Rose Beristianos,
Deputy City Clerk
APPROVED AS TO FORM:

Douglas White, City Attorney
Exhibit ‘A’

SCOPE OF WORK

CITY OF ANGELS
Request for Proposal
All Hazards Planning Codes Update
Due: November 28, 2022, by 12:00 PM
PROPOSAL MAIN CONTACT:

Paul Meschino
Vice President of Operations
619.372.9962
[email protected]
www.interwestgrp.com
1 Table of Con tents
A: COVER LETTER 2
B: STATEMENT OF PROJECT UNDERSTANDING 4
C: SCOPE OF WORK/DELIVERABLES 5
D: APPROACH 6
E: RELEVANT PROJECT EXPERIENCE AND REFERENCES 9
F: COST ESTIMATE 15
G: SCHEDULE 16
APPENDIX A: EXCEPTIONS 17
APPENDIX B: STAFF RESUMES 18
City of Angels// City Administrator
All Hazards Planning Codes Update
2 A: COVER LETTER
November 28, 2022
Amy Augustine
City Planner
Angels Camp City Hall
200 Monte Verda Street, Suite B
Angels Camp, CA 95222
RE: Proposal to Provide an All-Hazards Planning Codes Update Project to the City of Angels Dear Amy Augustine,
Interwest Consulting Group (Interwest) is pleased to present our response to your Request for Proposals (RFP) to provide the All-Hazards Planning Codes Update Project. Our team of hazard mitigation planners are uniquely qualified and experienced to provide the City of Angels (City) with the requested services while adhering to all requirements described in the RFP.

Our project team has decades of experience conducting municipal planning services and developing Hazard Mitigation Plans, Municipal Code, Zoning Code, General Plan, and Specific Plan amendments and comprehensive updates throughout California. This combination of expertise will ensure that the City of Angels receives a meaningful and customized update to existing planning codes that can be easily operationalized to protect against natural and manmade hazards and build enduring resilience.

We will ensure that the appropriate officials and emergency management offices are coordinated with during the development of the plans. Our long-standing relationship with California’s emergency management community, California Office of Emergency Services and the Federal Emergency Management Agency will ensure the plan is compliant with all local, state, and Federal regulations and is routed through the approval process efficiently.

Since 2002, our team of local government experts, now over 500 strong, has been helping our local government partners achieve municipal excellence. Immersed with our clients in the delivery of local government services, we have an unparalleled appreciation for the responsibility our client organizations pledge to their communities. Our goal is to help you continue to achieve local government success. Hundreds of our staff members have been involved in the mitigation, preparedness, response and recovery stages of emergency management so our project team will have a strong bench of operational experts to ensure that the City’s plans reflect best practice to protect life, property, and economic prosperity.

OUR COMMITMENT TO THE CITY
Interwest understands the City’s need to update to the City’s Municipal Code and to prepare applicable implementation guidelines, standards, and best management practices to address existing hazards impacting the City of Angels.

Our Project Manager, Eric Norris, has more than 30 years municipal planning experience managing major projects, including Hazard Mitigation Plans and General Plans for several California cities and counties; serving as Planning Director/Planning Manager for several California cities; and preparing planning studies, ordinances, and resolutions. Eric will serve as the primary contact person for the city, responsible for day- City of Angels// City Administrator
All Hazards Planning Codes Update
3 today management of the project. Chantal Power, AICP will be the lead Planner on the project. Contact information is as follows:

Eric Norris
Project Manager | Primary Contact
(530) 574-4875
[email protected]
Chantal Power, AICP
Lead Planner
(909) 754-1653
[email protected]
Project Office: 9300 W. Stockton Blvd., Suite 105, Elk Grove, CA 95758 | 916.682.3340 As Vice President of Operations of Interwest Consulting Group, I am authorized to sign any agreements that may result from this proposal and will provide contract support to the proposed Interwest team.

Sincerely,
Paul Meschino,
Vice President of Operations
City of Angels// City Administrator
All Hazards Planning Codes Update
4 B: STATEMENT OF PROJECT UNDERSTANDING
Our expert team has completed a thorough
review of the RFP and fully understands the
City of Angels’ commitment to protecting
its 3,900 permanent residents, as well as
the thousands of visiting tourists,
businesses, neighborhood and community
parks, public schools, 3.64 square miles of
jurisdictional responsibility, and its critical
and essential city services and systems, and
the request to find a qualified consultant to
assist the City in that initiative.

Interwest understands the importance of
preparing and maintaining a City codes in order to mitigate risk from natural and man-made hazards and to gain and retain the City’s eligibility for various pre-and-post disaster grants and community assistance from the California Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA).

Like much of Calaveras County, the City of Angels is subject to a wide range of natural occurring and human caused hazards. The City of Angels has
requested an update to planning codes and
implementation guidelines to address all
hazards that have the potential to impact the
City in order to guide development in a
manner most protective of life and property
and consistent with state regulations.

The City of Angels has identified several
target areas of concern, specifically fire,
erosion control, grading, stormwater runoff,
and flooding, with emphasis on preserving
the City’s heritage roads while maintaining
adequate ingress and egress for emergency
vehicles.

Interwest will be responsible for researching all applicable existing City codes and regulations, as well as all applicable state regulations, participation in monthly Steering Committee meetings, public outreach open house events, and three (3) public hearings. Additionally, Interwest will be responsible for drafting code updates and implementation guidelines, incorporating input from the public and the Steering Committee to produce final drafts for City Council approval and adoption.

City of Angels// City Administrator
All Hazards Planning Codes Update
5 C: SCOPE OF WORK

PROJECT SCOPE - WORK PLAN OVERVIEW

PHASE I INITIAL REVIEW AND ADMINISTRATIVE DRAFT
Phase Tasks  Review AMC to identify existing standards relative to fire protection, erosion control, grading, stormwater runoff, and flooding.  Review state law and Angels Camp General Plan 2020 to identify to codes and regulations for inclusion and outdated codes and regulations for exclusion.
 Review and gather input from Steering Committee.
 Prepare initial draft tracking changes and redlines/strikeouts.  Review and gather input from Steering Committee.
 Legal notice and public hearing to introduce the project to either the Planning Commission or City Council at the City’s discretion.

Deliverables ✓ 1 Project Kick Off Meeting.
✓ First round review of applicable codes and guidelines. ✓ Administrative Draft including Steering Committee input. ✓ 1
st public hearing to introduce the project and stated objectives.

PHASE II ADMINISTRATIVE DRAFT OF DISCRETIONARY CODE ELEMENTS Phase Tasks  Consultant draft options for heritage roads, enforcement, post-disaster recovery and watershed runoff.
 Conduct public outreach.
 Draft discretionary code updates and implementation guidelines.  Consult and gather input from Steering Committee.
 Prepare second draft with Steering Committee input.
 Conduct second round of public outreach and include in draft.

Deliverables ✓ Initial draft of discretionary codes and implementation guidelines. ✓ Incorporation of input from 2 rounds of public outreach and Steering Committee consultation.
✓ Draft to send to public agencies.

PHASE III PUBLIC AGENCY REVIEW
Phase Tasks  Send draft(s) of all work products to CalOES, CalFire, and FEMA for review.  Collaborate with Steering Committee to draft responses to public agency comments.
 Prepare final public hearing draft code revisions and incorporate any applicable Steering Committee comments/revisions.

Deliverables ✓ Public agency draft.
✓ Final public hearing draft.

PHASE IV ADOPTION PROCEDURES
Phase Tasks  Legal notice and Planning Commission hearing (hearing #2).  Legal notice and City Council hearing (hearing #3) for approval/adoption of new codes, general plan updates, and implementation guidelines.  Submission of final draft to CalOES, CalFire, and FEMA.

Deliverables ✓ 2
nd and 3rd required legal notices and public hearings.
✓ Summary memorandum of public outreach efforts.
✓ Final submission to public agencies.

City of Angels// City Administrator
All Hazards Planning Codes Update
6 Note: The Project Work Plan can be modified or adjusted as mutually agreed upon by both City of Angels and Interwest Consulting Group.

D: APPROACH
The Interwest Advantage
Interwest understands the City’s need to provide an update to All-Hazards Planning Codes that can easily be operationalized and seamlessly implemented in order to reduce risk and lower vulnerability to City population, assets, and infrastructure. We also understand that our work will involve, but not be limited to, complete review and update of applicable implementation guidelines, standards, and best management practices regarding hazards, coordination with City staff, participating in public outreach at the City’s request, development of a up to date policies and guidelines for acceptance/approval by the California Office of Emergency Services (Cal OES), CalFire, and the Federal Emergency Management Agency (FEMA). Interwest understands that the project will be deemed complete upon approvals and adoption by City Council, and the applicable public agencies.

Budget-Conscious Approach and Implementation
Our services are provided in a cost-effective manner and can be adjusted to remain within City budget constraints. We will communicate regularly with the City and monitor and evaluate our areas of responsibility to make recommendations for cost savings where possible.

Tailored, Client-Specific Services
The City can expect a high-level of expert technical assistance from our staff of experienced planning professionals. We will work with the project team to ensure that the City’s unique needs and service City of Angels// City Administrator
All Hazards Planning Codes Update
7 deliverables are reflected in our final product.

Timely Turnaround Service
We work with you to develop the most responsive schedule to meet any time constraints. Our team is strategically staffed and managed to ensure all timeline milestones are met.

Understanding Challenges
Our Project Manager has an extensive background in planning and policy development for over 30 years in his capacity as Planning Manager and Planning Director for various agencies including the cities of Eastvale, Elk Grove, and Citrus Heights.

Work Plan Detail
PHASE I: INITIAL REVIEW AND ADMINISTRATIVE DRAFT
The success of the final draft of the updated codes and implementation guidelines is dependent on the proper scoping, planning, scheduling, and resourcing of the overall project. To this end, this task will identify the geographical planning area for the project while overlaying this area into the operational area (Calaveras County) and the State of California’s planning areas. In doing so, Interwest will ensure that the planning process considers other natural features outside the City’s boundaries that may affect implementation guidelines relative to fire protection, erosion control, grading, stormwater runoff, and flooding.

This task involves ensuring that a planning team representative of the overall intent and scope of the project is assembled, capable, and ready to serve. The City of Angels will identify members of the planning team from the City and its planning partners, that will make up the Steering Committee and will have the expertise to substantively assist with developing the administrative draft. This is the core group of people responsible for developing and reviewing drafts of the codes and implementation guidelines for local adoption and public agency approval. Subtasks will involve identifying core planning team members, communicating the importance of their participation, and conducting a kickoff for the planning process.

Critical to the City’s all-hazards planning codes update process is conducting a review of all existing City documents relating to hazards, all relevant state regulations and input from the Steering Committee and the public . Interwest will request copies of all relevant codes and plans from the City during the kickoff meeting. Interwest suggests conducting the first of the three required public hearings shortly after the kickoff meeting to introduce the project and its objectives to City officials and the residents of Angels Camp.

PHASE II: ADMINISTRATIVE DRAFT OF DISCRETIONARY CODE ELEMENTS Interwest will be responsible for coordinating and facilitating the Steering Committee meetings and collecting stakeholder and public outreach input and comments for incorporation into the administrative draft. Public input is particularly critical to the discretionary code updates related to the City’s network of heritage roads, enforcement, post disaster recovery, and watershed runoff. The City will be responsible for coordinating all public meetings and the distribution of all public meeting notices.

City of Angels// City Administrator
All Hazards Planning Codes Update
8 PHASE III: PUBLIC AGENCY REVIEW
The culmination of the hazard mitigation planning process is the submission of the all-hazards planning codes updates and implementation guidelines to CalOES, CalFire, and FEMA for regulatory compliance review. All comments received from public agencies will be provided to the Steering Committee. Interwest will work with the Steering Committee to address all public agency comments for incorporation into the final adoption draft.

PHASE IV: ADOPTION PROCEDURES
This task involves the incorporation of feedback from the Steering Committee, stakeholders, the public, and the required public agencies into the final administrative draft. The final draft will be presented to the Planning Commission in the second of the required public hearings, with the intent of requesting a recommendation to the City Council .Any input and comments provided by the Planning Commission will be incorporated into the final draft that will be presented to the City Council for approval. If the Planning Commission does not provide comments, the final draft will be presented to the City Council for approval and adoption in the third and last of the required public hearings. Following approval and adoption by the City Council, the final draft plan will be submitted to Cal OES, CalFire, and FEMA for final approval.

City of Angels// City Administrator
All Hazards Planning Codes Update
9 E: RELEVANT PROJECT EXPERIENCE AND REFERENCES
Company References and Experience
Immersed with our clients in the delivery of local
government services, we have an unparalleled
appreciation for the responsibility our client
organizations pledge to their communities. Our goal is
to help you continue to achieve local government
success. Our Hazard Mitigation Planners have years of
experience providing municipal services to clients
across the country and beyond. Our Project Manager,
Eric Norris, has more than 30 years municipal planning
experience managing major projects, including Hazard
Mitigation Plans and General Plans for several California cities and counties; serving as Planning
Director/Planning Manager for several California cities; and preparing planning studies, ordinances, and
resolutions.

Since 2002, our team of local government experts,
nearly 500 strong, has been helping our local
government partners achieve municipal excellence.

Immersed with our clients in the delivery of local
government services, we have an unparalleled
appreciation for the responsibility our client
organizations pledge to their communities. Our goal is
to help you, the City of Angels (City), continue to
achieve local government success. CL
We will ensure that the appropriate officials and
emergency management offices are coordinated with
during the development of the plans. Our long-standing
relationship with California’s emergency management
community, California Office of Emergency Services and the Federal Emergency Management Agency will ensure the plan is compliant with all local, state, and federal regulations and is routed through the required approval process efficiently.

The following list is a sample of municipalities across the state we have worked with. We encourage you to contact the references below to provide testimony of our capability to perform your requested services, adhere to schedules and budgets, and exceed expectations.

Corporate Entity
Colorado Corporation, legally certified to conduct
business in the State of California
Signing Authority
Paul Meschino
Vice President of Operations
(619) 372-9962
[email protected]
Primary Project Contact
Eric Norris
Project Manager | Primary Contact
(530) 574-4875
[email protected]
Project Office
9300 W. Stockton Blvd., Suite 105
Elk Grove, CA 95758
(916) 682-3340
City of Angels// City Administrator
All Hazards Planning Codes Update
10 CITY OF PALMDALE
In February 2021, Interwest was awarded a contract with the City of Palmdale to provide an update to their current Local Hazard Mitigation Plan. The project includes the review of existing City plans, working with and supporting the Local Planning Team, incorporating community input, and guiding the City through the risk assessment process. FEMA approved the Local Hazard Mitigation Plan Update in November 2022.

Client Contact Nicholas Godin, P.E., Senior Civil Engineer 661.267.5533 | [email protected]
Scope of Services  Local Hazard Mitigation Plan Update  City Plan Review
 Local Planning Team Support
 Risk Assessment Guidance
Dates of Work February 2021 – November 2022

CITY OF POMONA
In February 2021, Interwest was awarded a contract with the City of Pomona to provide an update to their current Local Hazard Mitigation Plan. The project includes the review of existing City plans, working with and supporting the Local Planning Team, incorporating community input, and guiding the City through the risk assessment process. The LHMP update is currently undergoing FEMA review.

Client Contact Chris Millard, Risk Manager
909.620.2280 | [email protected]
Scope of Services  Local Hazard Mitigation Plan Update  City Plan Review
 Local Planning Team Support
 Risk Assessment Guidance
Dates of Work February 2021 – Current

CITY OF SANTA CLARITA
In December 2019, Interwest was awarded a contract with the City of Santa Clarita to provide an update to their current Local Hazard Mitigation Plan. The project included the review of existing City plans, working with and supporting the Local Planning Team, incorporating community input, and guiding the City through the risk assessment process and concluded with the adoption of the LHMP in November 2021.

Client Contact
Rebecca Bernstorff, Management Analyst
(transitioned out of City – Jan. 2021)
Jarrid McKenna, Assistant to the City Manager | [email protected] Scope of Services  Local Hazard Mitigation Plan Update  City Plan Review
 Local Planning Team Support
 Risk Assessment Guidance
Dates of Work February 2020 – November 2021
City of Angels// City Administrator
All Hazards Planning Codes Update
11 COUNTY OF SAN BENITO
In October 2020, Interwest was awarded a contract with the County of San Benito to provide a comprehensive update to their Zoning Code with particular interest in preserving the rural nature of th e community. The project included the review of the existing County Municipal Code and General Plan, working with and supporting the Local Planning Team, incorporating County officials, stakeholders, and community input, and OPR review. The Zoning Code was successfully adopted in June 2022.

Client Contact Arielle Goodspeed, Principal Planner |[email protected] Scope of Services
 Comprehensive Zoning Code Update
 County Plan Review
 Local Planning Team Support
 State OPR Review
Dates of Work October 2020 – June 2022

COUNTY OF MENDOCINO
In August 2021, Interwest was awarded a contract with the County of Mendocino to provide a comprehensive update to their Zoning and Subdivision Codes, with particular interest in preserving the rural areas of the County. The project included the review of the existing County Municipal Code and General Plan, working with and supporting the Local Planning Team, incorporating County officials, stakeholders, and community input, and OPR review. The Zoning and Subdivision Codes is anticipated for approval and adoption in the summer of 2023.

Client Contact Julia Krog, Director of Planning & Building Services |[email protected] Scope of Services
 Comprehensive Zoning & Subdivision
Code Update
 County Plan Review
 Local Planning Team Support
 State OPR Review
Dates of Work August 2021 – Current

CITY OF CHICO
In September 2022, Interwest was awarded a contract with the City of Chico to provide a comprehensive update to their Subdivision Code. The project included the review of the existing City Municipal Code and General Plan, working with and supporting the Local Planning Team, incorporating City officials, stakeholders, and community input, and OPR review. The Subdivision Code is anticipated for approval and adoption in the spring of 2023.

Client Contact Bruce Ambo, Principal Planner | [email protected] Scope of Services
 Comprehensive Subdivision Code
Update
 County Plan Review
 Local Planning Team Support
 State OPR Review
Dates of Work September 2022 – Current
City of Angels// City Administrator
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12 Project Team Organization

City of Angels// City Administrator
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13 Qualifications of Team
Ability to Perform Required Services
Critical to the success and sustainability of emergency management consulting is the approach and experience of the consultant staff performing the work. The team of professionals we propose are not only highly experienced in providing planning services but also bring a practical understanding of the sensitivities and expectations of elected officials and community stakeholders, and the importance of organizational resilience. Qualifications for our team can be found below—complete resumes are provided in the Appendix at the end of this proposal.

KEY STAFF

ERIC NORRIS, MS

PROJECT MANAGER
Eric brings to his work more than 30 years of experience, including: preparing and managing the processing of major projects, including General Plans for several California cities and counties; serving as Planning Director/Planning Manager for several California cities; and preparing various planning studies, ordinances, resolutions as needed to implement policy direction from City Councils. Eric excels at finding creative solutions to problems, including making the most of limited budgets. His work on the City of Calimesa General Plan was highlighted by the State of California Department of Conservation Strategic Growth Council as an example of maximizing the benefit of the Council’s grant to the City.

PROFESSIONAL HISTORY
• Management and Advanced Planning Lead / Interwest Consulting Group / 2016 – Present • Planning Director, City of Eastvale / Interwest Consulting Group / 2016 – 2019 • Planning Director, City of Eastvale / Michael Baker International / 2010 2016 • Senior Planning Advisor, City of Rancho Cordova / PMC / 2003 – 2010 • Planning Manager, City of Elk Grove / PMC / 2000 – 2002 • Planning Manager, City of Citrus Heights / PMC / 1997 – 1999 • Principal Planner / City of Redlands / 1995 – 1997
• Senior Planner / City of Chino Hills / 1992 – 1995
• Director of Planning / RHA, Inc. / 1988 – 1992
• Planner / Forma | Planning Network / 1985 – 1988
Education
 MS, Urban and Regional Planning,
California State Polytechnic
University, Pomona
 BS, Communication Arts, California
State Polytechnic University,
Pomona
City of Angels// City Administrator
All Hazards Planning Codes Update
14 CHANTAL POWER, AICP

LEAD PLANNER
Chantal is an AICP-certified planner with 10 years of municipal planning experience. Her experience with current and advanced planning and her progressive levels of municipal planning duties have provided her with a broad understanding of the practical issues involved in civic planning and zoning. Recent highlights of her work include the San Bernardino Sign Code, San Benito County Zoning Code Update, Santa Clarita Hazard Mitigation Plan, Palmdale Hazard Mitigation Plan, and
Pomona Hazard Mitigation Plan, and current planning
services for the cities of Corona, Claremont, Perris, and St.

Helena.

PROFESSIONAL HISTORY
• Senior Planner / Interwest Consulting Group /
2020 – Present
• Associate Planner / City of San Bernardino /
2016 – 2020
• Assistant Planner / City of San Bernardino /
2015 – 2016
• Planning Technician / City of San Bernardino /
2013 – 2015
• Planning Intern / City of San Bernardino / 2012 –
2013

LIZ GOLDEN

ASSOCIATE PLANNER
Liz has a range of experiences with long range and current projects with municipal governments. Her current planning work has helped inform her long-range work, particularly with zoning code updates. She has recently assisted with zoning code updates for:

Mendocino County, San Benito County, and the City of Irwindale. During her internship with the County of San Luis Obispo she assisted with reviewing the Hazard Mitigation Plan and coordinating input from the participating Cities and communities.

PROFESSIONAL HISTORY
• Associate Planner / Interwest Consulting
Group /
2021 – Present
• Long Range Planning Intern / County of San
Luis Obispo/
• Planning Intern / Jensen Design and Survey /
Summer 2016
City of Angels// City Administrator
All Hazards Planning Codes Update
15 F: COSTS
Interwest has provided a total cost proposal for all products and services to be delivered, and a breakdown of costs delineated by tasks as described in our project plan. Additionally, we have provided a table outlining the hourly and overtime rates for each person who will be involved in the plan update.

We have based our pricing on our past experience providing services and work similar to those outlined in the Scope of Work section of the RFP. Interwest understands that no two agencies are alike and that the needs of the City of Fontana may require a different approach. We are open to discuss alternative ways to further customize the implementation to best suit your unique needs.

Prices quoted include all travel and materials expenses, including printing of the final LHMP.

FIXED, ESTIMATED COST BY PROJECT PHASE
Activity Estimated Hours Estimated Costs
Phase 1: Initial Review and Administrative Draft 200 $25,000 Phase 2: Administrative Draft of Discretionary Code
Elements
200 $25,000
Phase 3: Public Agency Review 20 $3,000
Phase 4: Develop Mitigation Measures 15 $2,000
Total Cost for Local Hazard Mitigation Plan Update 755 $55,000 Contingency fee for travel (if necessary) $5,000

FEE SCHEDULE FOR PROJECT TEAM
Project Manager $180
Planning Lead $135
Associate Planner $110
City of Angels// City Administrator
All Hazards Planning Codes Update
16 G: PROJECT SCHEDULE
*Final schedule to be adjusted based on the actual City Council contract award date and notice to proceed, with same project duration timeline and milestones adjusted to actual contract award date.

ANTICIPATED DATE MILESTONE
December 2022 City Council Contract Approval
December 2022 Notice to Proceed Issued
January 2023 Project Kickoff Meeting – Interwest and City Project Management Staff January 2023  Steering Committee meeting to collect institutional knowledge and comments on existing codes, policies, and implementation guidelines  Review of existing Code codes, policies, and implementation guidelines, and Steering Committee input
 Assessment of state laws and requirements
February 2023  Public Hearing #1 to introduce the project objectives to City officials and residents.
 Monthly Steering Committee meeting and progress update March 2023  Monthly Steering Committee meeting and progress update April 2023  Monthly Steering Committee meeting and progress update  Public outreach open house (emphasis on heritage roads) May 2023  Monthly Steering Committee meeting and progress update June 2023  Monthly Steering Committee meeting and progress update  Public outreach event or open house (at City’s discretion) July 2023  Monthly Steering Committee meeting and progress update August 2023  Monthly Steering Committee meeting and progress update September 2023  Monthly Steering Committee meeting
 Presentation of first draft to Steering Committee for review and comment October 2023  Monthly Steering Committee meeting
 Administrative draft with Steering Committee input and public outreach comments incorporated submitted to CalOES, CalFire, and FEMA for comment.

November/December
2023
 Monthly Steering Committee meeting
 Discussion and workshop to address public agency comments January 2024  Monthly Steering Committee meeting
February 2024  Monthly Steering Committee meeting
 Public Hearing #2 – Presentation Planning Commission for recommendation to City Council
March/April 2024  Public Hearing #3 – City Council approval and adoption hearing April 2024  Submission of Final Administrative Draft to CalOES, CalFire, and FEMA for approval
City of Angels// City Administrator
All Hazards Planning Codes Update
17 APPENDIX A: EXCEPTIONS
Interwest has carefully reviewed Professional Services Agreement and proposes the following exceptions to the agreement.

14. Indemnity, Consultant shall indemnify, defend and hold harmless City, its elected and appointed officials, officers, employees, and volunteers (collectively, “City”) from third party losses, costs, liabilities and expenses for any damage, injury or death (collectively, “Liability”) arising directly or indirectly from or connected with the services provided under this Agreement to the extent that such Liability is caused by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subcontractors, consultants, or any person under its direction or control and shall make good to and reimburse City for any expenditures, including reasonable attorneys’ fees, the City may incur by reason of such matters. Consultant’s obligations under this Section shall exist regardless of concurrent negligence or willful misconduct on the part of the City or any other person; provided, however, that Consultant shall not be required to indemnify City for the proportion of Liability a court determines is attributable to the negligence or willful misconduct of the City.

The City acknowledges that this indemnity does not require the Consultant to provide an up-front legal defense to the City. This indemnification clause shall survive the termination or expiration of this Agreement.

19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent, which shall not be unreasonably delayed or withheld, of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

Should you have any questions or if you would like to further discuss our proposed exceptions, please contact out Contract Manager, Mahya Izadian, at 657.513.5173 or [email protected].

City of Angels// City Administrator
All Hazards Planning Codes Update
18 APPENDIX B: STAFF RESUMES
Eric Norris

PROJECT MANAGER
Eric provides planning and management services to Cities and Counties throughout California. He brings to his work more than 30 years of experience, including: preparing and managing the processing of major projects, including General Plans for several California cities and counties; serving as Planning Director/Planning Manager for several California cities; and preparing various planning studies, ordinances, resolutions as needed to implement policy direction from City Councils.

PROJECT EXPERIENCE
Interwest Consulting Group / Management and Advanced Planning Lead / 2016 - Present
Interwest Consulting Group / City of Eastvale/ Planning Director / 2016 - 2019
As part of Interwest Consulting Group’s staff augmentation for the City of Eastvale, Eric served the City as the Director of Planning, continuing an assignment which began in 2010.

Michael Baker International / City of Eastvale / Planning Director / 2010 - 2016
Eric was responsible for managing and directing all planning operations for Eastvale, in Riverside County, a position held since the City’s incorporation in October 2010. Among the accomplishments of the Planning Department since incorporations are the creation of the City’s first General Plan, a comprehensive update of the Zoning Code, the creation of Citywide design guidelines, and the processing of dozens of major residential and commercial development projects.

PMC / City of Rancho Cordova / Senior Planning Advisor / 2003 - 2010 Eric served as a part of the transition team (2003) that developed and implemented a plan to smoothly transition from County to City control of current and advance planning operations in Rancho Cordova. Also involved in the preparation of the City’s first General Plan, working with the City Council, Planning Commission, General Plan Advisory Committee, and hundreds of public and agency participants.

PMC / City of Elk Grove / Planning Manager / 2000 - 2002 Eric served as the Planning Manager for Elk Grove for the first two years following incorporation. Responsibilities included establishing the Planning Department and creating the City’s first General Plan.

PMC / City of Citrus Heights / Planning Manager / 1997 - 1999 Eric served as the City’s first Planning Manager from 1997 to 1999, and was responsible for overseeing all day-to-day functions for the Planning Division, including overseeing the creation of the Planning Department and the transfer of projects from County to City control (Citrus Heights was the first new city in Sacramento County in 50 years). Eric managed the preparation of a comprehensive update of the Zoning Code, coordinated the City’s first Years of Experience: 30+
Years w/ Interwest: 9
Education
 MS, Urban and Regional
Planning, California State
Polytechnic University,
Pomona
 BS, Communication Arts,
California State Polytechnic
University, Pomona
Additional Projects
 Principal Planner / City of
Redlands / 1995 – 1997
 Senior Planner / City of
Chino Hills / 1992 – 1995
 Director of Planning / RHA,
Inc. / 1988 – 1992
 Planner / Forma | Planning
Network / 1985 - 1988
ERIC NORRIS, MS – PROJECT MANAGER
Redevelopment Plan and Environmental Impact Report, and created the City’s first website.

Principal Planner / City of Redlands / 1995 – 1997
Senior Planner / City of Chino Hills / 1992 – 1995
Director of Planning / RHA, Inc. / 1988 – 1992
Planner / Forma | Planning Network / 1985 – 1988
Chantal Power, AICP

SENIOR PLANNER
Chantal is a Senior Planner, certified by the American Institute of Certified Planners, with more than 10 years of planning experience with the City of San Bernardino. Her experience with current and advance planning and her progressive levels of municipal planning duties have provided her a broad understanding of the practical issues involved in civic planning and zoning.

PROFESSIONAL HISTORY
Senior Planner / Interwest Consulting Group / 2019 - Present Chantal assists municipalities with various planning functions, with a focus on processing current planning entitlement applications. She has also been project manager for several updates to local hazard mitigations plans.

Associate Planner / City of San Bernardino / 2016 - 2019 Chantal managed advanced planning projects such as Development Code Amendments, General Plan Amendments, and Specific Plans, and a range of current planning projects. She managed the update to the Sign Code for the City and provided training to junior staff.

Assistant Planner / City of San Bernardino / 2015 - 2016 Chantal reviewed proposed development and land use projects for compliance with City Codes and Ordinances, while coordinating with several City Departments and outside agencies during the review process. She reviewed Building Permit Plan Checks for compliance with Development Code standards and enhanced property aesthetics, provide guidance to the general public and developers, and provided training to Development Services Technicians regarding land use and zoning issues.

Planning Technician / City of San Bernardino / 2013 - 2015 Chantal’s duties included taking phone calls from and meeting with members of the public regarding Planning and Zoning related issues. She helped to issue permits, write Planning Letters, and conduct research of surrounding cities to help maintain the consistency of the City of San Bernardino’s Development Code. Chantal worked closely with Planners and other divisions in the Community Development Department to ensure the best customer service while upholding the requirements of the Development Code.

Planning Intern / City of San Bernardino / 2012 - 2013
Chantal worked with Planning staff to conduct research of surrounding cities to help maintainthe consistency of the City of San Bernardino’s Development Code.

Years of Experience: 10
Years w/ Interwest: 3
Education
 BS, Social Science,
Concentration in
Geography, Political
Science and Economics,
California State University
San Bernardino
 AA, Social Science, Crafton
Hills College, Yucaipa
 CEQA, Practice Certificate,
University of California San
Diego, Online Extension
Registrations / Certifications
 AICP-certified Planner
Professional Affiliations
 Certification, American
Institute of Certified
Planners
Liz Golden

ASSISTANT PLANNER
Liz has 3 years of experience within Planning departments for various municipalities. She has worked firsthand with City officials and has obtained on the job knowledge pertaining to local, State and Federal codes and ordinances and has worked closely with the county of San Luis Obispo on to provide Long Range Planning documents for local departments including housing and cannabis. Liz is an excellent problem solver, consistently follows through on tasks, and can balance multiple projects concurrently, making her a valuable resource on any planning project.

PROFESSIONAL HISTORY
Assistant Planner / Interwest Consulting Group / 2021 - Present Liz provides contract staffing services for the City of Scotts Valley and other municipalities. She provides information to the public regarding development regulations, reviews building and grading permit applications, processing development proposals, and preparing and presenting reports on development proposals to government bodies. She has also worked on a General Plan update for the City of Rio Vista, a Specific Plan update for the City of San Dimas, and a zoning code update for Mendocino County.

Long Range Planning, County of San Luis Obispo / Internship / 2019 - 2020
While working at the County of San Luis Obispo (SLO), Liz worked on several long range planning documents including the Safety Element and Local Hazard Mitigation Plan update. She also assisted with policy development with the Housing and Cannabis departments.

Professional Project / San Miguel / 2019 - 2020
While working at the County of San Luis Obispo, the objective of the project was to create new guidelines for inclusion of disadvantaged communities within the County's existing Water Conservation Programs. San Miguel was identified as a DAC as part of SB 1000 requirements, by County Staff. The project was overseen by the County Staff and Supervisor for Water Programs.

Plan Development, City of McFarland / 2019 - 2020
During the second year of Cal Poly's Master's program, Liz worked with the City of McFarland and assisted in updating their General Plan. These updates and additions allowed the city to apply for new grants and organize community members. Liz coordinated the public meetings and substantially contributing to both the Safety Updates and Public Facilities Element updates.

Jensen Design & Survey, Ventura / Internship / Summer of 2016 While working at Jensen, Liz prepared project documents and various land use applications. Liz utilized her computer skills to create professional documents with programs such as Microsoft Excel, AutoCAD and ArcGIS.

Transportation Research Assistant, Northridge - Student Research / Summer of 2015
Liz worked on a transportation related project in the city of San Fernando. The project involved traffic counts and Sketch-Up models of the interventions suggested.

Years of Experience: 3
Years w/ Interwest: 1
Education
 MS, City and Regional
Planning, Cal Poly, San Luis
Obispo - 2020
 BS, Urban Planning &
Studies, CSU Northridge -
2017
Computer Capabilities
 ArcGIS
 AutoCAD
 SPSS
 SketchUp
 Adobe Creative Cloud
 Microsoft Office

POLICE DEPARTMENT
CITY OF ANGELS PO Box 459, 200 Monte Verda St. Suite A, Angels Camp, CA 95222 P: (209) 736-2567 Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon • Council Members Caroline Schirato, Gretel Tiscornia, Isabel Moncada
City Administrator Rebecca Callen • City Attorney Doug White, Churchwell White, LLP DATE: December 6, 2022
TO: City Council
FROM: Scott Ellis, Chief of Police
RE: CITY COUNCIL ACCEPTANCE OF AND APPROVAL OF RESOLUTION NO. 22-84, BUDGET ADJUSTMENT FOR $100,000 GRANT AWARDED TO THE ANGELS CAMP POLICE DEPARTMENT FROM PRIVATE NON-PROFIT ORGANIZATION, WINGS OF FREEDOM FOUNDATION.

RECOMMENDATION
The Angels Camp Police Department recommends acceptance of a $100,000 grant obtained through the private non-profit Wings of Freedom Foundation. The Angels Camp Police Department also recommends approval of the budget adjustment for approved expenditures for FY 2022/23 outlined in the grant.

BACKGROUND
The Angels Camp Police Department was approached by a board member with the Wings of Freedom Foundation wishing to supply a grant to the Police Department. The Police Department supplied requests for funding of specific projects. Funding for a new school/training/volunteer vehicle, ballistic helmets for patrol officers, and department range project funds were approved by the foundation. On 11/10/22 Chief Ellis met with several of the Wings of Freedom board members and was given a check for $100,000.

DISCUSSION
As laid out in the agreement between the Wings of Freedom Foundation and the Angels Camp Police Department these funds were identified for specific police department projects (vehicle/ballistic helmets/range project).

1. The Police Department currently utilizes a 2005 Chevrolet Impala for school/ training travel and volunteer use. This vehicle has become unreliable and unsafe to drive over extensive distances. It has been in for maintenance work on several occasions with technicians being unable to identify and repair mechanical problems.

2. The Police Department is also in need of replacement ballistic helmets. Our current inventory of helmets are Iraq war military surplus helmets placing them at approximately 30 years of age and in need of replacement.

3. The Police Department has been working on constructing its own shooting range over the past several years and would like to expend the remainder of the $100,000 on progressing this project closer to completion.

FINANCIAL IMPACT
No Financial Impact to the General Fund as these are Grant Funded Expenses.

ATTACHMENTS

1. Grant Agreement Between the Angels Camp Police Department and Wings of Freedom Foundation.

2. Resolution

3. Budget Adjustment

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 22-84
RESOLUTION AMENDING THE 2022/23 BUDGET FOR THE ANGELS CAMP POLICE

DEPARTMENT WINGS OF FREEDOM FOUNDATION GRANT PROJECT
______________________________________________
WHEREAS, WHEREAS, the City Council adopted Resolution #22-28, which adopted the budget for the Fiscal Year 2022/2023 and authorized spending totaling $14,875,922; and WHEREAS, the City Staff has recommended Amendments to the Budget to include the Water Treatment Plant Improvement Project Engineering for the Fiscal Year 2022/2023; and WHEREAS, the City Council has reviewed these recommendations and wishes to approve this budget adjustment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Angels approves budget adjustments that will increase the expenditure authorization by $100,000 as follows:

Account Number Account Description
Previous
Budget
Balance
Change Request
Amount
New Budget
Balance
010-6100-44000-0000 Grant Income $ - $(100,000) $(100,000) 010-6100-50072-0000 Safety Equipment $ 8,500 $ 10,000 $ 18,500 010-6100-51001-0000
Capital Outlay - Equipment -
Range Project $ 15,000 $ 50,000 $ 65,000
010-6100-51002-0000 Capital Outlay - Vehicle $ 115,876 $ 40,000 $ 155,876 NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Angels approves a budget amendment of $100,000 increase to the Angels Camp Police Department.

PASSED AND ADOPTED this 6TH day of December 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

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

HOME OF THE JUMPING FROG
City of Angels Camp
Budget Adjustment Request
Department: 6100 - Police Date: 11/14/2022
Account Number Account Description
Previous Budget
Balance
Change Request
Amount: Expense
Inc/(Dec), Revenue
(Inc)/Dec
New Budget Balance

DB/(CR)
010-6100-44000-0000 Grant Income $ - $ (100,000.00) $ (100,000.00) 010-6100-50072-0000 Safety Equipment $ 8,500.00 $ 10,000.00 $ 18,500.00 010-6100-51001-0000 Capital Outlay - Equipment - Range Project $ 15,000.00 $ 50,000.00 $ 65,000.00 010-6100-51002-0000 Capital Outlay - Vehicle $ 115,876.00 $ 40,000.00 $ 155,876.00 $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total* $ 139,376.00 - $ 139,376.00
Justification:

Authorizations:

Department Manager Date:

Fiscal Manager: Date:

Administrator:** Date:

Entered into System by: Date:
********************* *********************************** *************** ***************** ***************** *Total must be zero unless additional budget authorization given by Council. **Administrator must approve all budget adjustments not authorized by Council.

Amend budget to account for Wings of Freedom Foundation grant and expense

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: December 6, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: SECOND READING TO DISCUSS THE CALIFORNIA STATE MANDATED WATER SHORTAGE

CONTINGENCY PLAN, IMPACTING WATER USE AND MEASURES DURING WATER SHORTAGE CONDITIONS WITHIN THE CITY OF ANGELS, APPROVE RESOLUTION 22-85

RECOMMENDATION
Approve Resolution 22-85 Drought Contingency Plan for the City of Angels.

BACKGROUND
Senate Bill 552 (Water Code 10609.51 subd (k) requires water utilities to have a Drought Contingency Plan in place by January 1, 2023.

DISCUSSION
The California Department of Water Resources is administering the Drought Planning for Small Water Suppliers and Rural Communities. This included development of template plans to help suppliers complete a plan, catered to their respective communities and gather public input prior to adoption.

The City of Angels met with Union Public Utility District (UPUD) and Utica Water and Power Authority (UWPA) to discuss impacts that are specific to our JPA. Our water sources include surface water and stored water throughout the system. Discussions about what conditions would trigger each step of the plan were identified and while some responses will be the same across all three of our plans, some of the responses are specific to our system within the City, such as reclaimed water use.

The main takeaway is that to date, the State has not triggered mandatory conservation measures on small community systems throughout the state. The 2014 drought conservation mandate was a local mandate.

At that time, only urban suppliers were required to mandate conservation measures upon customers.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
While it is always possible that could change, any type of mandatory water conservation would be caused initially by the State’s mandate on small community systems. All efforts prior to that level, would be voluntary, with the City’s emphasis on no water waste or theft.

The City does have an Emergency Water Conservation Plan, it is not in line with the State requirements, specifically requiring the Catastrophic level. However, it also authorizes the City Administrator to determine the degree of conservation.

This plan allows a more defined method of response and conservation for public use. The first meeting in January will include an amendment to 14.90.040 related to Water Waste and Enforcement. The current fines and process do not have sufficient deterrents in them and will have “Tampering” and “Theft” included in the language. Fines for tampering and theft will range from $130 to $3,000 per offense.

FINANCIAL IMPACT
None at this time

ATTACHMENTS
WSCP 0501003 Plan
Chapter 14.90
Resolution 22-85
Water Shortage Contingency Plan For 0510003 Page 1 of 15 Abridged WSCP for Public Water Systems
Between 1000 - 2999 Connections
City of Angels
1131 Murphys Grade Road, Angels
Camp, CA 95222
CA0510003
January 1, 2023
Water Shortage Contingency Plan For 0510003 Page 2 of 15 Table of Contents
Section I: Declaration of Policy, Purpose, and Intent.................................................... 3 Section II: Public Involvement........................................................................................ 3 Section III: Public Education....................................................................................... 3 Section IV: Coordination with Regional Water Planning Groups................................. 3 Section V: Authorization................................................................................................ 4 Section VI: Application ................................................................................................ 4 Section VII: Definitions................................................................................................. 4 Section IX - Drought Response Triggers ......................................................................... 7 Stage 1 Triggers -- Water Shortage WATCH Conditions ............................................. 7 Stage 2 Triggers -- Water Shortage WARNING Conditions ......................................... 8 Stage 3 Triggers – ACUTE Water Shortage Conditions............................................... 8 Stage 4 Triggers -- CRITICAL Water Shortage Conditions .......................................... 8 Stage 5 Triggers -- EMERGENCY Water Shortage Conditions ................................... 9 Stage 6 Triggers – CATASTROPHIC Water Shortage Conditions............................... 9 Section X: Drought Response Stages ............................................................................10 Stage 1 Response -- Water Shortage WATCH Conditions ..........................................11 Stage 3 Response -- EMERGENCY Water Shortage Conditions ...............................14 Stage 4 Response -- CRITICAL Water Shortage Conditions ......................................15 Stage 5 Response – EMERGENCY Water Shortage Conditions................................16 Stage 6 Response -- CATASTROPHIC Water Shortage Conditions...........................17 Optional Response – Water Allocation ........................................................................17 Section XI: Enforcement ............................................................................................19 Section XII: Variances.................................................................................................20 Water Shortage Contingency Plan For 0510003 Page 3 of 15 Section I: Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and protect the integrity of public water system (051003) supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Angels hereby adopts the following regulations and restrictions on the delivery and consumption of water through an ordinance/or resolution.

Water uses regulated or prohibited under this Water Shortage Contingency Plan (the Plan) are considered to be non-essential. Continuation of such uses during times of water shortage or other emergency water supply conditions are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section XI of the Plan.

Section II: Public Involvement
The opportunity for the public to provide input into the preparation of the Plan was provided by the City of Angels utilizing hard copy mailers and emails notifying the public of the opportunity for public input at a public meeting that occurred on November 15, 2022.

Section III: Public Education
The City of Angels will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of hard copy mailers, emails, press release dated December 10, 2022, and a public meeting that occurred on November 15, 2022
Section IV: Coordination with Regional Water Planning Groups The service area of the City of Angels is located within the Stanislaus River Basin and the City of Angels has provided a copy of this Plan to the Calaveras County LPA, Sacramento Regional Water Quality Control Board, and DDW District Office, etc.

Water Shortage Contingency Plan For 0510003 Page 4 of 15 Section V: Authorization
The City Manager, or his/her designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Administrator, or his/her designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan.

Section VI: Application
The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City of Angels. The terms “person” and “customer” as used in the Plan may include individuals, corporations, partnerships, associations, and all other legal entities.

Section VII: Definitions
For the purposes of this Plan, the following definitions shall apply:

Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.

Commercial and institutional water use: water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as schools, hospitals, clinics, retail establishments, hotels and motels, restaurants, and office buildings.

Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.

Customer: any person, company, or organization using water supplied by your water supplier
Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.

Even number address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.

Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value.

Water Shortage Contingency Plan For 0510003 Page 5 of 15 Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way and medians.

Non-essential water use: water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:
(a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan;
(b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(d) use of water to wash down buildings or structures for purposes other than immediate fire protection;
(e) flushing gutters or permitting water to run or accumulate in any gutter or street;
(f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools;
(g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(h) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) use of water from hydrants for construction purposes or any other purposes other than firefighting.

Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.

Water Shortage Contingency Plan For 0510003 Page 6 of 15 Section VIII: Criteria for Initiation and Termination of Drought Response Stages The City Administrator (designated official), or his/her designee, shall monitor water supply and/or demand conditions daily and shall determine when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified “triggers” are reached.

The triggering criteria described below are based on source vulnerabilities, current / projected drought conditions and/or elected official announcements (e.g., Governor E.O.).

This table summarizes each water shortage stage as well as PWS-specified triggers and response actions. Additional information for each response action and communication action can also be provided if desired in subsequent pages.

Response
Stage
Shortage
Range
Trigger Response Action Termination
Action
Stage 1 WATCH 10% to 20% When a lack of
normal
regional rainfall
has occurred
for more than
one year
Initiate conversations with
UWPA JPA about current
water usage levels compared
to projected
normal rain
patterns
Stage 2

WARNING
Up to 30% Three or
more years
of projected
lack of
normal
regional rain
patterns,
causing
storage levels
in upstream
reservoirs to
be lower than
normal.
initiate preventative best
management practices and
water level monitoring, public
outreach, and education on
water conservation.
normal rain
patterns.

Stage 3 ACUTE Up to 40% The state has
mandated
urban water
conservation
and pre-1914
surface water
curtailment
orders
voluntary conservation of up to
10%
end of a
mandate for
large water
system
conservation
and lift of
curtailment
order.

Stage 4

CRITICAL
Up to 50% The state
mandate for
small-system
limit irrigation by even and odd
watering days, mandate water
conservation efforts up to 20%
end of a state
mandate for small
water system
Water Shortage Contingency Plan For 0510003 Page 7 of 15 water
conservation
conservation.

Stage 5

EMERGENCY
> 50% Spicer reservoir
below normal
gravity flow
operations level
No non-essential water use. Spicer Reservoir
returns to normal
operating levels
Stage 6

CATASTROPHIC

WATER LOSS
Total Water
Loss
Flume or dam
failure. Water
cannot be
delivered to the
water treatment
plant.

No irrigation. Contact the
operator immediately.

Determine if the water supply is
adequate for drinking and
sanitation needs. Work with
DWR on the use of an
alternate source of water.

Normal water
delivery
resumed.

Water Shortage Contingency Plan For 0510003 Page 8 of 15 Section IX - Drought Response Triggers
Stage 1 Triggers -- Water Shortage WATCH Conditions
Requirements for initiation
The water system will monitor city usage and reservoir levels on a daily basis.

When lack of normal regional rain fall has occurred for more than one year causing storage levels in upstream reservoirs to be lower than normal.

Requirements for termination
Stage 1 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist.

Stage 2 Triggers -- Water Shortage WARNING Conditions
Requirements for initiation
Customers may be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section IX of this Plan when a lack of regional rainfall has occurred for three or more years, causing reservoir storage levels to be lower than normal.

Requirements for termination
Stage 2 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased. Upon termination of Stage 2, Stage 1 becomes operative.

Stage 3 Triggers – ACUTE Water Shortage Conditions
Requirements for initiation
Customers shall comply with the requirements and restrictions on certain nonessential water uses for Stage 3 of this Plan. The State Water Resources Control Board mandates large urban water systems to implement water conservation measures.

Requirements for termination
Stage 3 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased and/, or mandates have been lifted. Upon termination of Stage 3, Stage 2 becomes operative.

Stage 4 Triggers -- CRITICAL Water Shortage Conditions
Requirements for initiation
Customers shall comply with the requirements and restrictions on certain non- Water Shortage Contingency Plan For 0510003 Page 9 of 15 essential water uses for Stage 4 of this Plan when initiated. The State Water Resources Control Board has mandated small water systems to implement water conservation measures.

Requirements for termination
Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased and/, or mandates have been lifted. Upon termination of Stage 4, Stage 3 becomes operative.

Stage 5 Triggers -- EMERGENCY Water Shortage Conditions Requirements for initiation
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 5 of this Plan when storage levels in Spicer Reservoir are too low for gravity outflow operations to continue and pumps need to be used to pull water out of the reservoir.

Requirements for termination
Stage 5 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased. Upon termination of Stage 5, Stage 4 becomes operative.

Stage 6 Triggers – CATASTROPHIC Water Shortage Conditions Requirements for initiation
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 4 of this Plan when raw water cannot be delivered to the Angels Camp Water Treatment Plant due to flume failure, dam failure, or contamination of the water source.

Requirements for termination
Stage 6 of the Plan may be rescinded when all the conditions listed as triggering events have ceased. Upon termination of Stage 6, Stage 5 becomes operative.

Water Shortage Contingency Plan For 0510003 Page 10 of 15 Section X: Drought Response Stages
The City Administrator, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section VIII of this Plan, shall determine if a water shortage condition exists. The severity of any such water shortage conditions (e.g., 1-Watch, 2-Warning, 3-Acute, 4- Critical, 5-Emergency, 6-Catastrophic Water Loss), and shall implement the following notification procedures accordingly:

Notification
Notification of the Public:

The City Administrator, or his/her designee, shall notify the public by means of:
• publication in a newspaper of general circulation,
• direct mail to each customer,
• public service announcements
Additional Notification:

The City Administrator, or his/ her designee, shall notify directly, or cause to be notified directly, the following individuals and entities:
• State Water Resources Control Board or County LPA
(Environmental Health Dept)
• Mayor / Chairman and members of the City Council
• Fire Chief(s)
• Major water users
• Critical water users, e.g., hospitals
Water Shortage Contingency Plan For 0510003 Page 11 of 15 Stage 1 Response -- Water Shortage WATCH Conditions
Target: Discuss Best Management Practices for Supply Management in water use within the treatment facilities and public landscaping Best Management Practices for Supply Management:

Discuss the use of reclaimed water for process and cleaning uses at the Wastewater Treatment Plant. Discuss the reduction in watering days at all City Parks.

Stage 2 Response -- Water Shortage WARNING Conditions
Target: Continue to focus on reduction in water use within the treatment facilities and public landscaping. Begin
public outreach on the potential for upcoming water
conservation.

Best Management Practices for Supply Management:

Implement reclaimed water for operations at the wastewater plant, such as filter cleaning, basin wash down, belt filter press operations, and UV system cleaning.

Reduce the watering days at City Parks and for public landscaping.

Water Use Restrictions for Demand Reduction:

Voluntary water conservation up to 10% of total water use for public facilities.

Stage 3 Response -- EMERGENCY Water Shortage Conditions Target: Achieve up to 10% percent reduction in total water use.

Best Management Practices for Supply Management:

All requirements of Stage 2 shall remain in effect during Stage 3 with the addition of:

(a) Requiring the local golf course to use reclaimed water for irrigation during the months of May through September or until reclaimed water storage is empty. (b) Limit water main line flushing to problem areas only, such as dead ends and low-flow areas.

Water Use Restrictions for Demand Reduction:

Voluntary water conservation up to 10%. Public outreach and education on water conservation methods and tools to prevent water loss.

Water Shortage Contingency Plan For 0510003 Page 12 of 15 Stage 4 Response -- CRITICAL Water Shortage Conditions
Target: Achieve up to 20% percent reduction in total water use.

Best Management Practices for Supply Management:

All requirements of Stage 3 shall remain in effect during Stage 4 with the addition of:

(a) Suspension of water main flushing.
(b) Limit sewer line cleaning to problem areas only.

Water Use Restrictions for Reducing Demand:

All requirements of Stage 3 will no longer be voluntary and shall remain in effect during Stage 4 except:
(a) Irrigation of landscaped areas shall be limited to designated watering days between 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight. It shall be through hand-held hoses, hand-held buckets, drip irrigation, or a permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times.
(b) The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the (The City of Angel Wastewater Treatment Plant).
(c) The use of water for construction purposes from designated fire hydrants will require a permit from the city.

Stage 5 Response – EMERGENCY Water Shortage Conditions
Target: Achieve a 30% percent reduction in total water usage Best Management Practices for Supply Management:

All requirements of Stage 4 shall remain in effect during Stage 5 with the addition of:

(a) Only essential irrigation of public landscaping will occur to keep trees alive. (b) Sewer line cleaning is suspended.

Water Use Restrictions for Reducing Demand:

All requirements of Stage 4 shall remain in effect during Stage 5 except:

Water Shortage Contingency Plan For 0510003 Page 13 of 15 (a) Standard irrigation of landscaped areas shall be prohibited. Outside water use shall be through limited use of hand-held hoses, and hand-held buckets only. Hose-end sprinklers or permanently installed automatic sprinkler systems are prohibited at all times.
(b) Additional commercial water restrictions (e.g., vehicle washing at commercial car washes and commercial service stations). (c) Additional penalties for unresolved leaks (e.g., sprinkler leaks, pipe leaks) Stage 6 Response -- CATASTROPHIC Water Shortage Conditions Target: Achieve a 40% up to 50% percent reduction in total water use Best Management Practices for Supply Management:

All requirements of Stage 5 shall remain in effect during Stage 6 Water Use Restrictions for Reducing Demand:

All requirements of Stage 5 shall remain in effect during Stage 6 except:
(a) Irrigation or watering landscape is prohibited
(b) Determine if water supply is adequate for drinking and sanitation needs and implement water hauling or other potable water delivery as possible (c) Work with the Department of Water Resources on possible alternative water source.

Water Shortage Contingency Plan For 0510003 Page 14 of 15 Section XI: Enforcement
(a) No person shall knowingly or intentionally allow the use of water from the City of Angels for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by City Administrator, or his/her designee, in accordance with provisions of this Plan.
(b) Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is in repeated violation of this Plan, the City Administrator shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge, hereby established at $42.03 (or as per the latest Master Fee Schedule), and any other costs incurred by the City of Angels in discontinuing service. In addition, suitable assurance must be given by the connected site City Administrator that the same action shall not be repeated while the Plan is in effect.
(c) Any person, including a person classified as a water customer of the City of Angels, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation.

Water Shortage Contingency Plan For 0510003 Page 15 of 15 Section XII: Variances
The City Administrator, or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
(a) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use.

Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City of Angels within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Administrator, or his/her designee, and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the Plan from which the petitioner is requesting relief. (d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance.
(e) Description of the relief requested.
(f) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (h) Other pertinent information.

Chapter 14.90

EMERGENCY WATER CONSERVATION PLAN
Sections:

14.90.010 Water conservation--Purpose.

14.90.020 Review by city council.

14.90.030 Conservation plan.

14.90.040 Water wasting rates and enforcement.

14.90.010 Water conservation--Purpose.

The purpose of water conservation is to assist in meeting water demands when the water system or water supply cannot or may not be adequate. The city administrator or a designated representative shall determine the degree of water conservation and determine what additional restrictions of water use or other appropriate actions must be taken to protect the water system and citizens of Angels Camp. This water conservation plan may be implemented immediately, if needed, prior to review by the city council. (Ord. 465 (part), 2014: Ord. 351 (part), 1996)

14.90.020 Review by city council.

Each and every determination or action shall be immediately reported to the members of the city council, and justification supplied as promptly as possible. The council shall review from time to time the need for continuing water conservation; and the city council shall proclaim the termination of the water conservation at the earliest possible date that conditions warrant. (Ord. 465 (part), 2014: Ord. 351 (part), 1996)

14.90.030 Conservation plan.

A. Phase I -- Conservation Measures.* Determine system reduction goals.* Send news releases via local radio and newspapers. City personnel will canvass door to door handing out mandatory conservation leaflets and advising citizens of the insufficient treatment plant capabilities and stressing the need to conserve water.

B. Phase II -- Restricting use of Potable Water.

1. Watering lawns, flower beds, landscaping ornamental plants or gardens is prohibited except on watering days as follows:
a. Odd-numbered addresses on Wednesday, Friday and Sunday; b. Even-numbered addresses on Tuesday, Thursday and Saturday. (WATERING IS NOT ALLOWED ON MONDAYS)

2. Watering lawns, flowers, landscaping, ornamental plants and gardens between ten a.m. and six p.m. during this program is prohibited.

3. Washing down sidewalks, driveways, parking areas, patios and other paved areas or buildings is prohibited.

4. Washing any motor vehicle, trailer or moveable equipment may be done only with a bucket. A hose (See subsection (B)(5) below) shall be used for rinsing only.

5. Use of a hose may only be used with a positive shutoff nozzle. (No Open Hoses).

6. Allowing excess water to flow into a gutter or any drainage area for longer than three minutes is prohibited. (Ord. 351 (part), 1996)

14.90.040 Water wasting rates and enforcement.

Education and cooperation is our first goal, but the following enforcement procedures and charges will be followed for water waste.

A. First Water Waste: City will leave an information sheet describing the waste so that it may be corrected.

B. Second Water Waste: City will give written notice requiring corrective action. * Within five days of first water waste.

C. Third Water Waste: City will give written notice and a thirty-five-dollar charge will be added to the next utility bill. * Within five days of second notice.

D. Fourth and Subsequent Water Wastes: City will give written notice and a seventy-five-dollar charge will be added to the next utility bill and the city may require a water flow restrictor to be installed at the wasters expense. * Within ten days of the previous water waste. * Variances may be granted from any of the above regulations upon application in writing, stating in detail the circumstances meriting special consideration. Appeals by the city administrator may be taken to the city council. (Ord. 351 (part), 1996)

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 22-85

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL APPROVING THE CITY OF

ANGELS DROUGHT CONTINGENCY PLAN
WHEREAS,_ Senate Bill 552 (Water Code 10609.51 subd (k) requires water utilities to have a Drought Contingency Plan in place by January 1, 2023; and WHEREAS, City Council opened public discussions for the draft plan on November 15, 2022; and WHEREAS, no changes were required or requested from the public meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the City of Angels Drought Contingency Plan.

PASSED AND ADOPTED this 6th day of December 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

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

HOME OF THE JUMPING FROG

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: December 6, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVAL RESOLUTION 22-80 AMENDING THE DEWBERRY CONTRACT IN THE AMOUNT OF $209,920 FOR CONSTRUCTION MANAGEMENT DUE TO MURPHYS GRADE ROAD PERFORMANCE PERIOD BEING EXTENDED BY 152 DAYS.

RECOMMENDATION
Approval the Dewberry Contract to pay for the additional Construction Management and Inspection costs due to the Murphys Grade Road Sidewalk and Infill project being extended from 80 days to 238 days.

BACKGROUND
Construction Management was based on a project covering 80 working days. Due to several delays, material issues, and various other issues outside of the control of Dewberry Engineering, the Construction Contractor required and additional 152 days to complete the project. This increase in working days caused the services provided by Dewberry to exceed the contracted amount by $209,920. $35,965 was paid outside of the contract last fiscal year, requiring a budget amendment of $173,991.

DISCUSSION
The on-call contract for Dewberry Drake Haglan was used to include Construction Management services for the Murphys Grade Road Sidewalk and Infill project. Due to the on-call contract being fixed at an amount not to exceed $163,000 each fiscal year, the Task Order 10 of $349,000 caused the costs to be out of compliance with FHWA procurement requirements.

This issue was identified in July 2021, prior to construction starting. However, it was not until October 15, 2021, that a properly procured contract was awarded. By this time, $216,645 had already been spent against the $349,000. The re-procured contract was approved in the amount of $219,757.89, bringing the total Construction Management costs for the project to $436,402.89.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
Several issues caused extensive delays including an unknown root cellar, a waterline in conflict with a proposed storm drain requiring replacement of the waterline, construction material delays, construction communication issues, construction short days, subcontractor issues, and weather caused the number of working days to swell to 168 approved working days plus an additional 64 days of delay period. The original project completion date was to be 11/12/21. Instead, the approved end date was extended to 4/26/22 to include an additional 88 days.

Throughout the project Dewberry reported in the weekly status meetings that their services were being impacted because of these issues and were reporting the contractor's failure to perform work timely. At least 11 days the Contractor was scheduled to work and was a no-show. The contractor also started late on several occasions while Dewberry was waiting onsite, in addition to the contractor showing up missing critical equipment or the correct materials causing Dewberry to wait onsite for them to go out of the area to retrieve them and return to the worksite. These issues were systemic throughout the project.

By the end of the project, Construction Management is at $653,119.60. This includes the original amount of $216,645 (Task Order 10), the $219,757 of the federally procured contract, $1,796.26 approved as part of the original on-call contract (prior to it being over maximum), $5,000 related to the Waterline replacement (approved by Council).

Due to prior practice of not using the Purchase Order system in Springbrook, which would encumber and track expenses against a Contract, payments were made to Dewberry in the 2021-22 fiscal year in excess of the approved amount of $35,965. This leaves a current fiscal year 2022-23 need to amend the budget by $173,991 along with a contract amendment of $209,920.

FINANCIAL IMPACT
CMAQ funds are available to pay for the additional $209,920 (prior and current fiscal year). Continued discussions on the contractor's responsibility due to their lack of timely performance which caused excessive workday increases is ongoing.

ATTACHMENTS
Task Order 10
Federally Procured Contract award to Dewberry
Resolution 22-80 Amendment

DATE: September 21, 2021
TO: City Council
FROM: Melissa Eads, City Administrator
RE: AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH DEWBERRY ENGINEERS INC. FOR CONSTRUCTION MANAGEMENT

FOR THE MURPHYS GRADE ROAD SIDEWALK INFILL PROJECT (FEDERAL PROJECT CML 5206-13) IN AN AMOUNT NOT-TO-EXCEED $219,760

RECOMMENDATION
It is recommended that the City Council authorize the City Administrator to execute an engineering services contract with Dewberry Engineers Inc. for Construction Management for the Murphys Grade Road Sidewalk Infill Project (Federal Project CML 5206-013) in an amount not-to-exceed $219,760.

BACKGROUND
On March 6, 2019, the City Council entered a contract for City Engineering Services with Drake Haglan and Associates (now Dewberry Engineers Inc.), covering a wide-range of engineering services including development of a Capital Improvement Program, project management, development review, response to citizen concerns, grant writing, and all aspects of project delivery including project management, design, utility coordination, right of way coordination and construction management for transportation, water and wastewater projects. The contract set a not-to-exceed amount of $386,000 for Task A (excludes development review and water and wastewater grant-funded work). It was expected that the City would receive grant funding and would augment services through task orders. The time of performance was originally from March 6, 2019 through June 30, 2021, with the possibility of extending the contract in two one-year increments. The contract has been extended through January 3, 2022.

Ten task orders have been issued using local and grant funding. Murphys Grade is almost fully funded with federal grants. The design for Murphys Grade Road Sidewalk Infill (Project) was provided by Drake Haglan and Associates (DHA) under a separate contract. The City consulted with Caltrans if it was allowable for DHA to provide construction management and oversight on this simple and small project (relative to Caltrans projects) since it was federally-funded and also designed by DHA. Caltrans said it was permissible. On May 4 ,20121, the City approved Task Order #10 to provide construction phase services (including construction management, design support and local agency support) for the Project for an additional amount of $349,140. The Project was awarded on June 1, 2021 to FBD Vanguard Construction, Inc; the Notice to Proceed was issued July 21, 2021.

After construction began, the question was asked if the contract amount could be amended for an amount which nearly doubled the original contract. Caltrans again replied that it was allowable to amend the contract, however the Federal Highway Administration (FHWA) ruled that this is an on-call contract and could not be amended to exceed the original not-to-exceed amount of $386,000.

In response, the City wrote and advertised a new construction management contract to complete the work with a Disadvantaged Business Enterprise (DBE) goal of 4%. The Request for Proposals was posted to the City’s web site on August 25th and Calaveras Council of Governments web site on August 26th. It was further advertised in the Calaveras Enterprise newspaper and the Public Purchase web site on September 1st.

Proposals were due September10th. One proposal, from Dewberry Engineers, Inc., was received. Dewberry Engineers, Inc. is fully capable of performing construction management, as they did on the recently-completed SR 49 Sidewalk and Bike Lane Infill Project. Their proposed DBE usage is

12.04%.

Construction has continued under Task Order #10 until a new contract is executed. Stopping the contractor during active construction would result in stoppage and delay damages. After a new construction management contract is executed, City staff will renegotiate Task Order #10 for local agency and design support only.

FINANCIAL IMPACT
As of the invoice dated August 10, 2021, Task Order #10 charges to date, and as expected until the new contract is executed, can be paid with local RSTP funds. At this time, there is no anticipated impact to local City funds.

ATTACHMENTS
Resolution 21-38
RESOLUTION NO. 21-38

RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONTRACT

WITH DEWBERRY ENGINEERS INC FOR CONSTRUCTION MANAGEMENT SERVICES FOR

THE MURPHYS GRADE ROAD SIDEWALK AND INFILL PROJECT (FEDERAL PROJECT CML 5206-013) IN A NOT-TO-EXCEED AMOUNT OF $219,760
WHEREAS, on March 6, 2019, the City Council entered a contract for City Engineering Services with Drake Haglan and Associates (now Dewberry Engineers Inc.); WHEREAS, on May 4, 2021, the City Council approved Task Order #10 to provide construction services (including construction management, design support and local agency support) for the Murphys Grade Road Sidewalk and Infill Project (Federal Project CML 5206-013) (Project) in the amount of $349,140; WHEREAS, on June 1, 2021, the City Council awarded the Project to FBD Vanguard Construction, Inc. and began construction on July 21, 2021;
WHEREAS, the Federal Highways Administration (FHWA) subsequently ruled that the City Engineering Services contract is an on-call contract and could not be amended to exceed the original not-to-exceed amount of $386,000;
WHEREAS, on August 25, 2021, City staff posted a new Request for Proposals for Construction Management Services for the Project to complete the work; WHEREAS, on September 10, 2021, City staff received one proposal from Dewberry Engineers Inc; NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Angels, State of California, as follows:

The City Administrator is authorized to execute an engineering services contract with Dewberry Engineers Inc. for Construction Management for the Murphys Grade Road Sidewalk and Infill Project in an amount not-to-exceed $219,760.

1. PASSED AND ADOPTED by the City Council of the City of Angels, State of California this 21st day of September, 2021, by the following vote:

Bemdon ^UoyxCadcA ^ Sok',redo AYES:

NOES: c/i
ABSTAIN:(^
ABSENT: 95
CU.,-r.

Alvin Broglio, Mayor
Rose Beristi: ., City Clerk
Resolution no. 21-38
Resolution AUTHORIZING the CITY ADMINISTRATOR TO EXECUTE A CONTRACT WITH dewberry engineers inc for CONSTRUCTION Management services FOR THE MURPHYS GRADE ROAD SIDEWALK AND INFILL PROJECT (FEDERAL PROJECT CML 5206-013) in a not-to-exceed AMOUNT OF $219,760 REAS, on April 20, 2021, the City Council approved and adopted the Plans and Contract Documents urphys Grade Road Sidewalk and Infill Project (Federal Project CML 5206-013) (Project); for thi \
WHEREAS, or^April 20, 2021, the City Council authorized the advertisement for construction bids for the Project; \,
WHEREAS, the Projec as advertised on April 22, 2021 and April 29, 2021; WHEREAS, the City receivei
WHEREAS, it has been determine^'-that FBD Vanguard Construction, Inc. is the lowest responsible bidder submitting the lowest responsive bia^.,
WHEREAS, the City has a project budget of$^345,920; and WHEREAS, in order to quickly react to erhergencies that may arise, unforeseen conditions and to keep the construction progressing, it may be neces^ry to authorize supplemental work or change orders. \
ur bids on May 13, 2021;
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND UND by the City Council of the City of Angels, State of California, as follows:
\
The City Administrator is authorized to execute a constructi contract with FBD Vanguard Construction, Inc. for the Murphys Grade Road Sidewalk and Infill Proj^bict (Federal Project CML 5206- 013) in the amount of $1,954,342.80; and \

1. The City Administrator is authorized to approve supplemental work and change orders not-toexceed $25,000. \

2. PASSED AND ADOPTED by the City Council of the City of Angels, State of California thi:

September, 2021, by the following vote:
1st day of
AYES:

NOES:

ABSTAIN:

ABSENT:

Alvin Broglio, Mayor
Rose Beristianos, City Clerk

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 22-80

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL AMENDING THE CONTRACT

WITH DEWBERRY ENGINEERING INC FOR CONSTRUCTION MANAGEMENT SERVICES

FOR THE MURPHYS GRADE ROAD SIDEWALK AND INFILL PROJECT (FEDERAL PROJECT CML 5206-013 IN THE AMOUNT OF $209,920 AND APPROVING A BUDGET ADJUSTMENT OF FISCAL YEAR 2022-23 TO INCREASE ENGINEERING SERVICE IN AN AMOUNT OF $173,991
WHEREAS, on September 10, 2021, the City approved a contract for Construction Management Services for the project CML 5206-013 in the amount of $219,760; and WHEREAS, the Construction work required an increase of 88 working days; and WHEREAS, additional work was required post April 26, 2022 including 64 days; and WHEREAS, Dewberry was required to utilize far more resources than had been identified in the September contract award; and
WHEREAS, and increase of the contract in the amount of $209,920 is needed; and WHEREAS the Fiscal Year 2022-23 budget requires an increase of $173,991 to pay the outstanding invoices to account 139-2011-52065 for CML 5206-013;
NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby the City Administrator to execute the change order on the Dewberry contract in the amount of $209,920 and increase the budget for Transportation Projects for $173,991 to be funded with CMAQ grant funds.

PASSED AND ADOPTED this 6th day of December 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Alvin Broglio Mayor
_______________________
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 Home of the Jumping Frog - Angelscamp.gov
DATE: December 6, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVAL OF RELINQUISHMENT AGREEMENT FOR STATE ROUTE 49 SIDEWALKS

BETWEEN THE DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE CITY OF ANGELS

RECOMMENDATION
Approve the Relinquishment Agreement related to the State Route 49 Sidewalk Project between Caltrans and the City of Angels.

BACKGROUND
Sidewalks along State Route 49 between Bragg Street to State Route 4, as shown in the attachment had sidewalks and curbs, and gutters installed. Once projects that include any portion of a state route occurs, the State of California will relinquish for future liability and maintenance.

DISCUSSION
The SR49 sidewalk project was paid for using RSTP (Regional Surface Transportation Program) funding and was a Caltrans SHOPP (State Highway Operation and Protection) Program. The sidewalks provide for pedestrian and bicycle safety along a main route through the City. Landscaping was not provided in this project round. However, it will be occurring over the next year in a separate program.

The Planning Commission weighed in on the three options for the future landscaping. They chose Option 3 below.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov

FINANCIAL IMPACT
None at this time. Weed spraying will be the City’s responsibility going forward in the sidewalk areas.

ATTACHMENTS
Relinquishment agreement

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: December 6, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND APPROVAL OF THE CITY ADMINISTRATOR TO SUBMIT PROJECTS ON

BEHALF OF THE CITY OF ANGELS TO BE EVALUATED FOR THE SMALL COMMUNITY DROUGHT RELIEF PROGRAM AND APPROVE RESOLUTION 22-81, STORAGE TANK PROJECT AND RESOLUTION 22-82 SMART METER UPGRADE

RECOMMENDATION
Approve Resolution 22-81 Alternative Storage and Resolution 22-82 SMART Meter Upgrade as project for the Small Community Drought Relief Grant Program.

BACKGROUND
The Department of Water Resources has issued guidelines to submit project for Small Community Drought Relief.

DISCUSSION
The City of Angels has identified two projects in the Water Master Plan that align well with the Small Community Drought Relief Grant Program.

Alternative storage is identified as a need and history shows why. The Darby Fire in 2001 caused the City to rely on water from the Miller/Schmauder Mine. This provided less than half of what the City’s needs were per day. The second option was to use a mothballed cement plant slurry line to pump water from San Andreas to Ross Reservoir, in addition to looking at drilling a well.

While that impact was due to a wildfire, the consequences of not having sufficient water, especially during a significant drought period highlight the need to find an alternative storage option within the City.

SMART Meter Upgrade is also identified in the Water Master Plan. The current meters are manually read and require staff to read and re-read on a monthly basis. With the age of the City’s infrastructure and the connecting properties, leaks are not uncommon. Additionally, it is not uncommon to take 60-90 days to

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
fully identify a connection that is leaking. Changing to a SMART meter allows for real time reads to occur.

This allows the City to identify leaks well in advance of billing and also allows the City and the Customer to have better tools when conservation is needed or mandated.

Both of these projects allow the City, and its residents, to fare better during a drought, be better prepared prior to mandated conservation measures, allows the City to make decisions on operations to build in and determine water efficiency, and reduce manual read times for staff to allow them to focus more on line replacements in our system.

FINANCIAL IMPACT
The storage tank project is estimated to be $3,325,000. The AMR project is estimated to be $1,275,000.

Matching is not required. If costs exceed the grant requested amount, the City will have to identify additional funds for the difference.

ATTACHMENTS
Water Master Plan pages for Storage and AMR
Water Storage Application
SMART Meter Upgrade Application
Resolution 22-81 Water Storage
Resolution 22-82 SMART Meter Upgrade
Angels WM
July 2013
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July 2013 n:\mtb020401\documents\_water master plan\final\0713 mp.docx TABLE 10-8

CITY OF ANGELS WATER MASTER PLAN

PROJECT COSTS FOR METER SYSTEM UPGRADE
Item Quantity Unit Unit Cost ($) Total Cost ($)
Meter Boxesa 1,790 EA 90 161,100
Meters with Encoder Registers and Radio
Transmittersb

5/8-inch 1,644 EA 320 525,300
3/4-inch 34 EA 379 12,900
1-inch 50 EA 440 22,000
1-1/2-inch 27 EA 752 20,300
2-inch 35 EA 944 33,000
3-inch 8 EA 2,832 22,700
4-inch 2 EA 3,795 7,600
6-inch 1 EA 7,082 7,100
AMR System Hardwarec
1 LS 20,750 20,800
AMR System Software 1 LS 6,820 6,800
AMR Fixed Network Transceiver 1 LS 6,880 6,900
Cellular Backhauld
1 LS 910 900
On-Site Training 1 LS 2,200 2,200
Total Base Cost 850,000
Total Construction Coste 1,020,000
Total Project Costf
1,275,000
a
Assume new boxes for 2-inch and smaller meters and existing vaults to remain for 3-inch and larger meters. b
Meter quantities by size provided by City Account Clerk on 01/31/13. c
Includes one handheld data collector and one laptop for AMR system in mobile (drive-by) mode. d
Annual cellular charge for fixed network to backhaul hourly meter reads to main computer. e
Includes 20 percent contingency for construction.
f
Includes 25 percent contingency for engineering, construction management, and administration.

Project costs for a leak detection survey of the distribution system were based on input from a local leak detection contractor and include labor costs plus a 20 percent contingency. Project costs for the leak detection survey are provided in Table 10-9.

TABLE 10-9

CITY OF ANGELS WATER MASTER PLAN

PROJECT COSTS FOR LEAK DETECTION SURVEY
Project Project Cost ($)
Leak Detection Survey 12,000
Small Community Drought Relief Program Guidelines, 2021 Department of Water Resources 12
APPENDIX B – GRANT APPLICATION PACKET
Grant Application Checklist
The following information is required to be submitted in proposal applications.

ATTACHMENT 1
Organizational, Financial, and Legal Information
Part I: Application Cover Sheet
Part II: Applicant’s Representatives
Part III: Summary of Project Costs
Part IV: Authorizing Resolution
ATTACHMENT 2
Project Proposal, Tasks, and Budget
Project Proposal
Small Community Drought Relief Program Guidelines, 2021 Department of Water Resources 13
Attachment 1, Part I – Application Cover Sheet
Application for Small Community Drought Relief Program pursuant to Budget Act of 2021 The_________________________________________________________________________ (Exact legal name of local entity applying for the grant) Of__________________________________________________________________________ (Mailing address of local entity)
____________________________________________________________________________ Of the County of __________________________, State of California, does hereby apply to the California Department of Water Resources for a grant in the amount of $__________________.

The system consists of miles of wooden and cement flumes running from the Avery area to the City of Angels Water Treatment plant. A fire in 2001 cut off water supply to 10,000 in the Murphys and Angels areas. The City of Angels relied on mining cavern water stores and fill stations only permitting minimal water use by residents. The City's Master Plan identifies alternative water storage as a desperate need as there are no alternative water supplies in our system. The State of California has already implemented pre-1914 curtailments and water is currently being used from storage in the upper country under an agreement with NCPA (Northern California Power Agency). Continued Drought impacts, in addition to any future disaster caused by drought impacts (wildfire) puts our entire system at risk. The City is proposing a 1.4 MG storage tank, supply line, and discharge line.

Small Community Drought Relief Program Guidelines, 2021 Department of Water Resources 14
Attachment 1, Part II – Applicant’s Representatives
Project Name_________________________________________________________________ Primary Project Contact
Name____________________________________Title________________________________ Address_____________________________________________________________________ Telephone (_____)_________________________FAX (_____)__________________________ E-mail_______________________________________________
Alternate Project Contact
Name____________________________________Title________________________________ Address_____________________________________________________________________ Telephone (_____)_________________________FAX (_____)__________________________ E-mail_______________________________________________
Alternate Project Contact (If Applicable)
Name____________________________________Title________________________________ Address_____________________________________________________________________ Telephone (_____)_________________________FAX (_____)__________________________ E-mail_______________________________________________
Type of Organization:___________________________________________________________ (city, county, water district, non-profit, etc.)
Attach a copy of the applicant’s charter and the names and titles of its officers.

City of Angels 1.4 MG Storage Tank Project
Rebecca Callen City Administrator
PO Box 667/ 200 Monte Verda Street, Angels Camp, CA 95222 209 736-2185
[email protected]
Michelle Gonzalez Finance Director
PO Box 667/ 200 Monte Verda Street, Angels Camp, CA 95222 209 736-2181
[email protected]
City
Small Community Drought Relief Program Guidelines, 2021 Department of Water Resources 15
Attachment I, Part III – Summary of Project Costs
Provide a summary of the financing information about the proposed project, including cost share (if applicable).
% of
Total Cost
Total Cost of Project: $_____________________
Amount Requested: $_____________________ _____
Amount of Cost Share(1): $_____________________ _____
Amount of Federal Contribution: $_____________________ _____ In-kind Contributions: $_____________________ _____
Amount to be Funded by Other Sources: $_____________________ _____ (Describe below in table.)
Sources of funds from partner agencies for this project, if applicable:

Amount Name of Source Status of Funds(2)
$
$
$
$
Total: $
Is the project entirely benefiting a Disadvantaged Community (DAC) or a Severely Disadvantaged Community (SDAC)? (Y/N):_______
If the project is partially benefiting DAC or SDAC, provide the percentage of grant funds to directly benefit a DAC or SDAC:________
Additional explanation, if necessary:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Notes:
(1) No cost share is required; however, grantees are required to show cost share (e.g., federal, local, or other funds) if an awarded project costs more than the grant amount.
(2) Identify the current status of funds: available, planned/budgeted, awarded, or pending. 3,325,000
3,325,000 100
N
Y
The City of Angels doesn't qualify as a DAC due to a portion of the population living on or near the golf course community, which increases the median income overall. The other subdivisions and housing areas are disadvantaged falling at or below the poverty level.

Approximately 10% of the population is at or under the poverty line.

Small Community Drought Relief Program Guidelines, 2021 Department of Water Resources 12
APPENDIX B – GRANT APPLICATION PACKET
Grant Application Checklist
The following information is required to be submitted in proposal applications.

For the following project under the Small Community Drought Relief Program:
____________________________________________________________________________ (Specify project title)
By _______________________________________________Date_______________________ (Signature of authorized representative)
____________________________________________________________________________ (Print or type name of authorized representative) (Title) Telephone (______)______________________ E-mail ________________________________ Brief Proposal Description:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Angels
PO Box 667/ 200 Monte Verda Street, Angels Camp, CA 95222 Calaveras
1,275,000
SMART Meter Upgrade
Rebecca Callen City Administrator
209 736-2185 [email protected]
The City of Angels has nearly 1,900 manual read meters throughout the system. The meters are aged and require manual reading by staff. Due to the age of the system we have meters that are under reading as well as customer side leaks that will take a full billing cycle before we know that a leak is occurring. Changing to SMART meters would the City to have real time access to consumptive information, ability to work more strategically with customers on usage reductions, and leak detection to avoid water waste. Additionally, the changing of these meters would also reduce staff time for reading meters to allow those staffing resources to focus on line replacements through leak detection studies.

SMART Meter Upgrade
Rebecca Callen City Administrator
PO Box 667/ 200 Monte Verda Street, Angels Camp CA 95222 209- 736-2185
[email protected]
Michelle Gonzalez Finance Director
PO Box 667/ 2 Monte Verda Street, Angels Camp CA 95222
209 736-2181
[email protected]
City
Small Community Drought Relief Program Guidelines, 2021 Department of Water Resources 15
Attachment I, Part III – Summary of Project Costs
Provide a summary of the financing information about the proposed project, including cost share (if applicable).
% of
Total Cost
Total Cost of Project: $_____________________
Amount Requested: $_____________________ _____
Amount of Cost Share(1): $_____________________ _____
Amount of Federal Contribution: $_____________________ _____ In-kind Contributions: $_____________________ _____
Amount to be Funded by Other Sources: $_____________________ _____ (Describe below in table.)
Sources of funds from partner agencies for this project, if applicable:

Amount Name of Source Status of Funds(2)
$
$
$
$
Total: $
Is the project entirely benefiting a Disadvantaged Community (DAC) or a Severely Disadvantaged Community (SDAC)? (Y/N):_______
If the project is partially benefiting DAC or SDAC, provide the percentage of grant funds to directly benefit a DAC or SDAC:________
Additional explanation, if necessary:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Notes:
(1) No cost share is required; however, grantees are required to show cost share (e.g., federal, local, or other funds) if an awarded project costs more than the grant amount.
(2) Identify the current status of funds: available, planned/budgeted, awarded, or pending. 1,275,000
1,275,000 100
N
Y Approximately 10% of our population is at or below the poverty level

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 22-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANGELS AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE 1.4 MG STORAGE

TANK PROJECT
WHEREAS, the City of Angels proposes to implement the 1.4 MG Storage Tank Project; WHEREAS, 1.4 MG Storage Tank Project is being implemented in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies; WHEREAS, the City of Angels has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Angels intends to apply for grant funding from the California Department of Water Resources for the 1.4 MG Storage Tank; THEREFORE, BE IT RESOLVED by the City Council of the City of Angels as follows:

1. That pursuant and subject to all of the terms and provisions of Budget Act of 2021 (Stats. 2021, ch. 240, § 80), the City of Angels City Administrator, or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources, and take such other actions as necessary or appropriate to obtain grant funding.

2. The City of Angels City Administrator, or designee is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.

3. The City of Angels City Administrator, or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Angels at the meeting held on December 6, 2022, motion by _______________ and seconded by ______________, motion passed by the following vote:

AYES:

NOES:

ABSTAIN:

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

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CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 22-82

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANGELS AUTHORIZING THE

GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE SMART METER

UPGRADE PROJECT
WHEREAS, the City of Angels proposes to implement the SMART Meter Upgrade Project; WHEREAS, the SMART Meter Upgrade Project is being implemented in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies; WHEREAS, the City of Angels has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Angels intends to apply for grant funding from the California Department of Water Resources for the SMART Meter Upgrade Project; THEREFORE, BE IT RESOLVED by the City Council of the City of Angels as follows:

2. The City of Angels City Administrator, or designee is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.

3. The City of Angels City Administrator, or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

AYES:

NOES:

ABSTAIN:

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

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CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: December 6, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND DIRECTION ON PRIORITIZATION OF CODE COMPLIANCE AND

CURRENT CASE LOAD

RECOMMENDATION
Give staff direction on Code Compliance efforts within the City.

BACKGROUND
The City of Angels has done minimal code compliance or enforcement for several years. With the City’s new website, a Community Portal was made available to the public which included self-service reporting on possible code violations.

DISCUSSION
On November 15, 2022, the City Council and Planning Commission had a joint meeting to get an overview of what, why, and how code compliance impacts the City and jurisdictions like ours. Given the budget for Code Compliance is limited and the recommendation by staff was to focus primarily on health and safety issues, it is important for the City Council to see the total number of cases that we have currently open and what kind they are.

Staff are asking Council to direct staff that the focus of Health and Safety is the main priority and that any non-safety violations will be handled as time and resources are available.

The City currently has 22 open complaints:
1 – Regarding Neon Signs
9 – Regarding Garbage, waste, and trash visible
3 – Regarding Cockroach infestation impacting neighbors 2 – Regarding inoperable vehicles
3 – Regarding homeless camping

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
1 – Regarding water theft
1 – Regarding using mandated parking for sales displays 1 – Regarding property condemnation
1 – Regarding property having two rentals on one single family residence As an example, while neon signs do make the list, there are several other issues that have a higher impact on health and safety, and all regardless of number can take a significant amount of resources to gain compliance.

To put this in perspective, the City had one property that have significant garbage and waste on the property in full visibility. It took no less that one month to have the property owner clean it up. This consisted of three visits, 10+ emails, and luckily the real estate agent worked tirelessly to make it happen in order to close escrow. 12 distinct properties have this type of issue above, and in a best-case scenario, that means 6-10 months to see these completely corrected. Consider that these properties have limited desire to correct, and it could take longer and require more resources.

Neon Signs will require a code update. There are several conflicts in our existing code. Couple that with the City has no less than 40 neon signs throughout and as was discussed at the joint meeting, when an issue presents itself, the City cannot just restrict one party, it must either 1) update the code should Council desire to do that or 2) do broad education and enforcement. This is to avoid subjective enforcement.

Ordinances that are recommended to be forth coming that will help the City to address some of the issues above:
• Water Tapering
• Restrictions on camping in public spaces
Both require legal assistance and restrictions on camping also requires coordination with the County.

FINANCIAL IMPACT

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
Ensuring that our residents are safe in addition to not allowing blight to occur that would have detrimental impacts on the health of our business economy are key. The current budget is $20,000 for CSG.

ATTACHMENTS
Chapter 15.12 Signs and Billboards
Chapter 17.26 Historical Commerical District Signs

15.12.010 Purpose.

The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare in keeping with the unique character of the city of Angels by regulating and controlling the size, height, design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures as provided herein, and to provide a reasonable system of control of signs integrated within the general planning program and zoning law; to promote commercial centers and property values for effective communication of the nature of goods and services; to enhance the economic values of the community and avoid wasteful and unsightly competition in signs, as overly ostentatious signs violate the rights of other sign users as well as the public. (Ord. 280 §1, 1986)

15.12.020 Definitions.

For the purpose of this chapter, the following words and phrases have the meanings respectively ascribed to them as follows:

1. "A-frame sign," "portable sign" and "sandwich board sign" shall mean portable signs capable of standing without support or attachment.

2. "Aggregate total glass surface area" shall mean the product of multiplying the length times the width of the storefront glass surface along a single building elevation with the proviso that window panel separations (mullions, grids, etc.) that are less than six inches wide shall be counted within the aggregate total glass surface area available for signage, and window panel separations or building structural elements separating windows that are greater than six inches shall not be included within the aggregate total glass surface area available for signage. In case of stores with more than one building elevation with window glass, the aggregate total glass surface area available for the placement of signage shall be calculated based on the dimensions of each individual elevation. Unused amounts of aggregate total glass surface area from one elevation shall not be applied to any other elevation.

3. "Amenity sign" means a wall-mounted or freestanding sign that promotes features and/or services of a commercial business.

4. "Animated sign" shall mean a sign with motion, flashing lights, or changes in color or intensity utilizing electricity or other sources of energy. This definition shall not include a sign which tells only time and temperature in alternating sequences.

5. Apartment Community. The term "apartment community" shall mean an apartment project which consists of a minimum of eight apartment units located on the same lot, which are for rent only.

6. "Area of sign" shall mean in computing maximum permissible sign area or display surface the overall display surface of a sign shall be included, or the largest face of a double sign and not the aggregate of display faces. The area of a sign without a border shall be computed by enclosing the entire sign within sets of parallel lines touching the outer limits of the sign message and computing the area thus enclosed.

7. "Awning" shall mean a structure composed of canvas or other non-canvas materials, except for the supporting framework, that extends from the exterior wall of a building.

8. "Awning sign" shall mean a sign composed of flexible materials and incorporated into an awning.

9. "Balloon" shall mean any inflatable sign or balloon regardless of size that is designed to be used as an advertising device for any business or promotional event.

10. "Banner sign" shall mean a temporary sign composed of lightweight, flexible, nonrigid material either enclosed or not enclosed in a rigid frame.

11. "Barber pole" shall mean a stationary cylindrical pole of red, white, and blue spiral stripe design and which identifies a barber shop.

12. "Bench sign" shall mean a city or county franchised outdoor bench to which an advertising message is applied.

13. "Blade sign" shall mean a pedestrian-oriented, non-internally illuminated double-faced sign, comprised of one individual panel, projecting from the building wall on which it is mounted. A blade sign cannot exceed a total of five square feet of signage per side, has at least six inches between the building wall and the edge of the sign nearest the building, and cannot project more than thirty-six inches from the building wall on which it is mounted.

14. "Billboard" shall mean a large panel designed to carry outdoor advertising for products other than those sold on premises, i.e., national outdoor advertising.

15. "Building front" shall mean the wall surface facing the primary street. In case of a corner business, it shall be at the discretion of the owner which building face shall be considered the front.

16. "Building facade" shall mean that portion of any exterior elevation of a building extending from grade to eaves, parallel to the street and extending the entire width of the building. Any area of the facade made up of false fronts and/or parapets cannot be included in the facade calculation for sign area.

17. "Bulletin board sign" shall mean an exterior sign used to display announcements pertaining to an on-site church, school, community center, park, hospital, or institutional building.

18. "Business front" shall mean the side of a building that contains the principal entrance.

For a shopping center, multiple business fronts may exist.

19. "Business sign" shall mean any structure, housing sign, device, figure, painting, display, message placard, or other contrivance, or any part thereof, which has been designed to advertise, or to provide data or information in the nature of advertising, for any of the following purposes:
a. To designate, identify, or indicate the name or business of the owner or occupant of the premises upon which the business sign is lawfully erected. b. To advertise the business conducted, services available or rendered, or goods produced, sold, or available for sale upon the property where the business sign has been lawfully erected.

20. "Canopy" shall mean a roof of a building or a fixed overhead shelter used as a roof, which may or may not be attached to a building.

21. "Canopy sign" shall mean a sign attached to or hung from a canopy.

22. "Civic sign" shall mean a sign, other than a commercial sign, posted to advertise a civic event, public agency, school, church, civic-fraternal organization or similar noncommercial organization.

23. "Coming soon sign" shall mean a sign placed on the site of work under construction stating that a business will be opening soon and denoting the opening date, architect, engineer, contractor, future business or lending agency.

24. "Construction sign" shall mean a temporary sign with the names of the architects, engineers, contractors, subcontractors and financing agencies of buildings and structures being constructed upon the site on which the sign is located.

25. "Corner triangle" shall mean the triangular area created by a line connecting points along the front and side lot lines which points are established forty feet in distance from the intersection of the extension of such front and side lot lines within the street right-of-way, and by a line connecting points along the front lot line and driveway apron, which points are established ten feet in distance from the intersection of the extension of such front lot line and driveway apron within the perpendicular to the street right-of-way.

26. "Corporate flag" shall mean a flag identifying a business or firm.

27. "Directional tract sign" shall mean an off-site temporary sign containing only the name and location of a subdivision and/or a multiple-family residential project and directions for reaching the project.

28. "Double-faced sign" shall mean a sign with more than one face located on the same base or support structure and the sign advertising faces are back to back so that both faces cannot be viewed from any point at the same time, and the sign faces are not more than eighteen inches apart.

29. "Electronic reader board sign" shall mean a business sign on which the copy is manually or electronically changed and which is intended primarily to promote items for sale or of general interest to the community. This term includes a business bulletin board, a time/temperature sign, or other changeable copy sign.

30. "Erect" shall mean to build, construct, attach, hang, place, suspend or affix. Such terms also include the painting of wall signs.

31. "Facade" shall mean the portion of any exterior elevation of a building extending from grade to the top of the parapet wall, or eaves, parallel to the street and extending the entire width of the building.

32. "Flashing sign" shall mean an illuminated sign in which the artificial light is not maintained in a stationary or constant intensity.

33. "Frontage property" shall mean the longest, single, lineal dimension of a parcel of property abutting on a public street.

34. "Garage sale sign" shall mean a sign that is used to advertise the sale of used or secondhand goods or merchandise at dwellings and on residentially zoned property; these sales may also be known as patio sales, yard sales, etc.

35. "Grand-opening signs" shall mean banners, pennants, flags, balloons, searchlights, and advertising devices when used only for bona fide grand-opening functions.

36. "Height" shall mean, in determining maximum or allowed height, the distance shall be measured from base of pole, or point where base of pole would be on level ground, to top of sign.

37. "Historic sign" shall mean an existing sign, or refurbishing of an existing sign, or recreation of a sign that once existed on the subject site at least fifty years ago.

38. "Identification sign" shall mean a sign, or device, which serves exclusively to designate the name, or the name and use, of churches, auditoriums, public buildings, or multifamily residential uses, or the use of a lawful parking area, recreation area, or other open use permitted in the district.

39. "Illegal sign" shall mean signs and their supporting members which do not meet any of the criteria of this chapter.

40. "Illuminated sign" shall mean an internally or externally illuminated business sign which uses a source of light in order to make the message readable.

41. "Marquee" shall mean a fixed overhead shelter used as a roof, which may or may not be attached to a building, and which projects into or overhangs a public street or alley right-ofway.

42. "Marquee sign" shall mean a sign attached to or hung from a marquee and which is mounted in a vertical plane.

43. "Master sign program" shall mean a sign program approved by the planning commission for a retail, office or industrial complex, an automobile dealership or a building more than two stories high.

44. "Mobile sign" shall mean any sign not permanently affixed to a vehicle that is used to advertise a business or service.

45. "Monument sign" shall mean an independent, freestanding sign structure supported on the ground by a solid base at least as wide as the sign, as opposed to being supported by poles or open braces.

46. "Mural" shall mean a picture or decoration which is painted on, or otherwise applied directly to, an external wall.

47. "Neon" shall mean illumination affected by a light source consisting of a LED or neon or other gas tube which is bent to form letters, symbols or other shapes.

48. "Nonconforming sign" shall mean any sign installed prior to the adoption of the ordinance codified in this chapter which does not meet the specifications and requirements of this chapter.

49. "Office building master identification sign" shall mean a business sign that serves to identify an office building or any institutional use, and whose copy shall include only the name of the building or institutional use and the street address range of the complex.

50. "Official public sign" shall mean signs of a public nature, which shall include public transit service signs, utility information signs, public restroom or telephone signs, trespassing signs, legal notices erected by a public officer in the performance of a public duty and signs placed by a public agency for the purpose of guiding persons to emergency centers or places, buildings, or locations of regional or historical significance.

51. "Off-site advertising sign" shall mean any sign which advertises or informs about a business organization or event, goods, products, services or uses not available on the property upon which the sign is located. Signage for a business within a shopping center under multiple ownership shall not be considered an off-site advertising sign even though it is not located on the same property as the business being advertised. The term "off-site advertising sign" does not include special easement signs, community identification signs, off-site residential development directional signs or off-site temporary for sale or lease signs.

52. "Off-site residential development directional sign" shall mean a uniformly designed sign which advertises or informs the public about a residential development where five or more dwelling units are undergoing construction.

53. "Off-site temporary for sale or lease sign" shall mean any off-site sign used in-lieu of a freestanding sign which advertises property for sale or lease.

54. "On-site temporary for sale or lease sign" shall mean any on-site sign used in-lieu of a freestanding sign, which advertises property for sale or lease.

55. "Open-house sign" shall mean a portable sign used in connection with the sale of individual residential real properties.

56. "Pedestrian/shingle sign" shall mean a suspended sign used to identify and indicate pertinent facts concerning a business or professional services conducted on the premises.

57. "Pennant" shall mean any tapering flag used for signaling or identification.

58. "Permitting body" shall mean the person or body with the authority to review and approve permits for signs. This may include the planning director, the planning commission, or the city council.

59. "Pole sign" shall mean a freestanding sign supported by one or more pillars, poles or posts that is more than eight feet in height but less than twenty feet in height with sign copy or content no lower than eight feet, nor higher than eighteen feet in height.

60. "Political sign" shall mean a sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.

61. "Projecting building sign" shall mean a wall sign which projects from and is supported by a wall or roof of a building, structure or sign structure and projects beyond the eaves of a building.

62. "Real property sign" shall mean a temporary sign placed upon real property to advertise that the property upon which the sign is placed, or any piece or parcel thereof, or any interest therein, is for sale, exchange, lease or rent.

63. "Roof sign" shall mean any sign erected and constructed wholly on or over the roof of a building, supported by the roof structure, and extending vertically above the roof.

64. "Service station display structure" shall mean an on-site identification business sign that serves to identify the name and logo of the service station located on the site.

65. "Service station price sign" shall mean a business sign indicating gasoline prices and available services.

66. "Shopping center" shall mean any complex of separate businesses so designated by the planning commission as a shopping center.

67. "Sign" shall mean every sign, billboard, freestanding sign, portable freestanding sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign and street clock, and includes any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote any interest when the same is placed so that it is clearly visible to the general public from an out-of-doors position.

68. "Sign structure" shall mean the supports, uprights, braces and framework of a sign.

69. "Special easement sign" shall mean a business sign used in lieu of a freestanding sign located off-site from, but within the immediate vicinity of, the business the sign has been designed to advertise; where said business is located on a parcel of land without direct access or frontage on an improved public right-of-way; and where the two parcels involved are interconnected by a traversable vehicular roadway which is subject to a nonrevocable, nonexclusive recorded vehicular access easement.

70. "Streamer" shall mean a long, narrow banner, flag, or pennant.

71. "Street address sign" shall mean the numerals of a street address for a given use or uses in a given building or buildings.

72. "Temporary sign" shall mean any sign, banner, pennant, valance, political sign or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a period of not more than thirty calendar days.

73. "Tenant directory sign" shall mean a tenant directory or other exclusively informational listing of tenant names attached to the exterior wall at the entrances of a building and used for the purpose of displaying the names and unit identifications of occupants engaged in professions or businesses on the premises.

74. "Tenant frontage" shall mean the linear length of a building frontage of suites occupied by a tenant.

75. "Vehicular sign" shall mean any sign permanently affixed to an operable or inoperable vehicle currently registered as a motor vehicle, which is used in the normal course of business.

76. "Wall sign" shall mean any sign attached to, painted on or erected against the wall, roof or marquee of a building or structure, and not extending more than six inches beyond the point of attachment.

77. "Window sign" shall mean a sign maintained in or painted in or painted upon a window, which shall be classified as a wall sign. (Ord. 440, 2009: Ord. 337 §1, 2000; Ord. 324 §§1, 7, 1992; Ord. 280 §2, 1986)

15.12.030 Official signs exempted.

Sign provisions of this chapter shall not apply to official signs placed by a governmental agency within a street right-of-way. (Ord. 280 §3(A)(1), 1986)

15.12.040 Directional and other exempted signs.

The maximum number of signs shall not apply to signs not exceeding four square feet which express direction, identification or warning by letters, figures or symbols, such as address, name, access, trespass or parking, but apply only to a use on the parcel. (Ord. 280 §3(A)(2), 1986)

15.12.050 Off-site signs.

Signs shall advertise only licensed business conducted, services rendered or products from or sold on the parcel. Off-site signs shall require approval of a conditional use permit by the planning commission. (Ord. 377 §2, 2000: Ord. 280 §3(A)(3), 1986)

15.12.060 Maximum area per building.

The maximum sign area for each building, except that covered under "Shopping centers," Section 15.12.080 and provisions in the historic district, shall not exceed ten percent of the business front, but in no case shall exceed ninety square feet for the business front. The sign area allowed to separate occupancies in multiple-use buildings will be in direct proportion of their part of the total building front including doors and windows. (Ord. 324 §2, 1992: Ord. 280 §3(A)(4), 1986)

15.12.070 Types permitted.

There may be permitted for each building a combination of not more than two types of signs:
freestanding, wall or projecting, with their aggregate size not exceeding the size limitations under Section 15.12.060. (Ord. 280 §3(A)(5), 1986)

15.12.080 Tentative plan for shopping center.

Shopping centers must submit a tentative sign plan to the planning commission at the time of site plan approval. Final sign approval will not be granted until actual sign detail can be provided to the planning commission. (Ord. 280 §3(A)(6), 1986)

15.12.090 Approval at time of site plan approval.

All other signs shall be approved by the planning commission or staff if submitted after site plan approval except as otherwise provided for in Section 17.26.090 pertaining to signs in the historical commercial district. Any signs which do not comply with the provisions of this chapter or a shopping center sign plan shall be reviewed by the commission except as otherwise provided for in Section 17.26.090 pertaining to signs in the historical commercial district. (Ord. 486 §1(part), 2019:

Ord. 324 §§3, 9, 1992: Ord. 280 §3(A)(7), 1986)

15.12.100 Maintenance.

Signs and sign structures shall be maintained at all times in a state of good repair. (Ord. 280 §3(A)(8), 1986)

15.12.110 Permit--Exemption.

One sign of four square feet or less is allowed per parcel without first obtaining a sign permit. (Ord. 280 §4(A)(1), 1986)

15.12.120 Permit--Required.

No person shall erect any sign over four square feet as defined in this chapter without first obtaining a sign permit from the city. (Ord. 486 §1(part), 2019: Ord. 280 §4(A)(2), 1986)

15.12.130 Permit--Application.

An application for a permit for each sign shall be made to the city in such form and include such information as the city shall prescribe. The application shall be accompanied by the permit fee herein provided. The application will be obtainable at the community development department. (Ord. 486 §1(part), 2019: Ord. 280 §4(A)(3), 1986)

15.12.140 Permit--Fee.

The permit fee for each application for each sign shall be based on the fees prescribed by resolution of the city council. (Ord. 280 §4(A)(4), 1986)

15.12.150 Permit--Issuance.

The planning commission, or designated representative, will issue the permit to an applicant when the necessary requirements have been met to the satisfaction of the planning commission or designated representative, and the prescribed permit fee has been paid. (Ord. 486 §1(part), 2019:

Ord. 324 §4, 1992: Ord. 280 §4(A)(5), 1986)

15.12.160 Permit--Inspection.

The planning commission staff will make the necessary inspection to ascertain that such sign or signs comply with this chapter. (Ord. 280 §4(A)(6), 1986)

15.12.170 Freestanding sign--On-premises.

The following applies to freestanding signs on premises:

A. Location. An on-premises sign is one that is confined to the owner’s property. Such signs are not allowed in residential zones.

B. Height. No such sign shall exceed eight feet in height except as provided in Section 15.12.175.

The height of freestanding signs shall be measured from the base line.

C. Number. There may be one such sign for each building, and in no case shall exceed ninety square feet as defined in Section 15.12.140.

D. A-Frame Sign. Free-standing signs on an A-frame are allowed in the SC and I zone. Subject to the requirement to be located on the parcel of the business being identified; is not in the public rightof-way; does not block the sidewalk or create visibility problems for vehicles or pedestrians; and does not exceed a width of four feet or height of four feet for a total sign area to not exceed sixteen square feet per side of sign area. An A-frame sign is a double-sided sign attached at an apex whose legs provide a frame for plywood panels. (Ord. 377 §3, 2000; Ord. 280 §5(A)(1), 1986)

15.12.175 Pole signs--On-premises.

The following applies to pole signs on premises:

A. Conditional Use Permit Required. No pole sign shall be allowed unless the planning commission has approved a conditional use permit for the sign.

B. Location. An on-premises sign is one that is confined to the owner’s property provided that the property fronts on Highway 49 or 4; the property has a minimum of seventy-five feet of highway frontage; the sign is no closer than seventy-five feet from any other pole sign situated along the highway right-of-way; the sign is not located within one hundred feet of a traffic signal or traffic directional sign or any other traffic safety devise placed by a public agency within a highway or road right-of-way; and the pole sign will not interfere with or conflict with trees located along the road right-of-way. Such signs are not allowed in residential zones.

C. Height. The pole sign shall not be less than eight feet in height nor more than twenty-four feet in height; advertising copy shall not be less than eight feet from ground level nor more than eighteen feet from ground level.

D. Number. There may be one pole sign along an applicable highway frontage; where the property fronts on two highways, two signs may be permitted.

E. Lighting. Pole signs shall not use reflective coatings, neon, flashing or moveable copy. Signs shall be indirectly lit or internally lit. Internally lit signs shall display sign copy and logos exclusively illuminated with translucent materials and the balance of the advertising surface shall be made of dark or earth-tone nontranslucent materials. (Ord. 377 §4, 2000)

15.12.180 Freestanding signs--Off-premises.

The following applies to off-premises freestanding signs: A. Freestanding signs shall be allowed in SC zones and I zones, provided a use permit has been obtained from the planning commission.

B. No billboards shall be allowed. (Ord. 280 §5(A) (2), 1986)

15.12.190 Wall and window signs.

A. Location. Wall signs shall be located on the business front.

B. Height. No part of any sign shall extend above the top level of the wall upon or in front of which it is situated. Any such sign which is suspended or projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.

C. Number. There may be any number of wall signs for each business front, but the total sign area shall not exceed ten percent of the building front, and in no case exceed ninety square feet, as defined in Section 15.12.140.

D. Thickness or Projection. No sign, including any light box or other structural part, shall project more than twelve inches from the building face. (Ord. 280 §6, 1986)

15.12.200 Projecting signs.

A. Location. Signs may be located on the building front, providing they do not constitute a hazard to pedestrians or vehicular traffic, do not conceal from view any public or business sign or traffic signal, do not extend or project over a street right-of-way and do not extend lower than eight feet above the surface below it.

B. Height. No such sign shall extend above the top level of the wall upon or in front of which it is situated, or, in the case of buildings having sloping roofs, above the roof ridge.

C. Number. There may be one projecting sign for each business front, but total sign area shall not exceed ten percent of the building front, and in no case exceed ninety square feet, as defined in Section 15.12.140. (Ord. 280 §7, 1986)

15.12.210 Temporary signs.

Temporary signs may be permitted by the planning director for a time period specific for each type of temporary sign. Types of temporary signs:

A. Subdivision Directional Sign Permit. The permit for any subdivision directional sign shall be valid for one year from the approval date. The planning director shall have the authority to extend the time period for one additional year. Requests for extensions shall be submitted to the planning department thirty days prior to the expiration of the first year permit. The sign shall be no larger than thirty-two square feet.

B. Political Sign. Political signs may be posted on private property, with property owner’s permission, preceding an election. The maximum size of each sign shall not exceed thirty-two square feet. No deposit shall be required to ensure the proper removal of such signs.

1. No political sign shall be erected within or overhang into any public right-of-way or publicly owned property, nor constitute a traffic hazard by reason of obscuring motorist vision, or otherwise jeopardizing the normal flow of traffic.

2. All political signs shall be removed within seven days after the election date, except those candidates that were successful in a primary election or must compete in a runoff election, in which case, such signs shall be allowed to remain until seven days after the final election day.

3. It shall be the responsibility of the property owner to remove all political signs within seven days after the final election day. In the event that any political sign is not removed within the specified time, the property owner shall be notified of their responsibility to remove such signs within seven days or be cited. If the sign has not been removed with the additional seven days, the property owner shall be issued a citation in the amount specified by the city of Angels municipal code for each successive day until such sign is removed.

C. Construction Signs. One sign identifying a project under construction shall be permitted per street frontage on the structure or site under construction. The sign may contain the name of the building contractor and his subcontractors, the architect, the engineer, the owner, and the developer.

The sign shall be permitted during the period of actual construction after the building permit has been issued. The sign area shall not exceed thirty-two square feet, shall be one-sided, shall not exceed ten feet above the adjacent pavement surface, and be unlighted. All signs shall be removed thirty days after final inspection.

D. Grand Opening and Special Events Signs. A temporary sign permit may be issued by the planning director thirty days prior to the event for banners, streamers, flags, and other prohibited signs as defined herein, and temporary or portable signs as defined herein, for special events or sales, such as new car models, clearance sales, outdoor fairs and sales, grand openings and events of a similar nature. All signs shall be removed fourteen days after said event, with the planning director able to extend the time frame of these signs.

1. Signs shall be allowed in all zoning districts, except residential, subject to the approval of the planning director; provided, that:
a. Signs shall be located on primary streets providing directions to the business. b. Signs shall be limited to a maximum height of ten feet and shall not exceed fifty square feet in area, and shall be set back a minimum of ten feet from any city right-of-way or public easement. If the grade at the location of a sign is below the grade of the street right-of-way, the sign height may be increased to a maximum of twelve feet in height upon approval of the planning director.
c. The total number of signs shall not exceed six for each business. d. A fee shall be collected that is established by resolution of the city council. e. A minimum horizontal distance of seventy-five feet shall be maintained between a commercial directional sign and any other advertising sign. (Ord. 444, 2010: Ord. 280 §8, 1986)

15.12.220 On-site directional signs.

A. Directional signs may be erected for the purposes of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or onto private property and shall be located on the property to which they pertain.

B. Such signs shall not be used for advertising purposes.

C. Directional signs shall not exceed an area of six square feet, nor a height of eight feet. (Ord. 280 §9, 1986)

15.12.230 Signs confusing to public.

No sign shall resemble any official traffic or identification signal, or use warning terms such as "stop" or "danger" in a manner which might create public confusion. (Ord. 280 §10(A)(1), 1986)

15.12.240 Lights.

Signs shall have no flashing or blinking lights; lighting shall be arranged so that visibility of vehicular traffic is not impaired, and objectionable glare is shielded from adjoining residential zones. No neontype lighting will be allowed without prior approval of the planning commission. (Ord. 280 §10(A)(2), 1986)

15.12.250 Stationary vehicle signs.

Signs placed on stationed vehicles for the primary purpose of displaying such signs shall not be allowed. (Ord. 280 §10(A)(3), 1986)

15.12.260 Hazards--Extension over right-of-way.

No sign shall constitute a hazard to pedestrians or vehicular traffic, conceal from view any public sign or traffic signal, nor extend on or project over a street right-of-way. (Ord. 280 §10(A)(4), 1986)

15.12.270 Roof signs.

New roof signs are prohibited. Roof signs in existence on November 1, 1991, which may or may not be legally conforming, shall be deemed legally conforming. Any change in copy or structure shall comply with the provisions of this chapter for existing roof signs. (Ord. 324 §10, 1992: Ord. 280 §10(A)(5), 1986)

15.12.280 Nonconforming signs--Permitted when.

Any sign which is nonconforming with this chapter shall be removed if the sign is altered or modified. "Altered or modified" within this chapter means any change to the sign structure including but not limited to changes to the sign cabinet, supports, structure or copy on the face for a new tenant or user. The normal painting of the sign as part of routine maintenance where no change in tenant occurs is not considered an alteration. Sign may remain until any change in design, structure, location or other alteration is made. A nonconforming sign may not be restored or rebuilt if fifty percent or more of the sign is damaged or destroyed for any reason or damaged to the extent of more than half of its current replacement cost. A nonconforming sign may not be resumed if use is discontinued or if business is not being conducted for any reason for a period of more than one year.

Nonconforming signs may be altered if necessary for public safety to the restrictions of this section.

Such a nonconforming sign, when altered for public safety, shall be subject to securing a sign permit from the city with an explanation for retaining the sign. (Ord. 324 §5, 1992: Ord. 280 §11, 1986)

15.12.290 Nonconforming signs--Removal.

Any sign constructed after the effective date of the ordinance codified in this chapter which is nonconforming with the requirements of this chapter may be removed by the city of Angels. The city council or its authorized agents may enter upon private property for the purpose of removal of the sign. These signs shall be stored for a period of at least twenty days, and if not claimed within that time, may be destroyed. The owner shall pay a fee to the city equal to the costs incurred by the removal, storage and handling of the illegal sign. (Ord. 280 §12(A)(1), 1986)

15.12.300 Political signs--Removal.

Political signs not removed within seven days after the election shall be removed by the city at the expense of the candidate or sponsoring agency. (Ord. 280 §12(A)(2), 1986)

15.12.310 Variance--Authority and findings.

Variances from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance requires a public hearing. (Ord. 280 §13(A)(1), 1986)

15.12.320 Variance--Application submittal.

Applications for variances shall be submitted to the planning commission for recommendation to the city council. (Ord. 280 §13(A)(2)(a), 1986)

15.12.330 Variance--Review.

A sign variance is subject to review and approval by the planning commission. City staff shall report to the commission specific findings to support or deny the variance request and conduct a duly noticed public hearing. Action by the commission is final unless an appeal is filed with the city council within the prescribed time limits. (Ord. 392 (part), 2002; Ord. 386, 2002: Ord. 324 §6, 1992:

Ord. 280 §13(A)(2)(b), 1986)

15.12.335 Use permit--Authority and findings.

A. As provided elsewhere in this title, the planning commission may consider and approve a conditional use permit for pole signs in excess of eight feet in height where the proposed pole sign conforms with the requirements of Section 15.12.175, and findings of Section 17.78.030 can be made.

B. The planning commission may also consider and approve a conditional use permit for other types of signs, such as off-site signs, where provisions of this title specifically provide for such consideration, and approval and findings of Section 17.78.030 can be made. (Ord. 377 §5, 2000)

15.12.340 Violation--Penalty.

Any person violating or causing a violation of the provisions of this chapter or permitting such a violation on land or in a structure owned, rented or controlled by them is guilty of an infraction. (Ord. 514 §3 (Att. G), 2021; Ord. 280 §14, 1986)

17.26.090 Signs.

No signs shall be placed, erected, altered or relocated on any property within the historical district unless such sign shall as to its exterior appearance be compatible with the Mother Lode architectural style, and unless it complies with all of the following requirements and is approved by the planning commission without the necessity for public noticing or a public hearing unless such signs otherwise require a variance or conditional use permit in which case public noticing and a public hearing shall be required:

A. No sign shall be allowed except a sign which identifies or advertises the business conducted on the premises.

B. Each sign shall be affixed to a building, except that where a building is set back from the street to such extent that a sign affixed to the building would not be within reasonable view from the street, then a sign need not be so affixed, but may be located in some other manner as the planning commission shall approve.

C. No sign shall project more than six feet from the face or vertical surface of the building where applicable. Sign must not constitute a hazard to pedestrians or vehicular traffic.

D. No sign shall project above the eave or the parapet line of the building.

E. The total aggregate area per any one parcel for attached on-site signs shall not exceed ten percent of the building facade excluding parapets and/or false fronts and in no case shall exceed fifty square feet of the total sign area. If a single business entity having public customer entrances on two or more sides of a building, the building owner may choose which building facade is most beneficial to use as the ten percent of the facade area.

F. The area of an irregular sign shall be the area of the smallest rectangle which can wholly contain all the sign text and graphics.

G. No sign shall contain any flashing, blinking, or moving letters, characters, or other elements, and the sign itself shall not move.

H. No sign shall contain any outline tubing.

I. Sandwich board signs or A-board signs shall be allowed under the following conditions:

1. The business/building owner must submit a sign permit application;

2. The sign shall not be made of plastic;

3. The sign must be historical in nature (wood, metal, scroll writing, etc.);

4. Sign must be approved by the planning commission.

J. Neon signs or signs containing any outline tubing which are to be located inside a building and which area is designed to be seen from the outside of the building are prohibited. Any sign in violation of this subsection shall be removed immediately. (Ord. 486 §3(part), 2019: Ord. 460 §9, 2012)

17.26.100 Master sign plan.

In the event that a new building has multiple tenants, a master sign plan shall be required prior to the occupancy of the building and approved by the planning commission. Property owners with existing buildings with multiple tenants may submit a master sign plan for their building and be approved by the planning commission. The planning commission may require a building with more than one tenant to submit a master sign plan. (Ord. 460 §10, 2012)

17.26.110 Exempted signs.

The provisions of this chapter shall not apply to the following signs:

A. Signs located on property which is zoned for residential use pursuant to this chapter as amended, or any other zoning ordinance which may hereafter be adopted; B. Official notices issued by a court of public body or officer, and notices posted by any public officer in the performance of a public duty, or by any person in giving legal notice; C. Directional signs not exceeding four square feet in area for off-street parking and loading facilities;
D. Signs not exceeding four square feet in area pertaining to the sale, lease or rental of the property on which such signs are placed;
E. Temporary political, election or campaign signs not exceeding four square feet in area; F. Professional signs not exceeding four square feet in area; G. Church signs not exceeding four square feet in area; H. Temporary construction signs, not exceeding twenty-four square feet, identifying a building under construction, or the contractor or architect therefor; provided, that such a sign shall be removed upon the expiration of six months after its erection, or upon the completion of the building, whichever event shall first occur. (Ord. 460 §11, 2012)

17.26.120 Nonconforming signs.

Any lawful sign existing at the time of adoption of the ordinance codified in this chapter may be continued although such sign does not comply with the provisions of this chapter, subject to the following conditions and requirements:

A. No such sign shall be enlarged in area or changed to any other nonconforming sign; B. If such sign is removed or destroyed, it may not be replaced except in compliance with all the requirements of this chapter;
C. Such nonconforming signs shall either be removed or shall be altered or relocated so as to comply with all of the provisions of this chapter, not later than five years after the final adoption of the ordinance codified in this chapter;
D. All signs shall be removed within seven days of business closure. If not done in thirty days of final day of operation, the property owner will be cited. (Ord. 460 §12, 2012)

RECOMMENDATION
Discussion only

BACKGROUND
Staff has intended on bring forward Quarterly reports to Council. Given the catch-up required for fiscal year 2021-22, the year end audit, and numerous other cleanup being done throughout the financial system, the Quarter 1 report is a little late. However, moving forward, they will come far timelier.

DISCUSSION
City Council has the most control over the General Fund, whereas the other funds are restricted for use by state or federal requirements. This review is primarily addressing that fund. Any concerns among other funds will be described as needed.

As of September 30, 2022, the benchmark for Revenues and Expenses is 25%:

Overall expenses are at 18% of budget overall with Salaries and Benefits at 19%, Services and Supplies at 20%, Capital Outlay at 1%. Overall salaries are lower than budget due to vacant positions and Capital Outlay is caused by a delay in availability of all capital equipment. All are well below the benchmark.

Overall revenues are4% of the benchmark. Notably all of the Tax related revenues received in the month of July are for June, and therefore reported in the prior fiscal year. However, reimbursements, encroachment permits, building and sign permits, banner and events are all trending 60%-500% above budget. This demonstrates that there is significant activity that will translate into higher tax revenue.

Additionally, property taxes will be apportioned in December/January.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
All in all the first quarter is strong from a revenue perspective. The trends are in line with prior years whereby the first quarter is slow in tax revenue but is showing much higher than trending revenue associated with growth.

Operational concerns that will begin to show themselves are the increase energy costs, increased fuel, increased chemical and materials costs for treatment (Water and Wastewater), and overall increases in materials costs. These will be addressed at midyear with potential adjustments to the budget at that time.

Additionally, the City has additional grants that will be coming in that will also be handled at midyear.

FINANCIAL IMPACT
No required budget adjustments at this time. No major concerns for operations at this time.

ATTACHMENTS
none

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: December 6, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVE RESOLUTION 22-83 OF THE CITY COUNCIL OF THE CITY OF ANGELS RECITING

THE FACTS OF THE CONSOLIDATED GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 2022, DELCARING THE RESULTS AND OTHER MATTERS REQUIRED BY LAW

RECOMMENDATION
Consider and adopt a resolution of the City Council of the City of Angels Camp reciting the facts of the consolidated general municipal election held on Tuesday, November 8, 2022, declaring the results and other matters required by law.

BACKGROUND
On November 8, 2022, the City of Angels Camp (the “City”) held a consolidated general municipal election (the “Election”) to elect two (2) City Councilmembers. Since the Election was consolidated with the statewide general election, the County of Calaveras (the “County”) conducted the Election. The Election was held in the time, form, and manner as provided by the Elections Code for conduct of municipal elections in general law cities.

DISCUSSION
The Calaveras County Registrar of Voters (the “Registrar”) has certified the results of the Election. The Official Statement of the Vote is attached as Exhibit “A.” When the Registrar certifies the results, the City Administrator, as the current City Elections Official, must certify the Election results to the City Council.[1] Once the City Administrator certifies the Election results, the City Council declares the results of the Election.[2] The City Council must also adopt a resolution reciting the facts of the Election pursuant to Elections Code section 10263. The results of the Election are as follows:

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
Two (2) Members of the City Council for a four (4) year term Vote Count Percent (%)
Alvin Broglio 1,105 38.56%
Gregory “Greg” Smith 854 29.80%
Olga Isabel Moncada 907 31.65%
Since Alvin Broglio and Olga Isabel Moncada received the two (2) highest votes, they have been elected to the City Council for a four (4) year term effective through 2026.

Caroline Schirato was the only candidate of the City Council for a two (2) year term Since Caroline Schirato was the only candidate, they have been elected to the City Council for a two (2) year term effective through 2024.

The Resolution will memorialize the City Administrator’s certification of the results of the Election to the City Council and the City Council’s declaration of the elected City Councilmembers (the “Resolution”). In addition, in compliance with the Elections Code, the Resolution recites the facts of the Election. The Resolution requires the City Administrator, or his or her designee, to enter the results of the Election into the records of the City Council as required by Elections Code section 10264.

After the City Council adopts the Resolution and declares the results of the Election, the City Administrator, or his or her designee, must immediately deliver a certificate of the election to each newly elected City Councilmember.[1] Pursuant to Elections Code section 10265, the City Administrator, or his or her designee, must also administer the oath prescribed in the California Constitution (the “Oath) to each newly elected City Councilmember. Prior to entering office, each newly elected City Councilmember must take and subscribe to the Oath.[4] [1] Elec. Code, § 10262; see Angels Camp Municipal Code section 1.12.020. [2] Elec. Code, § 10263.
[3] Elec. Code, § 10265.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov

FINANCIAL IMPACT
None

ATTACHMENTS

1. Resolution

2. Official Statement of the Vote
[4] Gov. Code, §§ 1360, 36507.
{CW099582.4} 1
RESOLUTION NO. 22-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANGELS CAMP

RECITING THE FACTS OF THE CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 2022, DECLARING THE RESULTS

AND OTHER MATTERS REQUIRED BY LAW
WHEREAS, on November 8, 2022, a general municipal election (the “Election”) was held and conducted in the City of Angels Camp, California (the “City”) as required by law; and WHEREAS, the Election was consolidated with the statewide general election and was conducted by the County of Calaveras (the “County”); and WHEREAS, the notice of the Election was given in time, form, and manner provided by law; the candidates were nominated to fill the vacancy or vacancies as provided by law; the voting precincts were properly established; the election officers were properly appointed; and that in all respects the Election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form, and manner as required by provisions of laws of the State of California relating to general law cities; and WHEREAS, the Calaveras County Registrar of Voters canvassed the returns of the Election and has certified the results to the City Council; the results are received, attached and incorporated herein as Exhibit “A” the (“Certified Statement of the Vote”); and WHEREAS, the City Elections Official has certified the Certified Statement of the Vote to the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANGELS CAMP DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The total whole number of number of ballots cast in the City was Two Thousand Eight Hundred Sixty Six (2,866).

Section 2. The names of the persons voted for at the Election for three (3) members of the City Council are as follows:

Alvin Broglio
Gregory “Greg” Smith
Olga Isabel Moncada
Caroline Schirato
Section 3. The number of votes given at each precinct and the number of votes given in the City to each of the persons named in Section 2 for their respective offices for which the persons were candidates are as listed in attached Exhibit “A.” {CW099582.4} 2
Section 4. The City Council does declare and determine that Alvin Broglio and Olga Isabel Moncada were elected City Councilmembers for the full term of four (4) years.

Section 4a. The City Council does declare and determine that Caroline Schirato is elected City Councilmember for the partial term of two (2) years.

Section 5. The City Elections Official, or his or her designee, shall enter into the records of the City Council, a statement of the result of the Election, showing:
a. The whole number of ballots cast in the City;
b. The names of the persons voted for;
c. For what office each person was voted for;
d. The number of votes given at each precinct to each person; and e. The total number of votes given to each person.

Section 6. The City Elections Official, or his or her designee, shall immediately prepare and present to each elected person a Certificate of Election, signed by the City Elections Official and authenticated.

Section 7. The City Elections Official, or his or her designee, shall administer to each elected person the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. To protect public health, safety and welfare and allow elected persons to assume office pursuant to Elections Code section 10263, the City Elections Official, or his or her designee, may administer the Oath of Office telephonically or electronically. The administration of the Oath of Office telephonically or electronically shall satisfy the requirement, pursuant to Elections Code section 10265, to administer the Oath of Office to each elected person. Each and all of the elected persons shall then be inducted into their respective offices to which they have been elected.

Section 8. The City Clerk Pro Tempore, or his or her designee, shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ANGELS CAMP ON THIS 6TH DAY OF DECEMBER, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:
______________________________
Alvin Broglio, Mayor
ATTEST:
_______________________________
Rose Beristianos, City Clerk
{CW070905.1}

CERTIFYING RESULTS OF A CONSOLIDATED ELECTION

LOCAL ELECTIONS OFFICIAL CHECKLIST
☐ Upon receipt of the election results from the county elections official, the local elections official must agendize for the next regular scheduled meeting of the city council:1 ☐ Adoption of a resolution certifying the results.
☐ Installation of the newly elected officials.
☐ Prepare the resolution certifying the results, which must contain a declaration of the results of the election and recite the following:2
☐ The whole number of votes cast in the city.
☐ The names of the persons voted for.
☐ The measures voted upon.
☐ For what office each person was voted for.
☐ The number of votes given at each precinct to each person and for and against each measure.3
☐ The number of votes given in the city to each person and for and against each measure.
☐ Sign and deliver to each person elected a certificate of election.4 ☐ Administer the Oath of Office prescribed by California Constitution, article XX, section 3, to each person elected.5
☐ File each Oath of Office with the county clerk.
6 1 Elections Code sections 10262(b); 10263(b). If the results are received after the agenda for the next regularly scheduled city council meeting has been posted, a special meeting may be held to certify the results. 2 Ibid.
3 Elections Code section 10417. If the local agency consolidated its election with a statewide general election, the resolution may state that the precincts shall be the same as those provided for the other election within the territory affected by the consolidation. (Ibid.) 4 Government Code section 1360; Elections Code section 10265. 5 Ibid. 6 Government Code section 1363(a)(2).

REBECCA TURNER
Registrar of Voters
891 Mountain Ranch Road
San Andreas, CA 95249
Phone: (209)754-6376
Fax: (209)754-6733
[email protected]

COUNTY OF CALAVERAS

REGISTRAR OF VOTERS
TO: Special Districts
FROM: Robin Glanville, Assistant Clerk-Recorder
DATE: December 5, 2022
RE: Certified Statement of Results for the November 8, 2022, General Election The enclosed Certified Statement of Vote is being sent to you pursuant to Elections Code Section 15372.

At their board meeting on December 13, 2022, the Calaveras County Board of Supervisors will be declaring the Certified Results of the Canvass and approving the appointments for the offices required to be filled by appointment pursuant to Elections Code Sections 10229/10515.

We have included a sample oath of office with this letter as a reminder to administer the oath to the newly appointed board members prior to them conducting any official District business.

If you have any questions or need further information, please contact the Election’s Office at (209) 754-6376.

Enclosures:

Official Election Results
Sample Resolution
Sample Oath of Office
Exhibit A

GOVERNOR - Vote for ONE
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
BRIAN DAHLE REP 1,911 87.50% 12,222 64.15% 4 100.00% 14,137 66.56% GAVIN NEWSOM DEM 273 12.50% 6,830 35.85% 0 0.00% 7,103 33.44% Cast Votes: 2,184 100.00% 19,052 100.00% 4 100.00% 21,240 100.00% Undervotes: 13 308 0 321
Overvotes: 0 5 0 5
LIEUTENANT GOVERNOR - Vote for ONE
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
ANGELA E. UNDERWOOD JACOBS REP 1,876 86.53% 11,667 61.69% 4 100.00% 13,547 64.25% ELENI KOUNALAKIS DEM 292 13.47% 7,245 38.31% 0 0.00% 7,537 35.75% Cast Votes: 2,168 100.00% 18,912 100.00% 4 100.00% 21,084 100.00% Undervotes: 28 452 0 480
Overvotes: 1 1 0 2
SECRETARY OF STATE - Vote for ONE
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
ROB BERNOSKY REP 1,872 86.39% 11,588 61.44% 4 100.00% 13,464 64.02% SHIRLEY N. WEBER DEM 295 13.61% 7,272 38.56% 0 0.00% 7,567 35.98% Cast Votes: 2,167 100.00% 18,860 100.00% 4 100.00% 21,031 100.00% Undervotes: 30 504 0 534
Overvotes: 0 1 0 1
Cumulative Results Report
Official Results
Run Time
Run Date
11:12 AM
12/03/2022
NOVEMBER 8, 2022 - GENERAL ELECTION

CALAVERAS COUNTY
11/8/2022

Page 1 ends

Official Results
Registered Voters
21566 of 32137 = 67.11%
Precincts Reporting
25 of 25 = 100.00%
CONTROLLER - Vote for ONE
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
MALIA M. COHEN DEM 267 12.37% 6,677 35.45% 0 0.00% 6,944 33.07% LANHEE J. CHEN REP 1,891 87.63% 12,160 64.55% 4 100.00% 14,055 66.93% Cast Votes: 2,158 100.00% 18,837 100.00% 4 100.00% 20,999 100.00% Undervotes: 38 527 0 565
Overvotes: 1 1 0 2
TREASURER - Vote for ONE
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
FIONA MA DEM 286 13.27% 7,142 38.11% 0 0.00% 7,428 35.54% JACK M. GUERRERO REP 1,870 86.73% 11,599 61.89% 4 100.00% 13,473 64.46% Cast Votes: 2,156 100.00% 18,741 100.00% 4 100.00% 20,901 100.00% Undervotes: 41 624 0 665
Overvotes: 0 0 0 0
ATTORNEY GENERAL - Vote for ONE
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
ROB BONTA DEM 288 13.26% 7,186 38.04% 0 0.00% 7,474 35.48% NATHAN HOCHMAN REP 1,884 86.74% 11,704 61.96% 4 100.00% 13,592 64.52% Cast Votes: 2,172 100.00% 18,890 100.00% 4 100.00% 21,066 100.00% Undervotes: 25 475 0 500
Overvotes: 0 0 0 0
Cumulative Results Report
Official Results
Run Time
Run Date
11:12 AM
12/03/2022
NOVEMBER 8, 2022 - GENERAL ELECTION

CALAVERAS COUNTY
11/8/2022

Page 2 ends

Official Results
Registered Voters
21566 of 32137 = 67.11%
Precincts Reporting
25 of 25 = 100.00%
INSURANCE COMMISSIONER - Vote for ONE
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
ROBERT HOWELL REP 1,870 86.53% 11,564 61.68% 4 100.00% 13,438 64.26% RICARDO LARA DEM 291 13.47% 7,184 38.32% 0 0.00% 7,475 35.74% Cast Votes: 2,161 100.00% 18,748 100.00% 4 100.00% 20,913 100.00% Undervotes: 35 617 0 652
Overvotes: 1 0 0 1
MEMBER, STATE BOARD OF EQUALIZATION, DISTRICT 1 - Vote for ONE Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
JOSE S. ALTAMIRANO DEM 269 12.47% 6,569 35.19% 0 0.00% 6,838 32.83% TED GAINES REP 1,888 87.53% 12,097 64.81% 4 100.00% 13,989 67.17% Cast Votes: 2,157 100.00% 18,666 100.00% 4 100.00% 20,827 100.00% Undervotes: 40 699 0 739
Overvotes: 0 0 0 0
UNITED STATES SENATOR- FULL TERM - Vote for ONE
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
ALEX PADILLA DEM 293 13.53% 7,356 38.93% 0 0.00% 7,649 36.31% MARK P. MEUSER REP 1,873 86.47% 11,538 61.07% 4 100.00% 13,415 63.69% Cast Votes: 2,166 100.00% 18,894 100.00% 4 100.00% 21,064 100.00% Undervotes: 31 467 0 498
Overvotes: 0 4 0 4
Cumulative Results Report
Official Results
Run Time
Run Date
11:12 AM
12/03/2022
NOVEMBER 8, 2022 - GENERAL ELECTION

CALAVERAS COUNTY
11/8/2022

Page 3 ends

Official Results
Registered Voters
21566 of 32137 = 67.11%
Precincts Reporting
25 of 25 = 100.00%
UNITED STATES SENATOR- PARTIAL TERM - Vote for ONE
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
ALEX PADILLA DEM 302 13.98% 7,326 38.87% 0 0.00% 7,628 36.31% MARK P. MEUSER REP 1,858 86.02% 11,520 61.13% 4 100.00% 13,382 63.69% Cast Votes: 2,160 100.00% 18,846 100.00% 4 100.00% 21,010 100.00% Undervotes: 37 517 0 554
Overvotes: 0 2 0 2
UNITED STATES REPRESENTATIVE, DISTRICT 5 - Vote for ONE Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
MICHAEL J. "MIKE" BARKLEY DEM 299 13.81% 7,303 38.62% 0 0.00% 7,602 36.06% TOM MCCLINTOCK REP 1,866 86.19% 11,608 61.38% 4 100.00% 13,478 63.94% Cast Votes: 2,165 100.00% 18,911 100.00% 4 100.00% 21,080 100.00% Undervotes: 32 451 0 483
Overvotes: 0 3 0 3
STATE SENATOR, DISTRICT 4 - Vote for ONE
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
MARIE ALVARADO-GIL DEM 820 56.20% 7,982 55.48% 0 0.00% 8,802 55.54% TIM ROBERTSON DEM 639 43.80% 6,406 44.52% 1 100.00% 7,046 44.46% Cast Votes: 1,459 100.00% 14,388 100.00% 1 100.00% 15,848 100.00% Undervotes: 734 4,963 3 5,700
Overvotes: 4 14 0 18
Cumulative Results Report
Official Results
Run Time
Run Date
11:12 AM
12/03/2022
NOVEMBER 8, 2022 - GENERAL ELECTION

CALAVERAS COUNTY
11/8/2022

Page 4 ends

Official Results
Registered Voters
21566 of 32137 = 67.11%
Precincts Reporting
25 of 25 = 100.00%
MEMBER OF THE STATE ASSEMBLY, DISTRICT 8 - Vote for ONE Precincts
Counted Total Percent
19 19 100.00%
Voters
Ballots Registered Percent
14,965 21,832 68.55%
Choice Party In-Person Vote By Mail Provisional Total
JIM PATTERSON REP 1,124 81.33% 7,724 65.69% 3 100.00% 8,851 67.34% THOMAS EDWARD NICHOLS LIB 258 18.67% 4,035 34.31% 0 0.00% 4,293 32.66% Cast Votes: 1,382 100.00% 11,759 100.00% 3 100.00% 13,144 100.00% Undervotes: 68 1,751 0 1,819
Overvotes: 0 2 0 2
MEMBER OF THE STATE ASSEMBLY, DISTRICT 9 - Vote for ONE Precincts
Counted Total Percent
6 6 100.00%
Voters
Ballots Registered Percent
6,601 10,305 64.06%
Choice Party In-Person Vote By Mail Provisional Total
MUSHTAQ A TAHIRKHELI DEM 65 8.90% 1,462 25.79% 0 0.00% 1,527 23.86% HEATH FLORA REP 665 91.10% 4,206 74.21% 1 100.00% 4,872 76.14% Cast Votes: 730 100.00% 5,668 100.00% 1 100.00% 6,399 100.00% Undervotes: 17 185 0 202
Overvotes: 0 0 0 0

FOR CHIEF JUSTICE OF CALIFORNIA-PATRICIA GUERRERO
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
Yes 543 29.24% 8,527 55.41% 0 0.00% 9,070 52.59%
No 1,314 70.76% 6,862 44.59% 2 100.00% 8,178 47.41%
Cast Votes: 1,857 100.00% 15,389 100.00% 2 100.00% 17,248 100.00% Undervotes: 339 3,976 2 4,317
Overvotes: 1 0 0 1
Cumulative Results Report
Official Results
Run Time
Run Date
11:12 AM
12/03/2022
NOVEMBER 8, 2022 - GENERAL ELECTION

CALAVERAS COUNTY
11/8/2022

Page 5 ends

Official Results
Registered Voters
21566 of 32137 = 67.11%
Precincts Reporting
25 of 25 = 100.00%

FOR ASSOCIATE JUSTICE OF THE SUPREME COURT-GOODWIN LIU
Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
Yes 554 30.26% 8,285 55.21% 0 0.00% 8,839 52.49%
No 1,277 69.74% 6,721 44.79% 1 100.00% 7,999 47.51%
Cast Votes: 1,831 100.00% 15,006 100.00% 1 100.00% 16,838 100.00% Undervotes: 364 4,356 3 4,723
Overvotes: 2 3 0 5
FOR ASSOCIATE JUSTICE OF THE SUPREME COURT-MARTIN J. JENKINS Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
Yes 570 31.67% 8,289 56.12% 0 0.00% 8,859 53.46%
No 1,230 68.33% 6,480 43.88% 1 100.00% 7,711 46.54%
Cast Votes: 1,800 100.00% 14,769 100.00% 1 100.00% 16,570 100.00% Undervotes: 395 4,594 3 4,992
Overvotes: 2 2 0 4
FOR ASSOCIATE JUSTICE OF THE SUPREME COURT-JOSHUA P. GROBAN Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
Yes 559 31.28% 8,086 55.29% 0 0.00% 8,645 52.68%
No 1,228 68.72% 6,538 44.71% 0 0.00% 7,766 47.32%
Cast Votes: 1,787 100.00% 14,624 100.00% 0 0.00% 16,411 100.00% Undervotes: 410 4,740 4 5,154
Overvotes: 0 1 0 1
Cumulative Results Report
Official Results
Run Time
Run Date
11:12 AM
12/03/2022
NOVEMBER 8, 2022 - GENERAL ELECTION

CALAVERAS COUNTY
11/8/2022

Page 6 ends

Official Results
Registered Voters
21566 of 32137 = 67.11%
Precincts Reporting
25 of 25 = 100.00%

FOR ASSOCIATE JUSTICE, COURT OF APPEAL, THIRD DISTRICT-STACY BOULWARE EURIE Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
Yes 565 32.01% 8,247 57.48% 0 0.00% 8,812 54.69%
No 1,200 67.99% 6,101 42.52% 0 0.00% 7,301 45.31%
Cast Votes: 1,765 100.00% 14,348 100.00% 0 0.00% 16,113 100.00% Undervotes: 431 5,016 4 5,451
Overvotes: 1 1 0 2

FOR ASSOCIATE JUSTICE, COURT OF APPEAL, THIRD DISTRICT-LAURIE EARL Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
Yes 535 30.33% 7,916 54.99% 0 0.00% 8,451 52.30%
No 1,229 69.67% 6,480 45.01% 0 0.00% 7,709 47.70%
Cast Votes: 1,764 100.00% 14,396 100.00% 0 0.00% 16,160 100.00% Undervotes: 433 4,966 4 5,403
Overvotes: 0 3 0 3

FOR ASSOCIATE JUSTICE, COURT OF APPEAL, THIRD DISTRICT-HARRY HULL Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
21,566 32,137 67.11%
Choice Party In-Person Vote By Mail Provisional Total
Yes 871 49.71% 9,047 63.31% 0 0.00% 9,918 61.83%
No 881 50.29% 5,242 36.69% 0 0.00% 6,123 38.17%
Cast Votes: 1,752 100.00% 14,289 100.00% 0 0.00% 16,041 100.00% Undervotes: 443 5,073 4 5,520
Overvotes: 2 3 0 5
Cumulative Results Report
Official Results
Run Time
Run Date
11:12 AM
12/03/2022
NOVEMBER 8, 2022 - GENERAL ELECTION

CALAVERAS COUNTY
11/8/2022

Page 7 ends

Angels Camp City CouncilDecember 6, 2022

Angels Camp City Council
December 6, 2022