“Provide a safe and reliable transportation network that serves all people and respects the environment” locations, scenic highways, and/or other environmental resources within Caltrans ROW, at the project site(s). Include the Initial Study and Proposed Mitigated Negative Declaration (IS-MND) with the Encroachment Permit application submittal. Evidence of consultation with local Native American tribes and interested parties will need to be presented within the technical documents for approval of encroachment in the Caltrans ROW. If there are impacts to protected water resources within Caltrans ROW, Caltrans will need to see the correspondence with the permitting authorities (California Department of Fish and Wildlife (CDFW), United States Army Corps of Engineers, Regional Water Quality Control Board) and be provided copies of the required permits prior to the start of any construction in Caltrans ROW. There are mature trees within and/or near Caltrans ROW that could provide suitable nesting habitat. If work will occur between February 1 and September 30 of any year, a pre-construction bird survey must be conducted by a qualified biologist prior to the start of any construction related activities in Caltrans ROW. If an active nest is observed, a protective buffer must be established around the nest per CDFW guidelines. No work is allowed within the protective buffer limits until the young have fledged and until authorized by the Caltrans District 10 Environmental Office. Results of the pre-construction bird survey(s) must be provided to the Caltrans District 10 Environmental Office prior to the start of construction.
The IS-MND notes the breeding and nesting season as February 1 – August 31 and provides Mitigation Measures BIO-5 and BIO-6 in response. Caltrans considers the nesting season from February 1 – September 31; therefore, any work occurring in or directly adjacent to Caltrans ROW, between February 1 – September 31, will require a preconstruction bird survey during that time.
Traffic Operations
Installation of “Share the Road” signage on a Class III bicycle facility along Finnegan Lane from Main Street (SR 49) south to Angel Oaks/Greenhorn Creek Road.
Hydrology
The proposed site development is adjacent to the state route. The developer needs to ensure that the existing State drainage facilities will not be significantly impacted by the project. If historical undeveloped topography shows drainage from this site flowed into the Caltrans ROW, it may continue to do so with the conditions that peak flows may not be increased from the pre-construction quantity and the site runoff be treated to meet present storm water quality standards. If historical undeveloped topography shows drainage from this site did not flow into the State Right-of-Way, then it will not be allowed to flow into the Caltrans ROW at this time.
Caltrans would like to review the pre- and post-construction runoff calculations and drainage plans to understand flow patterns. Additional review will be done once drainage plans and calculations are submitted.
1B
1C
1D
1E
Ms. Amy Augustine
May 17, 2023
“Provide a safe and reliable transportation network that serves all people and respects the environment” Encroachment Permits
If any project activities encroach into Caltrans ROW, the project proponent must submit an application for an Encroachment Permit to the Caltrans District 10 Encroachment Permit Office. Appropriate environmental studies must be submitted with this application. For more information please visit the Caltrans Website at:
https://dot.ca.gov/programs/traffic-operations/ep/applications If you have any questions or concerns, please contact Shiferaw Jemberie (209) 986-9635 (email: [email protected]) or me at (209) 483-7234 (email:
Gregoria Ponce’, Chief
Office of Rural Planning
cc: State Clearinghouse
Gabriel Elliott, Planning Director, Calaveras County Planning Department Sincerely,
1F
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3.1.2 Responses to Caltrans District 10
Comment 1A: Restates the project description and suggests that the City continue to coordinate with Caltrans regarding the project and cumulative projects.
Response 1A: The overview of the project is acknowledged. The City continues to coordinate with Caltrans District 10, Local Assistance. Caltrans has reviewed and approved the environmental technical studies, is the lead agency under the National Environment Policy Act (NEPA), and is involved in reviewing and approving the engineering design plans for this project. The City will continue to work with Caltrans as this project progresses.
Comment 1B: An Encroachment Permit will be required for the potion of the project that is within State right-of-way. The Encroachment Permit application package will need to include CEQA documentation, including technical studies and the IS/MND. Evidence of Native American consultation will be required, as will correspondence with any permitting authorities.
Response 1B: The proposed project will obtain an encroachment permit. This permit has been added to Table 2-2, Permits and Approvals Needed, within the IS/MND. In addition, and as mentioned in Response 1A, the City has been coordinating with Caltrans through out the Project Approval/Environmental Document phase of this project. As discussed in IS/MND Appendix E, five technical studies have been prepared, reviewed and approved by the City and Caltrans. These include: Community Impact Assessment; Phase I Initial Site Assessment; Natural Environmental Study; Historic Property Survey Report with attached Archaeological Survey Report and Historic Resources Evaluation Report; and the Visual Impact Assessment. The IS/MND analyzes the project’s effects on 21 environmental resources, including cultural resources and historic properties (IS/MND Section 4.4, Cultural Resources), biological resources (IS/MND Section 4.3, Biological Resources), hazardous waste locations (IS/MND Section 4.8, Hazards and Hazardous Materials), and scenic highways (IS/MND Section 4.1, Aesthetics). In addition, IS/MND Section 4.15, Tribal Cultural Resources, provides information regarding Native American consultation. Mitigation Measure BIO-7 requires the City to obtain a Streambed Alteration Agreement (Section 1602 permit) from CDFW and a Waste Discharge Requirement (WDR) from the RWQCB.
All of this information will be provided to Caltrans in the Encroachment Permit application package.
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Comment 1C: Mature trees are within and near Caltrans ROW. Caltrans considers the nesting season to be from February 1 through September 31; thus, any work in or near Caltrans ROW between February 1 and September 31 will require preconstruction bird surveys.
Response 1C: The Natural Environment Study (NES) prepared for the proposed project (Dewberry | Drake Haglan, 2021) was reviewed and approved by the City and Caltrans Local Assistance in October 2021. The City will comply with pre-construction surveys per the permitting agencies, including Caltrans for the Encroachment Permit and CDFW for the Streambed Alteration Agreement (Section 1602 permit). Within the Caltrans ROW at the Main Street (SR 49)/Vallecito Road/Finnegan Lane intersection, where the permits differ, the more stringent measures will be followed.
Comment 1D: Restates that the project will install “Share the Road” signage on a Class III facility.
Response 1D: The statement regarding signage on the Class III facility on Finnegan Lane is acknowledged. No response required.
Comment 1E: Ensure that existing State drainage facilities will not be significantly impacts by the project. Caltrans would like to review pre- and postconstruction runoff calculations and drainage plans to understand flow patterns.
Response 1E: The IS/MND discusses drainage within Section 4.10, Hydrology and Water Quality. The pedestrian bridge over Angels Creek, along Vallecito Road, would conform to existing sidewalk facilities. The Class III facility on Finnegan Lane would require the installation of crosswalk improvements and pedestrian beacons at the intersection of Finnegan Lane, Vallecito Road, and Main Street (SR 49), as depicted in Figure 2-4b, of the IS/MND. The proposed project would not alter the course of Angels Creek nor would it alter the existing drainage pattern of the project site, within Caltrans ROW. In addition, and as mentioned in Responses 1A and 1B, the City has been coordinating with Caltrans throughout the Project Approval/Environmental Document phase of this project. Caltrans Local Assistance will continue to be involved in reviewing and approving the engineering design plans for this project.
Comment 1F: Restates that an Encroachment Permit is required to be obtained from the Caltrans District 10 Encroachment Permit Office is the project encroaches into Caltrans ROW.
Response 1F: Refer to Responses 1A and 1B.
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3.2 Letter 2 – California Department of Fish and Wildlife (CDFW)
3.2.1 CDFW Comment Letter
1 Haggerty, Nicole@Wildlife
From: Kearns, Zachary@Wildlife
Sent: Monday, June 5, 2023 1:12 PM
To: [email protected]
Cc: Wildlife R2 CEQA; Wilson, Billie@Wildlife; Sheya, Tanya@Wildlife; Haggerty, Nicole@Wildlife; Purdy, Colin@Wildlife
Subject: CDFW Comments - Angels Creek Trail and Transit Hub Facility Project - IS/MND Categories: Green Category
Hello Christa Redd,
The California Department of Fish and Wildlife (CDFW) appreciates the opportunity to comment on the Initial Study/Mitigated Negative Declaration (IS/MND) for the Angels Creek Trail and Transit Hub Facility Project (project).
CDFW is responding to the IS/MND as a Trustee Agency for fish and wildlife resources (Fish & G. Code, §§ 711.7 & 1802, and CEQA Guidelines, §§ 15386), and as a Responsible Agency regarding any discretionary actions (CEQA Guidelines Section 15381), such as the issuance of a Lake or Streambed Alteration Agreement (California Fish and Game Code Sections 1600 et seq.) and/or a California Endangered Species Act (CESA) Permit for incidental take of endangered, threatened, and/or candidate species (California Fish and Game Code Sections 2080 and 2080.1).
The project is located at approximately Latitude: 38.0682, Longitude: -120.539011, in Calaveras County. The project consists of the construction of a new, Class I bicycle and pedestrian path adjacent to Angels Creek, starting at Kurt Drive and ending at Main Street, a Class III bicycle facility along Finnegan Lane from Main Street south to Angel Oaks and Greenhorn Creek Road, a new connection Class I trail along the Angel Oaks and Greenhorn Creek Road alignment to connect Greenhorn Creek subdivision to Finnegan Lane, and a transit hub on Vallecito Road.
CDFW recommends the following items be addressed in the future planning of the project:
1. Nesting Birds. Sections 3503, 3503.5, and 3513 of the Fish and Game Code protect nesting and migratory birds and birds of prey. Section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by the Fish and Game Code or any regulation made pursuant thereto.
Section 3503.5 states that it is unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by the Fish and Game Code or any regulation adopted pursuant thereto. Section 3513 states that it is unlawful to take or possess any migratory nongame bird as designated in the federal Migratory Bird Treaty Act.
CDFW recommends that nesting bird surveys be conducted if project activities are scheduled to occur between February 1 and August 31, to fully encapsulate the potential nesting season. The survey should take place no more than 15 calendar days prior to ground disturbing activities. CDFW typically recommends a minimum of a 500-foot radius for migrating birds, and a ½ mile radius for nesting raptors.
2. Moving out of Harm’s Way: The proposed project is anticipated to result in disturbances to natural habitats that support native species. To avoid direct mortality, a qualified biologist who is approved by CDFW to handle Townsend's big-eared bat (Corynorhinus townsendii, SSC), or other special status species, may be retained to be onsite prior to and during all project-related activities to move out of harm’s way special status species or other wildlife of low or limited mobility, that would otherwise be injured or killed from project-related activities.
Movement of wildlife out of harm’s way should be limited to only those individuals that would otherwise be injured or killed, and individuals should be moved only as far a necessary to ensure their safety. 2B
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2A
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2 3. Tricolored Blackbird. Please note, the California Natural Diversity Database (CNDDB) has records of at least three (3) previous occurrences of Tricolored Blackbirds within three (3) miles of the project location. If it is determined the Project may have the potential to result in "take," as defined in the Fish and Game Code, section 86, of a CESA-listed species, then the City of Angels should disclose that an incidental take permit (ITP) or a consistency determination (Fish & G. Code, §§ 2080.1 & 2081) may be needed prior to starting construction activities. The IS/MND should include all avoidance and minimization to reduce the impacts to a less than significant level. If impacts to listed species are expected to occur even with the implementation of these measures, mitigation measures should be proposed to fully mitigate the impacts to CESA-listed species (Cal.
Code Regs., tit. 14, § 783.2, subd. (a)(8)). If the City of Angels does not pursue CESA authorization and encounters any CESA-listed species during project activities, work should be immediately suspended and CDFW notified. Work should not re-initiate until the City of Angels has consulted with CDFW and can demonstrate compliance with CESA.
4. Tree Roosting Bats: The document states that project activities will occur in likely habitat of tree roosting bats. If roost trees are removed during the colder months, bats may be in hibernation and unable to escape. To avoid potential impacts to both maternity colonies and hibernating bats, CDFW recommends that tree removal be scheduled either in the spring between approximately March 1 (or when evening temperatures are above 45°F) and April 15, or in fall between approximately September 1 and October 15 (or prior to evening temperatures dropping below 45°F and the onset of rainfall greater than one-half inch in 24 hours). If bats must be captured or relocated, a qualified biologist should capture injured bats by hand-capture or other methods approved by CDFW. CDFW does not authorize the use of mist nets or harp traps as capture techniques.
5. Passive Relocation and Entrapment Prevention: At the end of each workday, any structures where wildlife may become trapped (e.g. open pipes, pits, trenches, etc.) should be tightly covered with hard material to prevent wildlife from entering, or an escape ramp should be placed at each end of any open excavation to allow wildlife that may become trapped to climb out overnight. The ramp may be constructed of either dirt fill or wood planking or other suitable material that is placed at an angle no greater than thirty (30) degrees. A qualified biologist or construction monitor should survey the project area to ensure wildlife incidentally trapped due to project activities are allowed to escape prior to project commencement.
6. Lake and Streambed Alteration: The project location occurs along stretches of Angels Creek. The IS/MND indicates that a Lake and Streambed Alteration Agreement will be obtained prior to project initiation. CDFW encourages the City of Angels to Notify CDFW at least three (3) months prior to planned project start dates to try and avoid project delays due to permitting review timelines.
All Standard LSA Notifications must be submitted online through CDFW’s Environmental Permit Information Management System (EPIMS). For more information about EPIMS, please visit https://wildlife.ca.gov/Conservation/Environmental-Review/EPIMS. More information about LSA Notifications, paper forms and fees may be found at https://www.wildlife.ca.gov/Conservation/Environmental-Review/LSA.
Pursuant to Public Resources Code sections 21092 and 21092.2, CDFW requests written notification of proposed actions and pending decisions regarding the project. Written notifications may be directed to: California Department of Fish and Wildlife North Central Region, 1701 Nimbus Road, Rancho Cordova, CA 95670.
CDFW appreciates the opportunity to comment on the project and recommends that the County address CDFW’s comments and concerns in the forthcoming CEQA document. CDFW personnel are available for consultation regarding biological resources and strategies to minimize impacts. 2D
2E
2F
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3 If you have any questions regarding the comments provided in this letter or wish to schedule a meeting and/or site visit, please contact Zach Kearns, Environmental Scientist at (916) 358-1134 or [email protected].
Sincerely,
Zach Kearns
Environmental Scientist
(916) 358-1134
1701 Nimbus Rd.
Rancho Cordova, CA 95670
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3.2.2 Responses to CDFW
Comment 2A: The role as a Trustee Agency as well as a Responsible Agency is established and the project is summarized.
Response 2A: The role of CDFW and the summary of the project is acknowledged. No further response is required.
Comment 2B: CDFW recommends that nesting bird surveys be conducted if project activities are scheduled to occur between February 1 and August 31. The survey should take place no more than 15 calendar days prior to ground disturbing activities.
Response 2B: IS/MND Section 4.3, Biological Resources, discusses project impacts on nesting birds. Mitigation Measures BIO-5 and BIO-6 require pre-construction surveys for nesting and other migratory birds no less than 14 days prior to construction between February 1 and August 31. Mitigation Measure BIO-5 has been revised to reflect the 500-foot and 0.5-mile no-work buffer zones for non-raptor and raptor nests, respectively.
Comment 2C: The project would disturb natural habitat, thus a CDFW-approved qualifies biologist would be required to handle Townsend’s big-eared bat or other sensitive species during project construction to move them out of harm’s way.
Response 2C: As discussed in IS/MND Section 4.3, Biological Resources, Mitigation Measure BIO-4, a bat survey shall be construction by a qualitied biologist prior to May 1st and no less than 14 days prior to the start of construction. This mitigation measure also includes bat exclusionary devices be installed, and a no-work buffer be established in coordination with CDFW if bats are identified roosting in the construction limits or immediately adjacent. The language in BIO-4 has been revised from “qualified biologist” to “CDFW-approved qualified biologist.”
Comment 2D: CNDDB records show three previous occurrences of tricolored blackbirds within three miles of the project site. The IS/MND should include all avoidance and minimization measures to reduce the impacts to a less than significant level if the species is within the project site.
Response 2D: As stated within the Natural Environment Study (NES) (Dewberry | Drake Haglan 2022), no suitable nesting habitat is present within the biological study area for tricolored blackbirds. In addition, per Mitigation Measure BIO-5 and BIO-6, preconstruction bird surveys will be required no less than 14 days prior to construction beginning between February 1 and August 31. Therefore, if tricolored blackbirds are identified during the pre-construction nesting and migratory bird surveys, then additional measures would be implemented per the CDFW-approved qualified biologist and in consultation with CDFW.
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Comment 2E: CDFW recommends that tree removal be scheduled either in the spring between approximately March 1 (or when evening temperatures are about 45°F) and April 15, or in the fall between September 1 and October 15, for hibernating bats. CDFW does not authorize the use of mist nets or harp traps as capture techniques if bats must be captured or relocated.
Response 2E: As discussed in IS/MND Section 4.3, Biological Resources, the pallid bat, Townsend’s big-eared bat, and western red bat are all designated as species of special concern by CDFW. There is one recorded occurrence for pallid bat and for Townsend’s big-eared bat within five miles of the BSA. No bats or signs of bats (i.e., guano or urine staining) were observed during the May 2018 field survey. The large trees and snags within the BSA could provide suitable roosting habitat for pallid bat.
Mitigation Measure BIO-4 requires the following:
• A bat survey be conducted by a CDFW-approved qualified biologist in suitable habitat prior to May 1st, and no less than 14 days prior to the start of construction. • If bats are detected within roosts at the time of the survey, exclusionary measures will be implemented by a CDFW-approved qualified biologist to exclude bats from roosts if the roost location is determined to potentially be impacted by construction activities and the roost is not a maternity-related roost or nursery.
• If bats are identified roosting in a tree that will be removed, or are roosting immediately adjacent to trees being removed, work will not begin until an appropriate no-work buffer zone has been established. The size of the no-work buffer zone will be determined in consultation with the CDFW. • The no-work buffer zone will be delineated by highly visible temporary construction fencing.
• No tree removal would commence within the no-work buffer zone until a qualified biologist determines bats are no longer roosting in the trees.
Comment 2F: Any structures where wildlife may become entrapped should be tightly covered with hard material to prevent wildlife from entering, or an escape ramp should be placed at each end of an open excavation to allow wildlife that may become trapped to climb our overnight. A qualified biologist should survey the project are to ensure wildlife incidentally trapped are allowed to escape prior to project commencement.
Response 2F: The IS/MND discusses the best management practices (BMPs) regarding the movement of wildlife species in Section 4.3, Biological Resources, Section 4.3.2, Discussion, question (subsection) d. The IS/MND states that the project will implement the following BMPs:
• Pipes or similar structures will be capped if stored overnight. • Excavated holes and trenches will have escape ramps.
• Any open holes and trenches will be closed with plywood at the end of each workday.
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Comment 2G: CDFW encourages the City to Notify CDFW at least three months prior to planned project start to avoid project delays due to permitting review timelines. All notifications are required to be submitted online through EPIMS.
Response 2G: Mitigation Measure BIO-7 requires the City to obtain a Streambed Alteration Agreement (Section 1602 permit) from CDFW and a Waste Discharge Requirement (WDR) from the RWQCB. The City will work with CDFW in obtaining the SAA and will submit the application prior to construction in order to provide sufficient time for the permitting review process.
Comment 2H: CDFW requests written notification of the actions and pending decisions of the project and appreciates the opportunity to comment.
Response 2H: The request to be notified of project activity and decisions is acknowledged. No further response is required.
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3.3 Letter 3 – Central Valley Regional Water Quality Control Board (CVRWQCB)
3.3.1 CVRWQCB Comment Letter
Central Valley Regional Water Quality Control Board
5 June 2023
Amy Augustine
City of Angels
P.O. Box 667
Angels Camp, CA 95222
[email protected]
COMMENTS TO REQUEST FOR REVIEW FOR THE MITIGATED NEGATIVE
DECLARATION, ANGELS CREEK TRAIL AND TRANSIT HUB FACILITY PROJECT, SCH#2023050036, CALAVERAS COUNTY
Pursuant to the State Clearinghouse’s 2 May 2023 request, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) has reviewed the Request for Review for the Mitigated Negative Declaration for the Angels Creek Trail and Transit Hub Facility Project, located in Calaveras County.
Our agency is delegated with the responsibility of protecting the quality of surface and groundwaters of the state; therefore, our comments will address concerns surrounding those issues.
I. Regulatory Setting
Basin Plan
The Central Valley Water Board is required to formulate and adopt Basin Plans for all areas within the Central Valley region under Section 13240 of the Porter-Cologne Water Quality Control Act. Each Basin Plan must contain water quality objectives to ensure the reasonable protection of beneficial uses, as well as a program of implementation for achieving water quality objectives with the Basin Plans. Federal regulations require each state to adopt water quality standards to protect the public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act. In California, the beneficial uses, water quality objectives, and the Antidegradation Policy are the State’s water quality standards. Water quality standards are also contained in the National Toxics Rule, 40 CFR Section 131.36, and the California Toxics Rule, 40 CFR Section 131.38.
The Basin Plan is subject to modification as necessary, considering applicable laws, policies, technologies, water quality conditions and priorities. The original Basin Plans were adopted in 1975, and have been updated and revised periodically as required, using Basin Plan amendments. Once the Central Valley Water Board has adopted a Basin Plan amendment in noticed public hearings, it must be approved by the State Water Resources Control Board (State Water Board), Office of 3A
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Administrative Law (OAL) and in some cases, the United States Environmental Protection Agency (USEPA). Basin Plan amendments only become effective after they have been approved by the OAL and in some cases, the USEPA. Every three (3) years, a review of the Basin Plan is completed that assesses the appropriateness of existing standards and evaluates and prioritizes Basin Planning issues. For more information on the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, please visit our website:
http://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/ Antidegradation Considerations
All wastewater discharges must comply with the Antidegradation Policy (State Water Board Resolution 68-16) and the Antidegradation Implementation Policy contained in the Basin Plan. The Antidegradation Implementation Policy is available on page 74 at:
https://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/sacsjr_2018
05.pdf
In part it states:
Any discharge of waste to high quality waters must apply best practicable treatment or control not only to prevent a condition of pollution or nuisance from occurring, but also to maintain the highest water quality possible consistent with the maximum benefit to the people of the State.
This information must be presented as an analysis of the impacts and potential impacts of the discharge on water quality, as measured by background concentrations and applicable water quality objectives.
The antidegradation analysis is a mandatory element in the National Pollutant Discharge Elimination System and land discharge Waste Discharge Requirements (WDRs) permitting processes. The environmental review document should evaluate potential impacts to both surface and groundwater quality.
II. Permitting Requirements
Construction Storm Water General Permit
Dischargers whose project disturb one or more acres of soil or where projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit), Construction General Permit Order No. 2009-0009-DWQ. Construction activity subject to this permit includes clearing, grading, grubbing, disturbances to the ground, such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). For more information on the Construction General Permit, visit the State Water Resources Control Board website at:
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http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.sht ml
Clean Water Act Section 404 Permit
If the project will involve the discharge of dredged or fill material in navigable waters or wetlands, a permit pursuant to Section 404 of the Clean Water Act may be needed from the United States Army Corps of Engineers (USACE). If a Section 404 permit is required by the USACE, the Central Valley Water Board will review the permit application to ensure that discharge will not violate water quality standards. If the project requires surface water drainage realignment, the applicant is advised to contact the Department of Fish and Game for information on Streambed Alteration Permit requirements. If you have any questions regarding the Clean Water Act Section 404 permits, please contact the Regulatory Division of the Sacramento District of USACE at (916) 557-5250.
Clean Water Act Section 401 Permit – Water Quality Certification If an USACE permit (e.g., Non-Reporting Nationwide Permit, Nationwide Permit, Letter of Permission, Individual Permit, Regional General Permit, Programmatic General Permit), or any other federal permit (e.g., Section 10 of the Rivers and Harbors Act or Section 9 from the United States Coast Guard), is required for this project due to the disturbance of waters of the United States (such as streams and wetlands), then a Water Quality Certification must be obtained from the Central Valley Water Board prior to initiation of project activities. There are no waivers for 401 Water Quality Certifications. For more information on the Water Quality Certification, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/water_issues/water_quality_certificatio n/
Waste Discharge Requirements – Discharges to Waters of the State If USACE determines that only non-jurisdictional waters of the State (i.e., “nonfederal” waters of the State) are present in the proposed project area, the proposed project may require a Waste Discharge Requirement (WDR) permit to be issued by Central Valley Water Board. Under the California Porter-Cologne Water Quality Control Act, discharges to all waters of the State, including all wetlands and other waters of the State including, but not limited to, isolated wetlands, are subject to State regulation. For more information on the Waste Discharges to Surface Water NPDES Program and WDR processes, visit the Central Valley Water Board website at:https://www.waterboards.ca.gov/centralvalley/water_issues/waste_to_surface_wat er/
Projects involving excavation or fill activities impacting less than 0.2 acre or 400 linear feet of non-jurisdictional waters of the state and projects involving dredging activities impacting less than 50 cubic yards of non-jurisdictional waters of the state may be eligible for coverage under the State Water Resources Control Board Water Quality Order No. 2004-0004-DWQ (General Order 2004-0004). For more information on the General Order 2004-0004, visit the State Water Resources Control Board website at:
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https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/200 4/wqo/wqo2004-0004.pdf
Dewatering Permit
If the proposed project includes construction or groundwater dewatering to be discharged to land, the proponent may apply for coverage under State Water Board General Water Quality Order (Low Threat General Order) 2003-0003 or the Central Valley Water Board’s Waiver of Report of Waste Discharge and Waste Discharge Requirements (Low Threat Waiver) R5-2018-0085. Small temporary construction dewatering projects are projects that discharge groundwater to land from excavation activities or dewatering of underground utility vaults. Dischargers seeking coverage under the General Order or Waiver must file a Notice of Intent with the Central Valley Water Board prior to beginning discharge.
For more information regarding the Low Threat General Order and the application process, visit the Central Valley Water Board website at:
http://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2003/ wqo/wqo2003-0003.pdf
For more information regarding the Low Threat Waiver and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/waiv ers/r5-2018-0085.pdf
Limited Threat General NPDES Permit
If the proposed project includes construction dewatering and it is necessary to discharge the groundwater to waters of the United States, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. Dewatering discharges are typically considered a low or limited threat to water quality and may be covered under the General Order for Limited Threat Discharges to Surface Water (Limited Threat General Order). A complete Notice of Intent must be submitted to the Central Valley Water Board to obtain coverage under the Limited Threat General Order. For more information regarding the Limited Threat General Order and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/gene ral_orders/r5-2016-0076-01.pdf
NPDES Permit
If the proposed project discharges waste that could affect the quality of surface waters of the State, other than into a community sewer system, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. A complete Report of Waste Discharge must be submitted with the Central Valley Water Board to obtain a NPDES Permit. For more information regarding the NPDES Permit and the application process, visit the Central Valley Water Board website at: https://www.waterboards.ca.gov/centralvalley/help/permit/ 3E
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If you have questions regarding these comments, please contact me at (916) 464-4684 or [email protected].
Peter Minkel
Engineering Geologist
cc: State Clearinghouse unit, Governor’s Office of Planning and Research, Sacramento
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3.3.2 Responses to CVRWQCB
Comment 3A: Identifies the Water Quality Control Plan for the Sacramento and San Joaquin River Basins as the applicable Basin Plan for the Project Area, Nos specific comments are related to the project.
Response 3A: The overview is acknowledged. No further response required.
Comment 3B: All wastewater discharges must comply with the anti-degradation policy and anti-degradation implementation policy in the Basin Plan.
Response 3B: The IS/MND Section 4.3, Biological Resources, Section 4.6, Geology and Soils, and Section 4.9, Hydrology and Water Quality, address potential impacts to surface and groundwater quality. In summary, the IS/MND states that potential impacts to water quality could occur and mitigation measures are required to minimize these potential impacts. In addition, the proposed project is required to develop a Stormwater Pollution Prevention Plan (SWPPP) and would comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit. Construction areas would be revegetated and erosion control measures during construction would be implemented as required by Mitigation Measures BIO-5, BIO-7, BIO-8, and BIO-9.
Mitigation Measure BIO-7 requires the City to obtain a Streambed Alteration Agreement (Section 1602 permit) from CDFW and a Waste Discharge Requirement (WDR) from the RWQCB. In addition, Mitigation Measure BIO-9 requires standard construction BMPs as included in the Stormwater Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP). This mitigation measure also includes erosion and sedimentation control using mulches, soil binders/erosion control blankets, silt fencing, fiber rolls, and temporary berms. Exposed soils will be covered and stabilized by loose bulk materials to reduce erosion and runoff. The required mitigation measure will be implemented prior to ground disturbance and maintained throughout project construction. Disturbed areas will be restored to pre-construction conditions or better and revegetated with native or approved non-invasive exotic species.
The mitigation measures and permits required address the comment. No additional response is required.
Comment 3C: Construction activities which disturb more than one acre (or that disturb less than one acre, but are part of a larger plan that will, in total, disturb one or more acres) are required to obtain a General Permit for stormwater discharges associated with construction activities.
Response 3C: The proposed project will require an NPDES General Construction Permit, with associated SWPPP. See Response 3B.
C-21
Comment 3D: If a Section 404 permit is needed for the project, the CVRWQCB will review the application to ensure that the discharge will not violate water quality standards.
Response 3D: The proposed project is not within U.S. Army Corps of Engineers (USACE) jurisdiction and will not discharge dredged or fill materials into waters or wetlands. Therefore, the project will not require a Section 404 permit. Also refer to Response 3B.
Comment 3E: If a Section 404 Permit is required, or any other federal permit, then a Water Quality Certification (Section 401 Permit) must be obtained by the CVRWQCB. If a Section 404 Permit is not required, and there are only waters of the State in the project area, then the project will be required to obtain a Waste Discharge Requirement (WDR) Permit.
Response 3E: Refer to Responses 3B and 3D. The project will not require a Section 401 Permit (Water Quality Certification); however, it will require a WDR permit.
Mitigation Measure BIO-7 requires the City to obtain a Streambed Alteration Agreement (Section 1602 permit) from CDFW and a Waste Discharge Requirement (WDR) from the RWQCB.
Comment 3F: Identifies requirements for construction or groundwater dewatering to be discharged on land (Dewatering Permit).
Response 3F: The project does not include dewatering activities. Therefore, a dewatering permit is not required.
Comment 3G: Construction activities that requires dewatering or has discharge of waste that could affect the quality of surface waters of the State, then an NPDES permit will be required.
Response 3G: Refer to Responses 3B, 3C, and 3E. The project will require an NPDES General Construction Permit, with associated SWPPP.
Appendix D. Mitigation Summary Table
Appendix D. Summary of Impacts, Mitigation Measures, and Level of Significance After Mitigation Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Aesthetics
Have a substantial adverse effect
on a scenic vista?
Potentially
Significant Implement Mitigation Measures BIO-7 and BIO-8 LTS Substantially damage scenic
resources, including, but not
limited to, trees, rock
outcroppings, and historic
buildings within a state scenic
highway?
Potentially
Significant Implement Mitigation Measures BIO-7 and BIO-8 LTS In non-urbanized, areas,
substantially degrade the existing
visual character or quality of
public views of the site and its
surroundings? (Public views are
those that are experienced from
publicly accessible vantage
point). If the project is in an
urbanized area, would the project
conflict with applicable zoning
Potentially
Significant Implement Mitigation Measures BIO-7 and BIO-8 LTS Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
and other regulations governing
scenic quality?
Create a new source of
substantial light or glare which
would adversely affect daytime or
nighttime views in the area?
No Impact None required. No Impact
Agriculture and Forestry Resources
Convert Prime Farmland, Unique
Farmland, or Farmland of
Statewide Importance
(Farmland), as shown on the
maps prepared pursuant to the
Farmland Mapping and
Monitoring Program of the
California Resources Agency, to
non-agricultural use?
No Impact None required. No Impact
Conflict with existing zoning for
agricultural use, or a Williamson
Act contract?
No Impact None required. No Impact
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Conflict with existing zoning for,
or cause rezoning of, forest land
(as defined in Public Resources
Code section 12220(g)),
timberland (as defined by Public
Resources Code section 4526),
or timberland zoned Timberland
Production (as defined by
Government Code section
51104(g))?
No Impact None required. No Impact
Result in the loss of forest land or
conversion of forest land to nonforest use?No Impact None required. No Impact Involve other changes in the
existing environment which, due
to their location or nature, could
result in conversion of Farmland
to non-agricultural use or
conversion of forest land to nonforest use?
No Impact None required. No Impact
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Air Quality
Conflict with or obstruct
implementation of the applicable
air quality plan?
Less than
Significant None required. Less than Significant
Result in a cumulatively
considerable net increase of any
criteria pollutant for which the
project region is non-attainment
under an applicable federal or
state ambient air quality
standard?
Less than
Significant None required. Less than Significant
Expose sensitive receptors to
substantial pollutant
concentrations?
Less than
Significant None required. Less than Significant
Result in other emissions (such
as those leading to odors)
adversely affecting a substantial
number of people?
Less than
Significant None required. Less than Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Biological Resources
Have a substantial adverse
effect, either directly or through
habitat modifications, on any
species identified as a candidate,
sensitive, or special-status
species in local or regional plans,
policies, or regulations, or by the
California Department of Fish and
Game or U.S. Fish and Wildlife
Service?
Potentially
Significant
BIO-1: A qualified biologist shall conduct a preconstruction survey for special-status plant species within 30 days prior to construction, during the appropriate blooming period. If Red Hills soaproot or any other special-status plant species are not found, then no further measures are necessary. If Red Hills soaproot or other special-status plant species is observed during the preconstruction surveys, CDFW shall be notified at least 10 days prior to construction activities, in accordance with the California Native Plant Protection Act of 1977 (CFGC Section 1900-1913) to allow sufficient time to transplant the individuals to a suitable location.
BIO-2: The following shall be implemented for FYLF:
• A qualified biologist will conduct a preconstruction survey within 24 hours prior to the start of construction activities within the riparian and aquatic habitat in the BSA.
• A qualified biologist will monitor any vegetation removal in or adjacent to Angels Creek.
• The upstream and downstream limits of the project will be flagged and/or signed to prevent the encroachment of construction personnel and equipment into any sensitive areas during project construction work.
• Prior to construction, environmental awareness training will be conducted for construction personnel to brief them on how to Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
recognize FYLF. Construction personnel shall be informed that if a FYLF is encountered in the work area, construction will stop and CDFW will be contacted for guidance. A training log sign-in sheet will be maintained.
• If frogs are found at any time during project work, construction will stop and CDFW will be contacted immediately for further guidance.
• The project proponent shall submit the name and credentials of the project's biologist(s) to CDFW for review and approval no less than 15 days prior to the onset of construction activities. • Staging areas as well as fueling and maintenance activities shall be a minimum of 100 feet from riparian or aquatic habitats.
Staging areas less than 100 feet from Angels Creek will only be allowed with CDFW and RWQCB authorization. The project
proponent will prepare a spill prevention and clean-up plan. • The project proponent and contractor will prepare an erosion control plan. The erosion control plan shall be prepared and submitted to the City for review and approval by the City Engineer prior to commencing construction. The City will inspect the control measures to verify they are complete.
• If a work site is to be temporarily dewatered by pumping, intakes shall be completely screened with wire mesh not larger than five millimeters.
• Upon completion of construction activities, any barriers to flow shall be removed in a manner that would allow flow to resume with the least disturbance to the substrate.
BIO-3: The following shall be implemented for western pond turtle:
• No more than two weeks (14 days) prior to the commencement of ground-disturbing activities, the City, or project proponent, shall retain a qualified biologist to perform surveys for western pond turtle within suitable aquatic and upland habitat within the BSA.
Surveys will include western pond turtle nests as well as individuals. The biologist (with the appropriate agency permits) will temporarily move any identified western pond turtles upstream of the construction area, and temporary barriers will be placed around the construction area to prevent ingress.
Construction will not proceed until the work area is determined to be free of turtles. The results of these surveys will be documented in a technical memorandum that will be submitted to CDFW (if turtles are identified and relocated).
• Environmental awareness training, as described in BIO-2, will be conducted for construction personnel to brief them on how to recognize western pond turtle.
• Standard construction BMPs, as described under BIO-2, shall be implemented throughout construction to avoid and minimize adverse effects to the water quality within the BSA.
BIO-4: The following shall be implemented for special-status bat species:
• A bat survey shall be conducted by a CDFW-approved qualified biologist in suitable habitat prior to May 1st, or no less than 14 days prior to the start of construction. If no roosting bats, maternity roosts, or nurseries are found, no further mitigation will be necessary.
• If bats are detected within roosts at the time of the survey, exclusionary measures will be implemented by a CDFWapproved qualified biologist to exclude bats from roosts if the Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
roost location is determined to potentially be impacted by construction activities and the roost is not a maternity-related roost or nursery. The timing and other methods of exclusionary measures will be developed by the qualified biologist in order to reduce stress on the bats while taking into account project schedule. Exclusionary devices, such as plastic sheeting, and plastic or wire mesh, can be used to allow for bats to exit but not re-enter any occupied roosts. Expanding foam and plywood sheets can be used to prevent bats from entering unoccupied roosts.
• Day-time construction activities (between approximately 8:00 AM and 5:00 PM) will not affect bats foraging at night. Though bats could roost in the trees in the PIA, there is no feasible method of preventing bats from roosting in them; therefore, a
preconstruction survey shall be conducted an hour prior to sunrise the day of scheduled tree removal activities. If bats are identified roosting in a tree that will be removed, or are roosting immediately adjacent to trees being removed, work will not begin until an appropriate no-work buffer zone has been established.
The size of the no-work buffer zone will be determined in consultation with the CDFW. The no-work buffer zone will be delineated by highly visible temporary construction fencing. No tree removal would commence within the no-work buffer zone until a qualified biologist determines bats are no longer roosting in the trees.
BIO-5: The following shall be used when tree removal and grubbing and clearing activities take place:
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
• The following shall be implemented for tree and shrub nesting species:
• Conduct all tree and shrub removal and grading activities during the non-breeding season (generally September 1
through January 31).
• If grading and tree removal activities are scheduled to occur during the breeding and nesting season (February 1 through August 31), pre-construction surveys shall be performed prior to the start of project construction activities, generally no less than 14 days and no more than 30 days prior to the start of activities.
• If construction, grading or other project-related activities are scheduled during the nesting season (February 1 to August 31), preconstruction surveys for other migratory bird species shall take place no less than 14 days.
• If the pre-construction surveys do not identify any nesting migratory bird species within areas potentially affected by construction activities, no further mitigation shall be required. • If the pre-construction surveys identify nesting bird species within areas that are within 500 feet of construction activities for non-raptors and within 0.5 mile for raptors, the following shall be implemented:
• Project-related construction impacts shall be avoided by establishment of appropriate no-work buffer zones to limit construction activities near the nest site. The no-work buffer zone shall be delineated by highly visible temporary Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
construction fencing and shall be a minimum of 500 feet from non-raptor nests and 0.5 mile from raptor nests,
unless a qualified biologist, in consultation with CDFW, determines that alternative buffers are permissible due to the nature and location of the specific species, its nest, and existing conditions to which the species has been
habituated. Alternative buffers shall be established for special status non-raptor nests in consultation with CDFW. • In consultation with CDFW, monitoring of nest activity by a qualified biologist shall be required if the construction activity has potential to adversely affect the nest or
nesting behavior of the bird.
• No construction activity shall commence within the nowork buffer zone until a CDFW-qualified biologist confirms that the nest is no longer active (e.g., young have fledged).
BIO-6: The following shall be incorporated for bridge-nesting birds if construction of the new bicycle and pedestrian bridge parallel to existing Vallecito Road bridge occurs during the nesting season (February 1 to August 31):
• Remove all existing unoccupied nests and partial nests on the existing Vallecito Road bridge during the non-nesting season (September 1 to January 31) of the construction year.
• Exclusionary netting shall be installed around the undersides of the existing Vallecito Road bridge before February 1 of the construction year to prevent new nests from being formed.
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
• During the construction year, prior to construction, a CDFWapproved qualified biologist shall monitor the Vallecito Road bridge during the active nesting season (February 1 to August 31) in order to determine the extent of nesting. If nesting is limited, a qualified biologist shall monitor construction activities adjacent to the existing bridge. Monitoring shall occur on a daily basis until all birds have fledged or it is determined that construction is not disturbing the nesting birds. If nesting is extensive, the following measure will be implemented.
• Exclusionary netting shall be installed around the undersides of the existing bridge before February 1 of the construction year to prevent new nests from being formed.
Have a substantial adverse effect
on any riparian habitat or other
sensitive natural community
identified in local or regional
plans, policies, regulations or by
the California Department of Fish
and Game or U.S. Fish and
Wildlife Service?
Potentially
Significant
BIO-7. The following will be implemented prior to and during construction within and adjacent to riparian habitat.
• Prior ground disturbing activities above the ordinary high water mark and within the riparian area, the City will obtain the required permits for construction activities. The City will obtain a Streambed Alteration Agreement (Section 1602 permit) from CDFW and a Waste Discharge Requirement (WDR) from the
RWQCB.
• Riparian habitat located in the vicinity of the project will be protected by installing high-visibility construction fencing. Fencing will be installed along the edge of construction areas, including temporary and permanent access roads, as determined by a qualified biologist. The location of fencing will be marked in the field with stakes and flags and shown on the construction Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
drawings. The construction specifications will contain clear language that prohibits construction-related activities, vehicle operation, material and equipment storage, trenching, grading, or other surface-disturbing activities outside of the designated construction area. Signs will be erected along the protective fencing at a maximum spacing of one sign per 50 feet of fencing.
The signs will state: “This area is environmentally sensitive; no construction or other operations may occur beyond this fencing.
Violators may be subject to prosecution, fines, and
imprisonment.” The signs will be clearly readable at a distance of 20 feet and will be maintained for the duration of construction activities in the area.
• Where riparian vegetation occurs along the edge of the construction easement, the City will minimize the potential for long-term loss of riparian vegetation by trimming vegetation rather than removing the entire plant. Trimming will be conducted per the direction of a qualified biologist and/or Certified Arborist. • Replacement habitat shall be in accordance with the project’s Streambed Alteration Agreement (Section 1602 permit) and WDR consistent with the agencies’ no net loss habitat standards unless alternative standards have been adopted by the agencies prior to commencing construction. Replacement habitat may be through replanting or purchasing credits from an approved bank, or any combination of the two.
• A riparian revegetation plan shall be prepared for review and approval by CDFW in conjunction with securing the project’s Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Streambed Alteration Agreement (Section 1602 permit), if mitigation credits are not secured from an approved bank. • A riparian revegetation plan will include, but is not limited to, plant salvage, seeds, and seedlings obtained from local native sources and irrigation. Vegetation shall have no less than 80 percent survival rate for a period of 5 years, unless otherwise approved by CDFW.
BIO-8. During final design, the project engineer will identify the size, location and types of non-riparian trees to be removed. Tree replacement shall be in accordance with Chapter 17.64 of the Angels Municipal Code.
Have a substantial adverse effect
on state or federally protected
wetlands (including, but not
limited to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means?
Potentially
Significant
BIO-9. During construction, water quality will be protected by implementation of best management practices (BMPs) of the California Stormwater Quality Association (2016). BMPs designed to address water quality (and related special-status species) impacts are described below and will be finalized in consultation with the Project Engineer, City, RWQCB, and other appropriate agencies.
• The contractor will develop and implement a toxic materials control and spill response plan to regulate the use of hazardous materials, such as the petroleum-based products used as fuel and lubricants for equipment and other potentially toxic materials associated with project construction.
• Standard construction BMPs will be described in full in the project’s SWPPP or Water Pollution Control Plan (WPCP). These BMPs will be implemented throughout the duration of
Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
construction. Appropriate erosion control measures will be used (including, but not limited to, straw wattles, filter fences, vegetative buffer strips, or other accepted equivalents) to reduce siltation and contaminated runoff from the project site. All erosion control materials, including straw wattles and erosion control blanket material, used on-site will be biodegradable. Use of erosion control containing plastic monofilament will not be allowed because wildlife may become entrapped in this material.
Wattles shall be wrapped with 100 percent biodegradable materials like burlap, jute, or coir.
• Measures will be implemented during ground-disturbing activities to reduce erosion and sedimentation. These measures can include, but are not limited to, mulches, soil binders/ erosion control blankets, silt fencing, fiber rolls, and temporary berms. • Existing vegetation will be protected, using temporary fencing or other equivalent protection devices to reduce erosion and sedimentation.
• Exposed soils will be covered by loose bulk materials or other materials, such as visqueen, to reduce erosion and runoff during rainfall events.
• Exposed soils will be stabilized, through watering or other measures, to prevent the movement of dust at the project site caused by winds and construction activities such as traffic and grading activities.
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
• All erosion control measures, and storm water control measures will be properly maintained until the site has returned to a preconstruction state. • Protective fencing will be constructed around environmentally sensitive areas, habitats of special concern, and natural communities to prevent temporary or permanent impacts to these areas.
• All disturbed areas will be restored to pre-construction conditions or better and revegetated, either through hydroseeding or other means, with native or approved non-invasive exotic species. • All construction materials will be hauled off-site after completion of construction activities.
Interfere substantially with the
movement of any native resident
or migratory fish or wildlife
species or with established native
resident or migratory wildlife
corridors, or impede the use of
native wildlife nursery sites?
Less than
Significant None Required. Less than Significant
Conflict with any local policies or
ordinances protecting biological
Potentially
Significant Implement Mitigation Measures BIO-7 and BIO-8. Less than Significant Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
resources, such as a tree
preservation policy or ordinance?
Conflict with the provisions of an
adopted Habitat Conservation
plan, Natural Community
Conservation Plan, or other
approved local, regional, or state
habitat conservation plan?
No Impact None required. No Impact
Cultural Resources
Cause a substantial adverse
change in the significance of a
historical resource pursuant to
§15064.5?
Potentially
Significant
CUL-1: Prior to construction, the City will incorporate specific construction methods recommended by Caltrans in its Transportation and Construction Vibration Guidance Manual into the project construction contract to protect historic buildings surrounding the intersection of Main Street (SR 49), Vallecito Road, and Finnegan Lane, including Angels Camp Trading Post [APN# 62-004-054], Lake’s Hotel [APN# 62-004-030, Carley’s Garage [APN# 60-012-013], Carley’s Storage Garage [APN# 62-009-024, and Bazinett Hotel [APN# 60-012-011]. The selected construction methods will demonstrate that the construction will not exceed the Caltransidentified risk of structural damage to historical buildings of 0.1 inch per second peak particle velocity (PPV), or other protective threshold as identified in the analysis. The project Plans, Specification and Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Estimates (PS&E) will include all required conditions and vibrational restrictions to avoid an adverse vibratory effect to historic buildings.
CUL-2: The requirements of vibration monitors and the selected construction methods identified in the PS&E package will be discussed with the Contractor and construction personnel during the preconstruction meeting by the Consulting Cultural Resource Specialist, and Resident Engineer or Project Manager (See also Biology, environmental awareness training described in BIO-2).
CUL-3: Prior to beginning any construction activity within the Angels Camp Historic District, the vibration monitors will be installed. The installation of the vibration monitors shall take place under the direction of the Resident Engineer, Project Manager, Consulting Cultural Resource Specialist, Contractor, and the City. The Contractor shall notify the Resident Engineer, the City, and the Consulting Cultural Resource Specialist ten (10) working days in advance of vibration monitor installation to allow the Consulting Cultural Resource Specialist to monitor the vibration monitor installation. The vibration monitors shall be installed as a first order of work as described in the PS&E package.
CUL-4: When no longer required for the work, as determined by the Resident Engineer in consultation with the Project Manager, the City, and the Consulting Cultural Resources Specialist, the vibration monitors shall be removed by the Contractor. The Resident Engineer will inform the Project Manager and Consulting Cultural Resource Specialist when construction is completed.
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Cause a substantial adverse
change in the significance of an
archaeological resource pursuant
to §15064.5?
Potentially
Significant
CUL-5: If subsurface deposits believed to be cultural or human in origin are discovered during construction, all work will halt within a 100-foot radius of the discovery. Depending on the nature of the find, a qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric or historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, as necessary:
• If the qualified professional archaeologist determines that the find does not represent a cultural resource, work can resume immediately, and no agency notifications are required.
• If the qualified professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, he or she shall immediately notify the City. If the find is determined to be eligible for inclusion in the NRHP or CRHR, the City shall consult on a finding of eligibility and implement appropriate treatment measures. Work may not
resume within the no-work radius until the City, through consultation as appropriate, determines that the site either: 1) is not eligible for the NRHP or CRHR; or 2) that the treatment measures have been completed to its satisfaction.
• If the find includes human remains, or remains that are potentially human, the qualified professional archaeologist shall ensure reasonable protection measures are taken to protect the discovery from disturbance (AB 2641). The qualified professional archaeologist shall notify the Calaveras County Coroner (in Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
accordance with § 7050.5 of the Health and Safety Code). The provisions of § 7050.5 of the California Health and Safety Code, § 5097.98 of the California PRC, and AB 2641 will be
implemented.
• If the Calaveras County Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the Native American Heritage Commission (NAHC), which then will designate a Native American Most Likely Descendant (MLD) for the project (§ 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning
treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (§ 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording the site with the NAHC or the CCIC; working with the City and County to provide an open space or conservation zoning
designation or easement; or recording a reinternment document with the City, or County, in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction.
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Disturb any human remains,
including those interred outside of
formal cemeteries?
Potentially
Significant Implement Mitigation Measure CUL-5. Less than Significant Energy
Result in potentially significant
environmental impact due to
wasteful, inefficient, or
unnecessary consumption of
energy resources, during project
construction or operation?
Less than
Significant None Required. Less than Significant
Conflict with or obstruct a state or
local plan for renewable energy
or energy efficiency?
No Impact None Required. No Impact
Geology and Soils
Directly or indirectly cause
potential substantial adverse
effect, including the risk of loss,
injury, or death involving:
Less than
Significant None Required. Less than Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
i. Rupture of a known
earthquake fault, as delineated
on the most recent AlquistPriolo Earthquake Fault
Zoning Map issued by the
State Geologist for the area or
based on other substantial
evidence of a known fault?
ii. Strong seismic ground
shaking?
Less than
Significant None Required. Less than Significant
iii. Seismic-related ground failure,
including liquefaction?
Less than
Significant None Required. Less than Significant
iv. Landslides? Less than
Significant None Required. Less than Significant
Result in substantial soil erosion
or the loss of topsoil?
Potentially
Significant Implement Mitigation Measures BIO-5, BIO-7, and BIO-8. Less than Significant Be located on a geologic unit or
soil that is unstable, or that would
become unstable as a result of
the project, and potentially result
Less than
Significant None Required. Less than Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
in on- or off-site landslide, lateral
spreading, subsidence,
liquefaction, or collapse?
Be located on expansive soil, as
defined in Table 18-1-Bof the
Uniform Building Code (1994),
creating substantial direct or
indirect risks to life or property?
Less than
Significant None Required. Less than Significant
Have soils incapable of
adequately supporting the use of
septic tanks or alternative
wastewater disposal systems
where sewers are not available
for the disposal of wastewater?
No Impact None Required. No Impact
Directly or indirectly destroy a
unique paleontological resource
or site or unique geologic
feature?
Potentially
Significant
GEO-1: If paleontological resources are discovered during earthmoving activities, the construction crew shall immediately cease work in the vicinity of the find and shall notify the City planning department.
The project contractor or City shall retain a qualified paleontologist to evaluate the resource and prepare a proposed mitigation plan in accordance with the most recent Society of Vertebrate Paleontology guidelines. The mitigation plan will include, but is not limited to, a field survey, construction monitoring, sampling and data recovery procedures, museum storage coordination for any specimen Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
recovered, and a report of findings, depending on the resources identified during construction. Recommendations determined by the qualified paleontologist and the City, based on the resources identified, will be implemented before construction activities can resume at the site where the paleontological resources were discovered.
Greenhouse Gas Emissions
Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
significant impact on the
environment?
Less than
Significant None Required. Less than Significant
Conflict with an applicable plan,
policy or regulation adopted for
the purpose of reducing the
emissions of greenhouse gases?
Less than
Significant None Required. Less than Significant
Hazards and Hazardous Materials
Create a significant hazard to the
public or the environment through
Less than
Significant None Required. Less than Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
the routine transport, use, or
disposal of hazardous materials?
Create a significant hazard to the
public or the environment through
reasonably foreseeable upset
and accident conditions involving
the release of hazardous
materials into the environment?
Potentially
Significant
HAZ-1: Asbestos and Lead Containing Materials. A California-licensed abatement contractor will conduct a survey for lead containing materials prior to construction activities (including and demolition of concrete or asphalt elements). The contractor will submit a National Emission Standard for Hazardous Air Pollutants (NESHAP) notification. Per Section 14-9.02 of the asbestos NESHAP regulation, all “demolition activity” requires written notification even if there is no asbestos present. This notification should be typewritten and postmarked or delivered no later than ten days prior to the beginning of the asbestos demolition or removal activity. If lead containing materials are found, the following will be required:
• Building materials associated with paint on structures, and paint on utilities should be abated by a California-licensed abatement contractor and disposed of as a hazardous waste in compliance with SSP 14-11.13 and other federal and state regulations for hazardous waste.
• A Lead Compliance Plan should be prepared by the contractor for the disposal of lead-based paint. The grindings (which consist of the roadway material and the yellow and white color traffic stripes) shall be removed and disposed of in accordance with Standard Special Provision 36-4 (Residue Containing High Lead Concentration Paints). In addition, the Lead Compliance Plan will also contain the following provision to address aerially-deposited lead: SSP 7-1.02K (6)(j)(iii) – Earth Material Containing Lead.
Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
• A California-licensed lead contractor should be required to perform all work that will disturb any lead-based paint as a result of planned or unplanned renovations in the Project area, including the presence of yellow traffic striping and pavement markings that may contain lead-based paint. All such material must be removed and disposed of as a hazardous material in compliance with SSP 14-11.12.
HAZ-2: Aerially Deposited Lead and Other Heavy Metals. The following actions are recommended for handling and disposal of soils that contain an elevated level of ADL or other heavy metals prior to ground disturbing activities:
• A California-licensed abatement contractor will sample and test a representative sample of soils at the project site for hazardous levels of aerially deposited lead and other heavy metals.
Representative samples of exposed shallow soils shall be collected at multiple locations along the project site and analyzed for total lead and extractable lead concentrations.
• If hazardous levels of aerially deposited lead or other heavy metals are found in the soils at the project site, the following will be required:
• Removal, disposal, storage and transportation of materials contaminated with hazardous levels of aerially-deposited lead or other heavy metals shall be performed in compliance with all applicable federal, state, and local laws, including but not limited to requirements of State Water Resources Control Board and California Regional Water Quality Control Board Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
water quality control plans and waste discharge permits, CDFW permit requirements for contaminated soil, and all requirements of the applicable Air Quality Management
District and/or the Air Pollution Control District.
• Removal, disposal, storage, and transportation of materials contaminated with hazardous levels of aerially-deposited lead or other heavy metals shall be performed in compliance with the Soil Management Agreement for Aerially-deposited LeadContaminated Soils between Caltrans and the Department of Toxic Substance Control, if the project site is within the state right-of-way or Caltrans is acting as direct oversight for the project.
HAZ-3: Treated Wood. The timber associated with utility poles with mounted transformers or containing metals and polyaromatic hydrocarbons (PAH) will be removed and disposed at a Regional Water Quality Control Board certified TWW landfill.
Emit hazardous emissions or
handle hazardous or acutely
hazardous materials, substances,
or waste within one-quarter mile
of an existing or proposed
school?
No Impact None Required. No Impact
Be located on a site which is
included on a list of hazardous
No Impact None Required. No Impact
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
materials sites compiled pursuant
to Government Code Section
65962.5 and, as a result, would it
create a significant hazard to the
public or the environment?
For a project located within an
airport land use plan or, where
such a plan has not been
adopted, within two miles of a
public airport or public use
airport, would the project result in
a safety hazard or excessive
noise for people residing or
working in the project area?
No Impact None Required. No Impact
Impair implementation of or
physically interfere with an
adopted emergency response
plan or emergency evacuation
plan?
Potentially
Significant Implement Mitigation Measure PUB-1. Less than Significant Expose people or structures,
either directly or indirectly, to a
Potentially
Significant Implement Mitigation Measure PUB-1 and Mitigation Measure FIRE-1. Less than Significant Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
significant risk of loss, injury or
death involving wildland fires?
Hydrology and Water Quality
Violate any water quality
standards or waste discharge
requirements or otherwise
substantially degrade surface or
ground water quality?
Less than
Significant None Required. Less than Significant
Substantially decrease ground
water supplies or interfere
substantially with groundwater
recharge such that the project
may impede sustainable
groundwater management of the
basin?
Less than
Significant None Required. Less than Significant
Substantially alter the existing
drainage pattern of a site or area
through the alteration of the
course of a stream or river or
through the addition of
Potentially
Significant Implementation Mitigation Measure BIO-9. Less than Significant Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
impervious surfaces, in a manner
that would:
i. Result in substantial erosion
or siltation on- or off-site?
ii. Substantially increase the
rate or amount of surface
runoff in a manner which
would result in flooding on- or
off-site?
Potentially
Significant Implementation Mitigation Measure BIO-9. Less than Significant
iii. Create or contribute
runoff water which would
exceed the capacity of
existing or planned
stormwater drainage
systems or provide
substantial additional
sources of polluted runoff?
Potentially
Significant Implementation Mitigation Measure BIO-9. Less than Significant iv. Impede or redirect flood
flows?
Potentially
Significant Implementation Mitigation Measure BIO-9. Less than Significant Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
In flood hazard, tsunami, or
seiche zones, risk release of
pollutants due to project
inundation?
Less than
Significant None Required. Less than Significant
Conflict with or obstruct
implementation of a water quality
control plan or sustainable
groundwater management plan?
Less than
Significant None Required. Less than Significant
Land Use and Planning
Physically divide an established
community? No Impact None Required. No Impact
Cause a significant
environmental impact due to a
conflict with any land use plan,
policy, or regulation adopted for
the purpose of avoiding or
mitigating an environmental
effect?
No Impact None Required. No Impact
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Mineral Resources
Result in the loss of availability of
a known mineral resource that
would be of value to the region
and the residents of the state?
No Impact None Required. No Impact
Result in the loss of availability of
a locally important mineral
resource recovery site delineated
on a local general plan, specific
plan or other land use plan?
No Impact None Required. No Impact
Noise
Generate a substantial temporary
or permanent increase in ambient
noise levels in the vicinity of the
project in excess of standards
established in the local general
plan or noise ordinance, or
applicable standards of other
agencies?
Potentially
Significant
NO-1: The following control measures shall be implemented during construction:
• Use newer equipment with improved muffling and ensure that all equipment items have the manufacturers’ recommended noise abatement measures, such as mufflers, engine enclosures, and engine vibration isolators intact and operational. Newer equipment will generally be quieter in operation than older equipment. All construction equipment should be inspected at Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
periodic intervals to ensure proper maintenance and presence of noise control devices (e.g., mufflers and shrouding, etc.). • Utilize construction methods or equipment that provides the lowest level of noise and ground vibration impact.
• Turn off idling equipment.
Generate excessive groundborne
vibration or groundborne noise
levels?
Potentially
Significant Implement Mitigation Measure CUL-1. Less than Signficant For a project located within the
vicinity of a private airstrip or an
airport land use plan, or, where
such a plan has not been
adopted, in an area within two
miles of a public airport or public
use airport, would the project
expose people residing or
working in the area to excessive
noise levels?
No Impact None Required. No Impact
Population and Housing
Induce substantial unplanned
population growth in an area,
No Impact None Required. No Impact
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
either directly (for example, by
proposing new homes and
businesses) or indirectly (for
example, through extension of
roads or other infrastructure)?
Displace substantial numbers of
existing people or housing units,
necessitating the construction of
replacement housing elsewhere?
No Impact None Required. No Impact
Public Services
Result in substantial adverse
physical impacts associated with
the provision of, or the need for,
new or physically altered
governmental facilities, the
construction of which could cause
significant environmental
impacts, in order to maintain
acceptable service ratios,
response times, or other
performance objectives for any of
the following public services:
Potentially
Significant
PUB-1: Prior to the start of construction, the contractor shall coordinate with the ACFD, ACPD, Altaville Melones Fire District, Calfire, local public and private ambulance and paramedic providers in the area, and local school districts to prepare a Construction Period Emergency and School Access Plan. The Construction Period Emergency and School Access Plan shall identify phases of the project and construction scheduling and shall identify appropriate alternative emergency access routes. The Construction Period Emergency and School Access Plan shall be approved by the City prior to the start of construction.
Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
i. Fire protection?
ii. Police protection? Potentially
Significant Implement Mitigation Measure PUB-1. Less than Significant iii. Schools? Potentially
Significant Implement Mitigation Measure PUB-1. Less than Significant iv. Parks? Potentially
Significant Implement Mitigation Measure PUB-1. Less than Significant v.Other public facilities? Potentially
Significant Implement Mitigation Measure PUB-1. Less than Significant Recreation
Increase the use of existing
neighborhood and regional parks
or other recreational facilities
such that substantial physical
deterioration of the facilities
would occur or be accelerated?
Less than
Significant None Required. Less than Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Include recreational facilities or
require the construction or
expansion of recreational
facilities that might have an
adverse physical effect on the
environment?
Less than
Significant None Required. Less than Significant
Transportation
Conflict with a program plan,
ordinance or policy addressing
the circulation system, including
transit, roadway, bicycle and
pedestrian facilities?
No Impact None Required. No Impact
Conflict or be inconsistent with
CEQA Guidelines Section
15064.3, subdivision (b)?
Less than
Significant None Required. Less than Significant
Substantially increase hazards
due to a geometric design feature
(e.g., sharp curves or dangerous
intersections) or incompatible
uses (e.g., farm equipment)?
Less than
Significant None Required. Less than Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Result in inadequate emergency
access?
Potentially
Significant Implement Mitigation Measure PUB-1. Less than Significant Tribal Cultural Resources
Would the project cause a
substantial adverse change in the
significance of a tribal cultural
resource, defined in Public
Resource Code section 21074 as
either a site, feature, place,
cultural landscape that is
geographically defined in terms of
the size and scope of the
landscape, sacred place, or
object with cultural value to a
California Native American tribe,
and that is:
a) Listed or eligible for
listing in the California
Register of Historical
Resources, or in a local
register of historical
resources as defined in
Potentially
Significant Implement Mitigation Measures CUL-1 through CUL-5. Less than Significant Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Public Resources Code
section 5020.1(k)?
b) A resource determined
by the lead agency, in its
discretion and supported
by substantial evidence,
to be significant pursuant
to criteria set forth in
subdivision C, of Public
Resources Code Section
5024.1, the lead agency
shall consider the
significance of the
resources to a California
Native American tribe.
Potentially
Significant
Implement Mitigation Measure CUL-1.
TCR-1: The Contractor will retain the services of a City approved Native American tribal representative to conduct project monitoring by accomplishing the following tasks:
• The City approved Native American tribal representative will advise the contractor during a preconstruction meeting and training of potentially significant cultural resources and require protection and avoidance;
• A Native American monitor will observe all natural-ground disturbing construction activities; and
• There will be a Native American tribal representative during all project excavation of natural ground.
TCR-2: If any suspected TCRs are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find, or an agreed upon distance based on the project area and nature of the find. A Tribal Representative from a California Native American tribe that is traditionally and culturally affiliated with a geographic area shall be immediately notified and shall determine if the find is a TCR (PRC §21074). The Tribal Representative will make recommendations for further evaluation and treatment as necessary. • When avoidance is infeasible, preservation in place is the preferred option for mitigation of TCRs, and every effort shall be Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
made to preserve the resources in place, including through project redesign. Culturally appropriate treatment may be, but is not limited to, processing materials for reburial, minimizing handling of cultural objects, leaving objects in place within the landscape, or returning objects to a location within the project area where they will not be subject to future impacts. Permanent curation of TCRs will not take place unless approved in writing by the California Native American Tribe that is traditionally and culturally affiliated with the project area.
• The contractor shall implement any measures deemed by the City to be necessary and feasible to preserve in place, avoid, or minimize impacts to the resource, including, but not limited to, facilitating the appropriate tribal treatment of the find, as necessary. Treatment that preserves or restores the cultural character and integrity of a TCR may include Tribal Monitoring, culturally appropriate recovery of cultural objects, and reburial of cultural objects or cultural soil.
Utilities and Service Systems
Require or result in the relocation
or construction of new or
expanded water, wastewater
treatment or storm water
drainage, electric power, natural
gas, or telecommunications
facilities, the construction or
Less than
Significant None Required. Less than Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
relocation of which could cause
significant environmental effects?
Have sufficient water supplies
available to serve the project and
reasonably foreseeable future
development during normal, dry
and multiple dry years?
No Impact None Required. No Impact
Result in a determination by the
wastewater treatment provider
that would serve the project that it
has adequate capacity to serve
the project’s projected demand in
addition to the provider’s existing
commitments?
No Impact None Required. No Impact
Generate solid waste in excess of
State or local standards, or in
excess of the capacity of local
infrastructure, or otherwise impair
the attainment of solid waste
reduction goals?
Less than
Significant None Required. Less than Significant
Comply with federal, state, and
local management and reduction
No Impact None Required. No Impact
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
statutes and regulations related
to solid waste?
Wildfire
Substantially impair an adopted
emergency response plan or
emergency evacuation plan?
Potentially
Significant Implement Mitigation Measure PUB-1. Less than Significant
Due to slope, prevailing winds,
and other factors, exacerbate
wildfire risks, and thereby expose
project occupants to, pollutant
concentrations from a wildfire or
the uncontrolled spread of
wildfire?
Potentially
Significant
FIRE-1: Prior to the start of construction, the contractor shall coordinate with the ACFD, Altaville Melones Fire District, and, if necessary, Calfire, to prepare a Fire Safety Plan for use during construction. The Fire Safety Plan shall contain notification procedures and emergency fire precautions including, but not limited to, the following:
• Dry grass shall be cut low or removed from construction equipment staging areas.
• All internal combustion engines, stationary and mobile, shall be equipped with spark arresters. Spark arresters shall be in good working order.
• Light trucks and cars with factory-installed (type) mufflers shall be used only on roads where the roadway is cleared of vegetation.
Said vehicle types shall maintain their factory-installed (type) muffler in good condition.
Less than
Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
• Equipment parking areas (staging areas) shall be cleared of all extraneous flammable materials.
• Personnel shall be trained in the practices of the Fire Safety Plan relevant to their duties. Construction personnel shall be trained and equipped to extinguish small fires in order to prevent them from growing into more serious threats.
• Smoking shall be prohibited in wildland areas and shall be limited to paved areas or areas cleared of all vegetation.
Require the installation or
maintenance of associated
infrastructure (such as roads, fuel
breaks, emergency water
sources, power lines or other
utilities) that may exacerbate fire
risk or that may result in
temporary or ongoing impacts to
the environment?
Potentially
Significant Implement Mitigation Measures FIRE-1. Less than Significant Expose people or structures to
significant risks, including
downslope or downstream
flooding or landslides, as a result
of run-off, post0fire slope
instability, or drainage changes?
Less than
Significant None Required. Less than Significant
Potential Impact
Level or
Significance
Before Mitigation
Mitigation Measures
Level of
Significance
After Mitigation
Mandatory Findings of Significance
Have the potential to substantially
degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below selfsustaining levels, threaten to eliminate a plant or animal
community, substantially reduce
the number or restrict the range
of a rare or endangered plant or
animal, or eliminate important
examples of the major periods of
California history or prehistory?
Potentially
Significant
Implement Mitigation Measures BIO-1 through BIO-9, CUL-1 through CUL-5, GEO-1, HAZ-1 through HAZ-3, PUB-1, TRC-1 through TRC-2, and FIRE-1.
Less than
Significant
Have impacts that are individually
limited, but cumulatively
considerable?
Potentially
Significant
Implement Mitigation Measures BIO-1 through BIO-9, CUL-1 through CUL-5, GEO-1, HAZ-1 through HAZ-3, PUB-1, TRC-1 through TRC-2, and FIRE-1.
Less than
Significant
Have environmental effects that
would cause substantial adverse
effects on human beings, either
directly or indirectly?
Potentially
Significant
Implement Mitigation Measures BIO-1 through BIO-9, CUL-1 through CUL-5, GEO-1, HAZ-1 through HAZ-3, PUB-1, TRC-1 through TRC-2, and FIRE-1.
Less than
Significant
Appendix E. List of Available Technical Studies
1 The following technical studies were used in the preparation of this document are available upon request. For copies of these documents, please contact:
Amy Augustine
Contract Planner
(209) 739-1346
[email protected]
Please note that any studies documenting known and potential cultural resources in the proposed project area will not be made available to the public to protect Native American tribal rights and interests.
• Community Impact Assessment (2021)
• Initial Site Assessment (2021)
• Natural Environment Study (2021)
• Historic Property Survey Report (2023) which includes:
o Archaeological Survey Report (2023)
o Historic Resources Evaluation Report (2023)
• Visual Impact Assessment (2021)
Angels Creek Trail Project Mitigation and Monitoring Plan Mitigation
Measure
Environmental Protection Measures Timing Implementing Party Monitoring Party Frequency and Duration Performance Criteria
BIO-1 A qualified biologist shall conduct a preconstruction survey for special-status plant species within 30 days prior to construction, during the appropriate blooming period. If Red Hills soaproot or any other special-status plant species are not found, then no further measures are necessary. If Red Hills soaproot or other special-status plant species are observed during the preconstruction surveys, CDFW shall be notified at least 10 days prior to construction activities, in accordance with the California Native Plant Protection Act of 1977 (CFGC Section 1900-1913) to allow sufficient time to transplant the individuals to a suitable location.
Prior to/During
construction
Qualified
Biologist/Construction
Contractor
The City of Angels/CDFW Preconstruction survey:
24 hours prior to
construction
BIO-2 The following shall be implemented for FYLF:
• A qualified biologist will conduct a preconstruction survey within 24 hours prior to the start of construction activities within the riparian and aquatic habitat in the BSA.
A qualified biologist will monitor any vegetation removal in or adjacent to Angels Creek.
• The upstream and downstream limits of the project will be flagged and/or signed to prevent the encroachment of construction personnel and equipment into any sensitive areas during project construction work.
• Prior to construction, environmental awareness training will be conducted for construction personnel to brief them on how to recognize FYLF. Construction personnel shall be informed that if a FYLF is encountered in the work area, construction will stop and CDFW will be contacted for guidance. A training log sign-in sheet will be maintained.
If frogs are found at any time during project work, construction will stop and CDFW will be contacted immediately for further guidance.
• The project proponent shall submit the name and credentials of the project's biologist(s) to CDFW for review and approval no less than 15 days prior to the onset of construction activities.
• Staging areas as well as fueling and maintenance activities shall be a minimum of 100 feet from riparian or aquatic habitats. Staging areas less than 100 feet from Angels Creek will only be allowed with CDFW and RWQCB authorization. The project proponent will prepare a spill prevention and clean-up plan. • The project proponent and contractor will prepare an erosion control plan. The erosion control plan shall be prepared and submitted to the City for review and approval by the City Engineer prior to commencing construction. The City will inspect the control measures to verify they are complete.
• If a work site is to be temporarily dewatered by pumping, intakes shall be completely screened with wire mesh not larger than five millimeters. • Upon completion of construction activities, any barriers to flow shall be removed in a manner that would allow flow to resume with the least disturbance to the substrate.
Prior
to/During/Post
construction
Qualified
Biologist/Construction
Contractor
The City of Angels/CDFW Preconstruction survey:
24 hours prior to
construction
Education/Monitoring:
on-going during
construction
BIO-3 The following shall be implemented for western pond turtle:
• No more than two weeks (14 days) prior to the commencement of ground-disturbing activities, the City, or project proponent, shall retain a qualified biologist to perform surveys for western pond turtle within suitable aquatic and upland habitat within the BSA. Surveys will include western pond turtle nests as well as individuals. The biologist (with the appropriate agency permits) will temporarily move any identified western pond turtles upstream of the construction area, and temporary barriers will Prior to/During
construction
Qualified
Biologist/Construction
Contractor
The City of Angels/CDFW Preconstruction survey:
two weeks prior
Education/Monitoring:
on-going during
construction
be placed around the construction area to prevent ingress. Construction will not proceed until the work area is determined to be free of turtles. The results of these surveys will be documented in a technical memorandum that will be submitted to CDFW (if turtles are identified and relocated).
• Environmental awareness training, as described in BIO-2, will be conducted for construction personnel to brief them on how to recognize western pond turtle. • Standard construction BMPs, as described under BIO-2, shall be implemented throughout construction to avoid and minimize adverse effects to the water quality within the BSA.
BIO-4 The following shall be implemented for special-status bat species:
• A bat survey shall be conducted by a CDFW-approved qualified biologist in suitable habitat prior to May 1st, or no less than 14 days prior to the start of construction. If no roosting bats, maternity roosts, or nurseries are found, no further mitigation will be necessary.
• If bats are detected within roosts at the time of the survey, exclusionary measures will be implemented by a CDFW-approved qualified biologist to exclude bats from roosts if the roost location is determined to potentially be impacted by construction activities and the roost is not a maternity-related roost or nursery. The timing and other methods of exclusionary measures will be developed by the qualified biologist in order to reduce stress on the bats while taking into account project schedule.
Exclusionary devices, such as plastic sheeting, and plastic or wire mesh, can be used to allow for bats to exit but not re-enter any occupied roosts. Expanding foam and plywood sheets can be used to prevent bats from entering unoccupied roosts. • Day-time construction activities (between approximately 8:00 AM and 5:00PM) will not affect bats foraging at night. Though bats could roost in the trees in the PIA, there is no feasible method of preventing bats from roosting in them; therefore, a preconstruction survey shall be conducted an hour prior to sunrise the day of scheduled tree removal activities. If bats are identified roosting in a tree that will be removed, or are roosting immediately adjacent to trees being removed, work will not begin until an appropriate no-work buffer zone has been established. The size of the no-work buffer zone will be determined in consultation with the CDFW. The no-work buffer zone will be delineated by highly visible temporary construction fencing. No tree removal would commence within the no-work buffer zone until a qualified biologist determines bats are no longer roosting in the trees.
Prior to/During
construction
Qualified
Biologist/Construction
Contractor
The City of Angels/CDFW Preconstruction bat
survey: prior to May 1st
Exclusionary Measures:
prior to May 1st
BIO-5 The following shall be used when tree removal and grubbing and clearing activities take place:
• The following shall be implemented for tree and shrub nesting species:
o Conduct all tree and shrub removal and grading activities during the nonbreeding season (generally September 1 through January 31). o If grading and tree removal activities are scheduled to occur during the breeding and nesting season (February 1 through August 31), preconstruction surveys shall be performed prior to the start of project construction activities, generally no less than 14 days and no more than 30 days prior to the start of activities.
• If construction, grading or other project-related activities are scheduled during the nesting season (February 1 to August 31), preconstruction surveys for other migratory bird species shall take place no less than 14 days.
Prior to/During
construction
Qualified
Biologist/Construction
Contractor
The City of Angels Tree removal:
September 1 through
January 31
Preconstruction surveys
for removal during
nesting season (February
1 through August 31): 14
days and no more than
30 days prior
o If the pre-construction surveys do not identify any nesting migratory bird species within areas potentially affected by construction activities, no further mitigation shall be required.
o If the preconstruction surveys identify nesting bird species within areas that are within 500 feet of construction activities for non-raptors and within 0.5 mile for raptors, the following shall be implemented:
Project-related construction impacts shall be avoided by establishment of appropriate no-work buffer zones to limit construction activities near the nest site. The no-work buffer zone shall be delineated by highly visible temporary construction fencing and shall be a minimum of 500 feet from non-raptor nests and 0.5 mile from raptor nests, unless a qualified biologist, in consultation with CDFW, determines that alternative buffers are permissible due to the nature and location of the specific species, its nest, and existing conditions to which the species has been habituated.
Alternative buffers shall be established for special status non-raptor nests in consultation with CDFW.
In consultation with CDFW, monitoring of nest activity by a qualified biologist shall be required if the construction activity has potential to adversely affect the nest or nesting behavior of the bird. No construction activity shall commence within the no-work buffer zone until a CDFW-approved qualified biologist confirms that the nest is no longer active (e.g., young have fledged).
BIO-6 The following shall be incorporated for bridge-nesting birds if construction of the new bicycle and pedestrian bridge parallel to existing Vallecito Road bridge occurs during the nesting season (February 1 to August 31):
• Remove all existing unoccupied nests and partial nests on the existing Vallecito Road bridge during the non-nesting season (September 1 to January 31) of the construction year.
• Exclusionary netting shall be installed around the undersides of the existing Vallecito Road bridge before February 1 of the construction year to prevent new nests from being formed.
• During the construction year, prior to construction, a CDFW-approved qualified biologist shall monitor the Vallecito Road bridge during the active nesting season (February 1 to August 31) in order to determine the extent of nesting. If nesting is limited, a qualified biologist shall monitor construction activities adjacent to the existing bridge. Monitoring shall occur on a daily basis until all birds have fledged or it is determined that construction is not disturbing the nesting birds. If nesting is extensive, the following measure will be implemented.
o Exclusionary nesting shall be installed around the undersides of the existing bridge before February 1 of the construction year to prevent new nests from being formed.
Prior to/During
construction
Qualified
Biologist/Construction
Contractor
The City of Angels Unoccupied nests and
partial nests removal
during the non-nesting
season (September 1 to
January 31)
Exclusionary Measures:
prior to February 1st
Preconstruction nesting
survey (February 1 to
August 31)
BIO-7 The following will be implemented prior to and during construction within and adjacent to riparian habitat.
• Prior ground disturbing activities above the ordinary high water mark and within the riparian area, the City will obtain the required permits for construction activities. The Prior
to/During/Post
construction
The City of Angels/Qualified
Biologist/Certified Arborist
The City of
Placerville/CDFW/RWQCB
Obtain Section 1602
permit from CDFW and a
WDR from the RQCB
prior to construction
City will obtain a Streambed Alteration Agreement (Section 1602 permit) from CDFW and a Waste Discharge Requirement (WDR) from the RWQCB. • Riparian habitat located in the vicinity of the project will be protected by installing high-visibility construction fencing. Fencing will be installed along the edge of construction areas, including temporary and permanent access roads, as determined by a qualified biologist. The location of fencing will be marked in the field with stakes and flags and shown on the construction drawings. The construction specifications will contain clear language that prohibits construction-related activities, vehicle operation, material and equipment storage, trenching, grading, or other surfacedisturbing activities outside of the designated construction area. Signs will be erected along the protective fencing at a maximum spacing of one sign per 50 feet of fencing.
The signs will state: “This area is environmentally sensitive; no construction or other operations may occur beyond this fencing. Violators may be subject to prosecution, fines, and imprisonment.” The signs will be clearly readable at a distance of 20 feet and will be maintained for the duration of construction activities in the area. • Where riparian vegetation occurs along the edge of the construction easement, the City will minimize the potential for long-term loss of riparian vegetation by trimming vegetation rather than removing the entire plant. Trimming will be conducted per the direction of a qualified biologist and/or Certified Arborist. • Replacement habitat shall be in accordance with the project’s Streambed Alteration Agreement (Section 1602 permit) and WDR consistent with the agencies’ no net loss habitat standards unless alternative standards have been adopted by the agencies prior to commencing construction. Replacement habitat may be through replanting or purchasing credits from an approved bank, or any combination of the two. • A riparian revegetation plan shall be prepared for review and approval by CDFW in conjunction with securing the project’s Streambed Alteration Agreement (Section 1602 permit), if mitigation credits are not secured from an approved bank. • A riparian revegetation plan will include, but is not limited to, plant salvage, seeds, and seedlings obtained from local native sources and irrigation. Vegetation shall have no less than 80 percent survival rate for a period of 5 years, unless otherwise approved by CDFW.
Installation of highvisibility construction
fencing around riparian
habitat prior to
construction
Vegetation trimming
prior to construction
Replacement habitat
before, during, or after
construction completion
BIO-8 During final design, the project engineer will identify the size, location and types of nonriparian trees to be removed. Tree replacement shall be in accordance with Chapter 17.64 of the Angels Municipal Code.
Prior to
construction
Project Engineer The City of Angels Identify non-riparian trees to be removed
before construction
BIO-9 During construction, water quality will be protected by implementation of best management practices (BMPs) of the California Stormwater Quality Association (2016). BMPs designed to address water quality (and related special-status species) impacts are described below and will be finalized in consultation with the Project Engineer, City, RWQCB, and other appropriate agencies.
• The contractor will develop and implement a toxic materials control and spill response plan to regulate the use of hazardous materials, such as the petroleumbased products used as fuel and lubricants for equipment and other potentially toxic materials associated with project construction.
• Standard construction BMPs will be described in full in the project’s SWPPP or Water Pollution Control Plan (WPCP). These BMPs will be implemented throughout the duration of construction. Appropriate erosion control measures will be used (including, but not limited to, straw wattles, filter fences, vegetative buffer strips, or During/Post
construction
Construction Contractor The City of Angels Implementation of BMPs during construction.
other accepted equivalents) to reduce siltation and contaminated runoff from the project site. All erosion control materials, including straw wattles and erosion control blanket material, used on-site will be biodegradable. Use of erosion control containing plastic monofilament will not be allowed because wildlife may become entrapped in this material. Wattles shall be wrapped with 100 percent biodegradable materials like burlap, jute, or coir.
• Measures will be implemented during ground-disturbing activities to reduce erosion and sedimentation. These measures can include, but are not limited to, mulches, soil binders/ erosion control blankets, silt fencing, fiber rolls, and temporary berms. • Existing vegetation will be protected, using temporary fencing or other equivalent protection devices to reduce erosion and sedimentation. • Exposed soils will be covered by loose bulk materials or other materials, such as visqueen, to reduce erosion and runoff during rainfall events. • Exposed soils will be stabilized, through watering or other measures, to prevent the movement of dust at the project site caused by winds and construction activities such as traffic and grading activities.
• All erosion control measures, and storm water control measures will be properly maintained until the site has returned to a pre-construction state. • Protective fencing will be constructed around environmentally sensitive areas, habitats of special concern, and natural communities to prevent temporary or permanent impacts to these areas.
• All disturbed areas will be restored to pre-construction conditions or better and revegetated, either through hydroseeding or other means, with native or approved non-invasive exotic species.
• All construction materials will be hauled off-site after completion of construction activities.
CUL-1 Prior to construction, the City will incorporate specific construction methods recommended by Caltrans in its Transportation and Construction Vibration Guidance Manual into the project construction contract to protect historic buildings surrounding the intersection of Main Street (SR 49), Vallecito Road, and Finnegan Lane, including Angels Camp Trading Post [APN# 62- 004-054], Lake’s Hotel [APN# 62-004-030, Carley’s Garage [APN# 60-012-013], Carley’s Storage Garage [APN# 62-009-024, and Bazinett Hotel [APN# 60-012-011]. The selected construction methods will demonstrate that the construction will not exceed the Caltransidentified risk of structural damage to historical buildings of 0.1 inch per second peak particle velocity (PPV), or other protective threshold as identified in the analysis. The project Plans, Specification and Estimates (PS&E) will include all required conditions and vibrational restrictions to avoid an adverse vibratory effect to historic buildings.
Prior to/During
construction
The City of Angels The City of Angels Implement Caltrans recommended
construction methods
into project construction
contract prior to
construction
CUL-2 The requirements of vibration monitors and the selected construction methods identified in the PS&E package will be discussed with the Contractor and construction personnel during the preconstruction meeting by the Consulting Cultural Resource Specialist, and Resident Engineer or Project Manager (See also Biology, environmental awareness training described in BIO-2).
Prior to
construction
Consulting Cultural
Resource Specialist, and
Resident Engineer or
Project Manager
Construction Contractor Education/Monitoring of
requirements of
vibration monitors
before construction
CUL-3 Prior to beginning any construction activity within the Angels Camp Historic District, the vibration monitors will be installed. The installation of the vibration monitors shall take place under the direction of the Resident Engineer, Project Manager, Consulting Cultural Resource Specialist, Contractor, and the City. The Contractor shall notify the Resident Engineer, the City, and the Consulting Cultural Resource Specialist ten (10) working days in advance of Prior to
construction
Consulting Cultural
Resource Specialist, and
Resident Engineer or
Project Manager, City of
Angels
Construction Contractor Construction Contractor
to notify the Resident
Engineer, the City, and
the Consulting Cultural
Resource Specialist ten
vibration monitor installation to allow the Consulting Cultural Resource Specialist to monitor the vibration monitor installation. The vibration monitors shall be installed as a first order of work as described in the PS&E package.
(10) working days in
advance of vibration
monitor installation to
allow the Consulting
Cultural Resource
Specialist to monitor the
vibration monitor
installation.
Installation of vibration
monitors prior to
construction
CUL-4 When no longer required for the work, as determined by the Resident Engineer in consultation with the Project Manager, the City, and the Consulting Cultural Resources Specialist, the vibration monitors shall be removed by the Contractor. The Resident Engineer will inform the Project Manager and Consulting Cultural Resource Specialist when construction is completed.
Post construction Resident Engineer Project Manager, the City, Consulting Cultural
Resources Specialist,
Construction Contractor
Removal of vibration
moniors
CUL-5 If subsurface deposits believed to be cultural or human in origin are discovered during construction, all work will halt within a 100-foot radius of the discovery. Depending on the nature of the find, a qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric or historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, as necessary:
• If the qualified professional archaeologist determines that the find does not represent a cultural resource, work can resume immediately, and no agency notifications are required.
• If the qualified professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, he or she shall immediately notify the City. If the find is determined to be eligible for inclusion in the NRHP or CRHR, the City shall consult on a finding of eligibility and implement appropriate treatment measures. Work may not resume within the no-work radius until the City, through consultation as appropriate, determines that the site either: 1) is not eligible for the NRHP or CRHR; or 2) that the treatment measures have been completed to its satisfaction.
• If the find includes human remains, or remains that are potentially human, the qualified professional archaeologist shall ensure reasonable protection measures are taken to protect the discovery from disturbance (AB 2641). The qualified professional archaeologist shall notify the Calaveras County Coroner (in accordance with § 7050.5 of the Health and Safety Code). The provisions of § 7050.5 of the California Health and Safety Code, § 5097.98 of the California PRC, and AB 2641 will be implemented. • If the Calaveras County Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the Native American Heritage Commission (NAHC), which then will designate a Native American Most Likely Descendant (MLD) for the project (§ 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make During
construction
Qualified Professional
Archaeologist/Construction
Contractor
The City of Angels The construction crew
shall immediately cease
work in the vicinity of
the find.
If Human Remains, the
archaeologist will notify
the Calaveras County
Coroner.
If the Coroner
determines the remains
are Native American and
not the result of a crime
scene, the Coroner will
notify the Native
American Heritage
Commission (NAHC),
which then will designate
a Native American Most
Likely Descendant (MLD).
recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (§ 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording the site with the NAHC or the CCIC; working with the City and County to provide an open space or conservation zoning designation or easement; or recording a reinternment document with the City, or County, in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction.
GEO-1 If paleontological resources are discovered during earth-moving activities, the construction crew shall immediately cease work in the vicinity of the find and shall notify the City planning department. The project contractor or City shall retain a qualified paleontologist to evaluate the resource and prepare a proposed mitigation plan in accordance with the most recent Society of Vertebrate Paleontology guidelines. The mitigation plan will include, but is not limited to, a field survey, construction monitoring, sampling and data recovery procedures, museum storage coordination for any specimen recovered, and a report of findings, depending on the resources identified during construction. Recommendations determined by the qualified paleontologist and the City, based on the resources identified, will be implemented before construction activities can resume at the site where the paleontological resources were discovered.
During
construction
Qualified
Paleontologist/Construction
Contractor
The City of Angels The construction crew
shall immediately cease
work in the vicinity of
the find.
HAZ-1 Asbestos and Lead Containing Materials. A California-licensed abatement contractor will conduct a survey for lead containing materials prior to construction activities (including and demolition of concrete or asphalt elements). The contractor will submit a National Emission Standard for Hazardous Air Pollutants (NESHAP) notification. Per Section 14-9.02 of the asbestos NESHAP regulation, all “demolition activity” requires written notification even if there is no asbestos present. This notification should be typewritten and postmarked or delivered no later than ten days prior to the beginning of the asbestos demolition or removal activity. If lead containing materials are found, the following will be required:
• Building materials associated with paint on structures, and paint on utilities should be abated by a California-licensed abatement contractor and disposed of as a hazardous waste in compliance with SSP 14-11.13 and other federal and state regulations for hazardous waste.
• A Lead Compliance Plan should be prepared by the contractor for the disposal of lead-based paint. The grindings (which consist of the roadway material and the yellow and white color traffic stripes) shall be removed and disposed of in accordance with Standard Special Provision 36-4 (Residue Containing High Lead Concentration Paints). In addition, the Lead Compliance Plan will also contain the following provision to address aerially-deposited lead: SSP 7-1.02K (6)(j)(iii) – Earth Material Containing Lead.
• A California-licensed lead contractor should be required to perform all work that will disturb any lead-based paint as a result of planned or unplanned renovations in the Project area, including the presence of yellow traffic striping and pavement markings that may contain lead-based paint. All such material must be removed and disposed of as a hazardous material in compliance with SSP 14-11.12.
Prior to/During
construction
California licensed
abatement contractor
The City of Angels NESHAP notification
postmarked or delivered
ten days prior to the
beginning of the
asbestos demolition or
removal activity.
HAZ-2 Aerially Deposited Lead and Other Heavy Metals. The following actions are recommended for handling and disposal of soils that contain an elevated level of ADL or other heavy metals prior to ground disturbing activities:
• A California-licensed abatement contractor will sample and test a representative sample of soils at the project site for hazardous levels of aerially deposited lead and other heavy metals. Representative samples of exposed shallow soils shall be collected at multiple locations along the project site and analyzed for total lead and extractable lead concentrations.
• If hazardous levels of aerially deposited lead or other heavy metals are found in the soils at the project site, the following will be required:
o Removal, disposal, storage, and transportation of materials contaminated with hazardous levels of aerially-deposited lead or other heavy metals shall be performed in compliance with all applicable federal, state, and local laws, including but not limited to requirements of State Water Resources Control Board and California Regional Water Quality Control Board water quality control plans and waste discharge permits, CDFW permit requirements for contaminated soil, and all requirements of the applicable Air Quality Management District and/or the Air Pollution Control District. o Removal, disposal, storage, and transportation of materials contaminated with hazardous levels of aerially-deposited lead or other heavy metals shall be performed in compliance with the Soil Management Agreement for Aerially-deposited Lead-Contaminated Soils between Caltrans and the Department of Toxic Substance Control, if the project site is within the state right-of-way or Caltrans is acting as direct oversight for the project.
Prior to
construction
California-licensed
abatement contractor
The City of Angels Prior to construction
HAZ-3 Treated Wood. The timber associated with utility poles with mounted transformers or containing metals and polyaromatic hydrocarbons (PAH) will be removed and disposed at a Regional Water Quality Control Board certified TWW landfill.
During
construction
Construction Contractor The City of Angels Removal of treated wood at certified treated wood
waste (TWW) landfill
NO-1 The following control measures shall be implemented during construction:
• Use newer equipment with improved muffling and ensure that all equipment items have the manufacturers’ recommended noise abatement measures, such as mufflers, engine enclosures, and engine vibration isolators intact and operational. Newer equipment will generally be quieter in operation than older equipment. All construction equipment should be inspected at periodic intervals to ensure proper maintenance and presence of noise control devices (e.g., mufflers and shrouding, etc.).
• Utilize construction methods or equipment that provides the lowest level of noise and ground vibration impact.
• Turn off idling equipment.
During
construction
Construction Contractor Construction Contractor Implement construction methods and equipment
that provides the lowest
levels of noise and
ground vibration impact.
PUB-1 Prior to the start of construction, , the contractor shall coordinate with the ACFD, ACPD, Altaville Melones Fire District, Calfire, local public and private ambulance and paramedic providers in the area, and local school districts to prepare a Construction Period Emergency and School Access Plan. The Construction Period Emergency and School Access Plan shall identify phases of the project and construction scheduling and shall identify appropriate alternative emergency access routes. The Construction Period Emergency and School Access Plan shall be approved by the City prior to the start of construction.
Prior to
construction
Construction Contractor The City of Angels Coordinate and develop Construction Period
Emergency Access Plan
TRC-1 The Contractor will retain the services of a City approved Native American tribal representative to conduct project monitoring by accomplishing the following tasks:
• The City approved Native American tribal representative will advise the contractor during a preconstruction meeting and training of potentially significant cultural resources that require protection and avoidance;
• A Native American monitor will observe all natural-ground disturbing construction activities; and
• There will be a Native American tribal representative during all project excavation of natural ground.
Prior to/During
construction
City approved Native
American tribal
representative
Construction Contractor Native American tribal
representative to
conduct monitoring of all
natural ground
disturbing construction
activities and excavation
of natural ground during
construction
TRC-2 If any suspected TCRs are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find, or an agreed upon distance based on the project area and nature of the find. A Tribal Representative from a California Native American tribe that is traditionally and culturally affiliated with a geographic area shall be immediately notified and shall determine if the find is a TCR (PRC §21074). The Tribal Representative will make recommendations for further evaluation and treatment as necessary. • When avoidance is infeasible, preservation in place is the preferred option for mitigation of TCRs, and every effort shall be made to preserve the resources in place, including through project redesign. Culturally appropriate treatment may be, but is not limited to, processing materials for reburial, minimizing handling of cultural objects, leaving objects in place within the landscape, or returning objects to a location within the project area where they will not be subject to future impacts.
Permanent curation of TCRs will not take place unless approved in writing by the California Native American Tribe that is traditionally and culturally affiliated with the project area.
• The contractor shall implement any measures deemed by the City to be necessary and feasible to preserve in place, avoid, or minimize impacts to the resource, including, but not limited to, facilitating the appropriate tribal treatment of the find, as necessary. Treatment that preserves or restores the cultural character and integrity of a TCR may include Tribal Monitoring, culturally appropriate recovery of cultural objects, and reburial of cultural objects or cultural soil.
During
construction
A Tribal Representative
from a California Native
American/Construction
Contractor
The City of Angels The construction crew
shall immediately cease
work in the vicinity of
the find.
The contractor hall
implement any measures
deemed by the City to be
necessary and feasible to
preserve in place, avoid,
or minimize impacts to
the resource, including,
but not limited to,
facilitating the
appropriate tribal
treatment of the find, as
necessary.
FIRE-1 Prior to the start of construction, , the contractor shall coordinate with the ACFD, Altaville Melones Fire District, and, if necessary, Calfire, to prepare a Fire Safety Plan for use during construction. The Fire Safety Plan shall contain notification procedures and emergency fire precautions including, but not limited to, the following:
• Dry grass shall be cut low or removed from construction equipment staging areas. • All internal combustion engines, stationary and mobile, shall be equipped with spark arresters. Spark arresters shall be in good working order. • Light trucks and cars with factory-installed (type) mufflers shall be used only on roads where the roadway is cleared of vegetation. Said vehicle types shall maintain their factory-installed (type) muffler in good condition.
• Equipment parking areas (staging areas) shall be cleared of all extraneous flammable materials.
• Personnel shall be trained in the practices of the Fire Safety Plan relevant to their duties. Construction personnel shall be trained and equipped to extinguish small fires in order to prevent them from growing into more serious threats. • Smoking shall be prohibited in wildland areas and shall be limited to paved areas or areas cleared of all vegetation.
Prior to/During
construction
Construction Contractor The City of Angels Coordinate and prepare a Fire Safety Plan for use
during construction
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: August 1, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: UPDATE ON THE UTICA PARK PROJECT
RECOMMENDATION:
Discussion and possible direction on the Utica Park Project BACKGROUND:
The City received the Rural Recreation and Tourism Grant of $3,000,000, community donations of $135,000, and multiple other grants from State and Federal sources for portions of improvements on the Utica Park Property. Requests For Proposals, and Awards of Contracts were done throughout the first half of the 2023 calendar year, and demolition and debris removal are wrapping up the last week of July 2023.
DISCUSSION:
Funding
While the Rural Recreation and Tourism grant included a rough site plan and list of required components, the site plan did not have utility concerns, grading issues, geotechnical issues, or contemplate the limitations or cost-benefit of consolidating certain elements to ensure that the project is maximizing the limited dollars. As such, the final site plan will inevitably look very different than the grant application.
Ther is no requirement to match the submitted site plan, just that the components are all included per the grant.
Park Elements
The following are all required to meet the requirements of the grant:
• Land Acquisition of 060-006-006 (Lightner Mine property • Amphitheatre
• Interpretive Lightner Mine hiking trail
• Renovation of Mark Twain Statue
• Construct a NEW Mark Twain Statue
• Angels Creek trailhead kiosk
• Renovation of Pavilion and Kitchen
• Two Bocce courts
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
• Outdoor gym/exercise area(s)
• Sports hardcourt
• Renovate playground (will be used to align with PerCapita grant and Community Club donations)
• New bathroom (one unit with one unit being paid for with City funds) • New lighting
• New landscaping
• Demolition and debris removal
The total of the project, based on the above list is approximately $3.3 million. While this sounds like a lot of money, the hard truth is it is limited. To ensure that we can properly complete these elements to the degree that we need to, Council approved using $400,000 or the ARPA (COVID Relief) funding to augment any shortfalls on the park project.
Next Steps
The City has a dedicate project page for Utica Park (www.angelscamp.gov) under City Hall and then Projects). The demo and debris have taken months to complete and was significantly delayed due to the atmospheric storm events in 2022 and 2023.
The next major hurdle will be the final site plan which is dependent on the geotechnical review and should be nailed down by the second week of August. Staff are meeting with members of the Community Club and will also organize outreach meetings as required or necessary, in addition to keeping the website updated and sharing important information benchmarks via social media and the press to keep the public updated.
The biggest frustration to date from public comments is the lack of updates beyond “continuing with debris removal.” They want action, which is dependent on this work. I see the upcoming efforts being quite noticeable from now on.
Adding Components
Council Member Tiscornia asked staff to bring a discussion and direction item to the Council regarding adding a splash pad to the project. Staff reached out to vendors and contractors and researched the operational requirements to bring forward.
Staffing
The number one requirement of having a splash pad is following pool codes and adhering to CDC advisories and recommendations. A splash pad is a pool at grade. This means that the water must be
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
heavily chlorinated, pH adjusted, and daily opening and closing inspections to ensure public safety. To go a step further, due to the State of California being drought-prone, the only option to ensure that the pad could stay open, even during droughts, would be to use a reclamation system. This, in turn, would require the equivalent of a water treatment operator. Current staffing levels would not allow for the additional workload, and this work effort would be funded by the General Fund, not water rates.
Capital Addition and funding
The funding source will not be known until the park project is further along. The only unencumbered funding is the ARPA funds needed to address project overruns due to unforeseeable construction and material costs.
Since the site plan still needs to be completed, there is no way to know the size that a splash pad could or would be. Costs dramatically fluctuate depending on the size and type of system ($65,000-$500,000). Due to the need for a reclaimed water system, the costs would be higher at $58 per square foot.
Maintenance
The City of Angels Camp has big swings in temperature. Due to these fluctuations (freezing to well above 100 degrees), the safety padding on a concrete pad does not fair well. This was a discussion and concern of the playground, and ultimately, the decision was to use a loose material. Due to liability concerns related to falls, using concrete would not be recommended. Hence, depending on the degradation, the rubberized layer must be replaced every 5-7 years. Estimates for replacement are 1/3 of the original installation cost.
Lastly, the staff found an excellent feasibility report that does a good job of discussing the various subjects noted above.
Staff are looking for direction from the City Council on proceeding with the inclusion of the splash pad as a park element or bringing it back at a future date once the current park project is further along to determine if any funds are remaining from ARPA and to identify an ongoing funding source for operations and maintenance.
FINANCIAL IMPACT:
None
ATTACHMENTS:
PUD Chelan County Feasibility Report
Public Utility District No. 1 of Chelan County Phase: Pre-feasibility Public Power Benefit – Recreation and Parks For full report, refer to Appendix A
SPLASH PAD EVALUATION SUMMARY REPORT
January 2016
Photo 1 – Example only. Centennial Park, Las Vegas, NV Photo 2 – Example only. Rotary Park, Wenatchee, WA Introduction:
Splash pads come in many different sizes and shapes; they come with different water features and have various amenities. Typically splash pads avoid any water ponding. Water is sprayed through a nozzle.
There’s generally not so much “splashing” as there is “spraying”. Chelan PUD staff has visited splash pad sites in Wenatchee, WA, Tacoma, WA and in the greater Las Vegas area.
Background:
During the last several months Chelan PUD has conducted surveys at various forums. The surveys provided a list of parks and asked respondents to select a park for which they would like to have a splash pad built. The overwhelming majority selected Walla Walla Park as their preferred location. Walla Walla Park is located in Chelan county’s largest urban center and therefore appears to be consistent with the Public Power Benefit slogan: the best, for the most for the longest. PUD staff generally agrees that Walla Walla Park, of all PUD parks, is the most logical location for a splash pad. Determining where to site a splash pad within Walla Walla park would need to be studied further.
Primary Considerations:
1. Amenities: Splash pad amenities would likely be needed. These would include bathroom/changing room, shade canopies, benches, lighting and fencing to name a few.
2. Parking: The amount of existing parking was established based on existing amenities. If a splash pad is built then additional parking will be needed. The amount and location of additional parking would be a function of the size/capacity of the splash pad. How much parking to add would therefore also require additional study.
3. Staffing and Resources: A new park employee classification would be required to operate splash pad. The skill set required would be equivalent to a water treatment plant operator especially if water use is re-circulated.
Splash Pad Evaluation Page 1 January 2016
4. Location: During 2015, public survey forms were collected at various events. The surveys provided a list of parks and asked respondents to select a park for which they would like to have a splash pad built. 744 surveys were collected. Of those, the overwhelming majority (284) selected Walla Walla Park as their preferred location. Wenatchee Riverfront came in second with 173 votes, and Rocky Reach Dam third, with 119 votes. A list of all votes is included in the Preliminary Findings Report.
Costs
O&M Costs - $50,000 - $100,000 annually
Operation and maintenance costs are dependent on the size of the facility and in large part the type of water system used (single vs. re-circulated). Preliminary research indicates that the minimum annual cost will be greater than $50,000. That number could increase depending on life cycle costs. Because of the relative newness of spray pads there is very little data available on life cycle cost.
Capital Cost - $800K to $2M
Preliminary findings indicate the capital cost to construct a splash pad at Walla Walla Park would range from $800K to $2M. This value is very preliminary and is based on research gathered from other splash pad operators. Additional study is warranted to determine a more precise cost range.
Summary Table:
Project Preliminary Cost Estimate Comments
Splash Pad Capital $800k - $2M
O&M $50k - $100k annually
The cost range depicts
considerations such as size of the
splash pad feature, location, water
source, etc.
Advisory Committee Input:
• Consider parking and public transportation to ensure the feature is accessible to the most people. • Consider whether an educational value can be added (e.g. tell a story about fish or hydropower). • Consider the cost and whether another option would provide more value for the money. • Consider avoiding being on the cutting edge of something new. Let technology evolve and be tested before committing.
Next Steps: Based on outcome of pre-feasibility study and Advisory Committee feedback, put splash pad option back into Public Power Benefit project list for future consideration.
Splash Pad Evaluation Page 2 January 2016
Appendix A
SPLASH PAD FEASIBLITY STUDY - PRELIMINARY FINDINGS
Introduction: Over the last several months Chelan PUD staff has been gathering information on splash pads. A formal feasibility study has not yet been conducted. The following bullet points provide a high level look at some of the information gathered by staff. Chelan PUD needs your input to ascertain the community’s vision of a splash pad. In addition feedback is also needed to determine an acceptable level of cost. For example we would like to know if there’s a dollar amount, if exceeded, that may influence the community to select a different park/recreation amenity then the splash pad. If the information gathered is consistent with the community’s vision for a splash pad then the PUD will proceed with a formal, technical feasibility study to evaluate building a splash pad at a specific PUD park.
• Naming - Splash pads are also referred to as: spraygrounds, spray parks and water parks. • What is a splash pad? Splash pads come in many different sizes and shapes; they come with different water features and have various amenities. Typically splash pads avoid any water ponding. Water is sprayed through a nozzle. There’s generally not so much “splashing” as there is “spraying”. Chelan PUD staff has visited splash pad sites in Wenatchee, WA, Tacoma, WA and in the greater Las Vegas area.
Pictures of splash pads from those areas help illustrate a vision for what could be. • Popularity – Splash pads have grown in popularity over the last 10 – 15 years. When given a choice many communities are opting to build splash pads rather than swimming pools. This choice is largely due to the more favorable economics of building, maintaining and operating a splash pad versus a pool. This doesn’t mean that splash pads don’t cost, it just means they cost less than swimming pools. Because splash pads are a relatively recent fad not much data is available about the true costs of splash pads. Opponents have expressed concern that having fewer pools available to the public will result in less opportunity for children to learn how to swim. Proponents argue that the better economy of splash pads means greater accessibility to larger percentage of the general public. • Location - During the last several months Chelan PUD has conducted surveys at various forums. The surveys provided a list of parks and asked respondents to select a park for which they would like to have a splash pad built. The overwhelming majority selected Walla Walla Park as their preferred location. Walla Walla Park is located in Chelan county’s largest urban center and therefore appears to be consistent with the Public Power Benefit slogan: the best, for the most for the longest. PUD staff generally agrees that Walla Walla Park, of all PUD parks, is the most logical location for a splash pad. Determining where to site a splash pad within Walla Walla park would need to be studied further. • Capacity - The classic quote from the movie Field of Dreams, “If you build it, [they] will come” likely applies in this case. At times the existing “dry” playground at Walla Walla Park has seen as many as 100 kids at one time (more than one person can count). The size of a splash pad has a direct correlation with cost (ie. the bigger the splash pad, the more it costs). Budget will therefore likely control the size of the splash pad. If a decision is made to continue with a more technical feasibility study then the PUD would likely evaluate the costs of small, medium and large splash pads. • Parking - The amount of existing parking was established based on existing amenities. If a splash pad is built then additional parking will be needed. The amount and location of additional parking would be a function of the size/capacity of the splash pad. How much parking to add would therefore also require additional study.
• Utilities - Development of a splash pad would require analyzing capacity of existing infrastructure specifically utilities (ie. domestic water, storm water, waste water and power including lighting). It’s very Splash Pad Evaluation January 2016
Appendix A
likely that utilities currently serving the site would be inadequate therefore requiring utility work prior to any splash pad construction.
• Dry Playground - PUD staff has visited splash pads in other cities and noted that they all have one thing in common, all are built adjacent to “dry” playground. The construction of a “wet” playground adjacent to an existing “dry” playground will certainly expand use of both. • Permits - If a splash pad is built in an existing park the impacts to environment are viewed as negligible.
The PUD would need to obtain a water recreation facility permit administered through Washington State Department of Health. The PUD would also likely need to obtain building permits through the local municipality (if Walla Walla then City o Wenatchee). In addition there would be an annual permit with the Chelan-Douglas Health District to operate the splash pad. • Amenities - Splash pad amenities would likely be needed. These would include bathroom/changing room, shade canopies, benches, lighting and fencing to name a few. • Features - There are at least three companies that supply splash pad equipment: Vortex, Water Odyssey and Waterplay. Each company offers a unique the line of products. Selection of a company and selection within their product lines could easily be an involved stakeholder engagement process of it’s own. The PUD would likely select a company based on their product availability and track record of maintainability. • Water Use - A major design decision comes in selecting whether to employ a single use versus recirculated water system. Both systems would require a mechanical building; however the re-circulated system would require a much larger building to house a much more complex treatment system. The PUD would likely pursue the re-circulated system based solely on the desire to conserve water and therefore be environmentally responsible.
• Surface Type - EDPM (Ethylene Propylene Diene Monomer ie. rubber) provides a non-slip, non-abrasive, shock absorbing surface. Concrete would be less expensive to install and maintain then EDPM. In either case good water drainage is a must. Poor water surface drainage leads to increased maintenance costs. • Staffing - A new park employee classification would be required to operate splash pad. The skill set required would be equivalent to a water treatment plant operator especially if water use is re-circulated. • Risks - A splash pad is susceptible to waterborne illness. A splash pad has similar risks as a dry play ground in terms of risk for injury. All amenities in a public park are subject to vandalism. Risks cannot be eliminated but can be minimized through good design and operations. • O&M Costs - Operation and maintenance costs are dependent on the size of the facility and in large part the type of water system used (single vs. re-circulated). Preliminary research indicates that the minimum annual cost will be greater than $50,000. That number could increase depending on life cycle costs.
Because of the relative newness of spray pads there is very little data available on life cycle cost. • Capital Cost - Preliminary findings indicate the capital cost to construct a splash pad at Walla Walla Park would range from $800K to $2M. This value is very preliminary. Additional study is warranted to determine a more precise cost range.
Summary:
• What is the community’s vision of a splash pad?
• Are costs in line with expectations? Or is there a desire to consider other options? • Is Walla Walla Park the preferred location?
• Should Chelan PUD proceed with formal technical feasibility study? Splash Pad Evaluation January 2016
Appendix A
Chelan County PUD - Public Power Benefit – Recreation and Parks Splash Pad Location Survey Results (2015)
Location # of Votes
Walla Walla Point 284
Wenatchee Riverfront 173
Rocky Reach 119
Wenatchee Confluence 113
Lincoln Rock 70
Kirby Billingsley 54
Entiat 52
Chelan Riverwalk 35
Beebe Bridge 31
Manson Bay 30
Chelan Falls 18
Daroga 17
Chelan Falls Powerhouse 11
Old Mill 9
Orondo River 8
Badger Mountain 2
Nowhere 2
Splash Pad Evaluation January 2016
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: August 1, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: AWARD THE CONTRACT FOR SERVICES FOR PLANNING SERVICES TO AUGUSTINE PLANNING ASSOCIATES, INC. FOR A PERIOD OF THREE YEARS WITH AN OPTION TO EXTEND AN ADDITIONAL TWO-YEAR TERM.
RECOMMENDATION:
Adopt Resolution No. 23-64, awarding the Planning Services contract to Augustine Planning Associates, Inc. For a period of three years with an option to extend for another two-year term.
BACKGROUND:
The City of Angels issued a Request for Proposal for Planning Services on June 13, 2023. The requested scope was for On-Call Planning Services.
DISCUSSION:
The response period closed on June 30, 2023. A panel consisting of City, County, and Council of Government staff met to review the two responses.
Consultant Cost
Augustine Planning Associates, Inc. $85/hour (2023-2025), $90/hour (2026/27) CSG Consultants Hourly rate from $110-225, staff level depending on services provided
Each consultant was scored based on defined criteria, and Augustine Associates Inc. was the recommended consultant.
Ms. Augustine has acted as the City Planner since 2018, following the full-time City Planner's retirement.
She brings extensive local knowledge and has a strong background in short- and long-range planning, dayto-day planner needs, and environmental compliance and determinations as project require them.
Staff recommends awarding the On-Call Planning Service contract to Augustine Planning Associates, Inc.
For a period of July 1, 2023, through June 30, 2026, with an option to extend for an additional two-year term.
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:
The budget included planning services.
ATTACHMENTS:
Augustine Planning Service Contract Resolution No. 23-64 Draft Contract
CITY OF ANGELS
CITY COUNCIL
RESOLUTION No. 23-64
A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO AWARD THE ON-CALL PLANNING SERVICES CONTRACT TO AUGUSTINE PLANNING ASSOCIATES, INC FOR A PERIOD OF JULY 1, 2023 TO JUNE 30, 2026.
WHEREAS,; the City of Angels issued an RFP on June 13, 2023, and WHEREAS,; the City received two responses, and
WHEREAS,; the City conducted a review panel based on a a define scoring criteria Augustine Planning Associates, Inc. was the recommended consultant, and WHEREAS,; staff recommend the award of On-Call Planning Services to Augustine Planning Assocaites, Inc.
NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the award of On-Call Planning Services Contract to Augustine Planning Assocaites, Inc. For a period of July 1, 2023 to June 30, 2026 with an option to extend for an addition two-year term.
PASSED AND ADOPTED this 1st day of August, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk
HOME OF THE JUMPING FROG
Professional Services Agreement – Consultant Services
177360.1
PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL
PLANNING SERVICES
(City of Angels / Augustine Planning Associates)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Angels, a California municipal corporation (“City”), and Augustine Planning Associates, Inc. a Corporation (“Consultant”).
2. RECITALS
2.1. City has determined that it requires the following professional services from a consultant: On-Call Planning Services
2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1. “Scope of Services”: Such professional services as are set forth in Consultant’s June 29, 2023 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
3.2. “Agreement Administrator”: The Agreement Administrator for this project is City Administrator. The Agreement Administrator shall be the principal point of contact at Professional Services Agreement – Consultant Services
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the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.3. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Ninety Thousand Dollars ($ 90,000) per fiscal year unless amended by Council per City needs.
3.4. “Commencement Date”: July 1, 2023.
3.5. “Termination Date”: June 30, 2026.
3.6. “Extended”: Two-year extension period to June 30, 2028.
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 16 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
5. CONSULTANT’S DUTIES
5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining Professional Services Agreement – Consultant Services
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work on such assignments would exceed the Maximum Amount.
5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
5.5. Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.
5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. City Administrator shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
5.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
5.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
5.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, Professional Services Agreement – Consultant Services
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vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
6. SUBCONTRACTING
6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
6.4. Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved mark- up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.
7. COMPENSATION
7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, Professional Services Agreement – Consultant Services
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a description of each labor charge, and the total amount due for labor charges.
Professional Services Agreement – Consultant Services
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7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
10. RELATIONSHIP OF PARTIES
Professional Services Agreement – Consultant Services
177360.1
10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. INDEMNIFICATION
11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.
11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.
Professional Services Agreement – Consultant Services
177360.1
11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.
11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.
Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act.
Consultant expressly waives its statutory immunity under such statutes or laws as to City.
11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.
11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
12. INSURANCE
12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same.
Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: City of Angels On-Call Planning Services Professional Services Agreement – Consultant Services
177360.1
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
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
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.
Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured
12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form.
Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Professional Services Agreement – Consultant Services
177360.1
Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks.
12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims- Made basis, the retroactive date shall be no later than the commencement of the work.
Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
12.8. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of the City of Angels must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be noncontributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall Professional Services Agreement – Consultant Services
177360.1
constitute a material breach of this Agreement.
12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Angels, Attn: City Administrator, 200 Monte Verda St. Angels Camp CA 95222.
12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.
12.15. Premium Payments and Deductibles. Consultant must disclose all deductables and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.
City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
12.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
13. MUTUAL COOPERATION
13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the Professional Services Agreement – Consultant Services
177360.1
proper performance of Consultant’s services under this Agreement.
13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City
Rebecca Callen
City of Angels
200 Monte Verda St
Angels Camp, CA 95222
Telephone: (209) 736-2181
If to Consultant
Augustine Planning Associates,
Inc 270 South Barretta, Ste. C
PO Box 3117
Sonora, Ca 95370
Telephone: 209-532-7376
15. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 5.11 (Records), Section 10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnification), Section
12.8 (Claims-Made Policies), Section 13.2 (Consultant Cooperation in Defense of Claims), and Section 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
16. TERMINATION
16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.
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16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.
17. INTERPRETATION OF AGREEMENT
17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
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17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
18. GENERAL PROVISIONS
18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2. Conflicts of Interest. 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. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. 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.
18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
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18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.
18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies 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; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action.
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18.12. Venue. The venue for any litigation shall be the Superior Court of California for the County of Placer and Contractor hereby consents to sole jurisdiction in that court for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Angels
By:
Signature
Printed:
Title:
Date:
“Consultant”
Augustine Planning Associates, Inc.
By:
Signature
Printed:
Title:
Date:
Attest:
By:
Rose Beristianos, City Clerk
Date:
Approved as to form:
By:
Douglas White, City Attorney
Date:
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Exhibit A
Scope of Services
D. Description and Approach
Amy Augustine, AICP (APA) will provide on-call and in-house planning services and environmental documentation for all short-term and long-range planning projects.
Through meetings with developers, engineers, property owners, members of the public, stakeholder agencies, agency staff, preparation of local and regional plans, participation in public meetings, outreach events and residency in the Sierra foothills; APA is familiar with City of Angels community goals and the planning tasks necessary to achieve them. APA will continue to evaluate the economic, social, environmental, and physical factors affecting the area to devise and refine implementable plans to guide the community in meeting its short and long-term goals. APA is familiar with most of the City’s existing short and long-range plans and; as funding allows; will facilitate the implementation of those plans and other special projects or assist in securing the funds necessary to do so when approved by the City.
APA proposes two days in-house per week, unless otherwise requested by the City. Amy will continue to be available by phone/text/e-mail on days when she is not “in house”. In short, APA will continue to provide full-service planning both in-house and on-call from APA’s Sonora office when not present in-house. Should demands for planning services exceed the workload of a single planner, Amy will call upon Aimee Dour-Smith and Breanna Kalson, AWE, to provide additional planning support.
Short-term planning tasks
Short-term planning tasks will include, but are not limited to processing current (private development) project reviews for all forms of land use entitlements, building permits, home occupation permits, sign permits, and business licenses as needed.
APA will answer public inquiries at the front counter, by telephone, mail, e-mail, website portal or other means or find the answer from the appropriate staff, department, or agency. APA views public contacts and requests for assistance as a representative of the City as one of the most important tasks of a planner. Public contact provides insight into community concerns, priorities, and ideas that could influence planning decisions. She views her role as being someone that the public should be able to depend upon to provide an accurate answer as quickly and courteously as possible.
Similarly, APA has in the past and will continue to meet with potential developers (large and small) to guide application submittal, project design, determine application completeness, and, once applications are submitted, determine the appropriate level of environmental documentation and keep applicants appraised of the status and “next steps” for their projects. APA also works with the applicant to identify project design solutions or alternatives where necessary.
She will continue to establish and maintain good working relationships with the public, developers, other departments, jurisdictions and agencies.
APA will interpret and apply applicable ordinances, municipal codes, and general plan policies.
Amy will analyze project compliance with the City’s General Plan 2020, written by APA; design guidelines, Greenhouse Gas Emissions Plan (pending) and consistency with the City’s transportation plans, capital improvement plan, water and wastewater master plan, strategic plan, and all other applicable local, state and federal plans and regulations.
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APA also emphasizes gathering input from a wide variety of sources early in the planning process and interdepartmental coordination. As a result, she notifies other city departments, local, state and federal agencies, interested stakeholders and neighboring landowners (advisory agency and adjoining landowner notices) at the start of the planning process to solicit input with a goal of identifying and addressing concerns from the outset, rather than at the end of the planning process. This approach supports identifying (and preparing to address) potential issues before public hearings. This, in turn, assists in moving projects forward without undue delay.
During project review, APA will analyze and ensure project compliance with state regulations including the California Environmental Quality Act (CEQA) Guidelines, State Subdivision Map Act, Permit Streamlining Act, and other land use regulations. As a member of the American Institute of Certified Planners (AICP), Amy participates in continuing education in the planning field, including changes in land use laws and regulations, keeping her appraised of the everchanging land use regulations.
She will prepare environmental documents and determinations, feasible mitigation measures, mitigation monitoring and reporting plans, and responses to comments. APA will prepare staff reports, resolutions, and ordinances for planning projects and provide staffing for the City of Angels Planning Commission. She will attend City Council meetings, public hearings, community meetings, make public presentations, and serve on special project committees, as requested. APA also will review environmental documentation prepared by others and prepare comments on behalf of the City (e.g., Cal 49 Mobility Improvement Project).
APA will continue to prepare and ensure publication of all necessary legal notices prior to public hearings and file all required documents with the State Clearinghouse upon completing necessary steps in the environmental review process as necessary to minimize the timeline for legal challenges to land use actions. After project completion, APA will ensure that mitigation measures for projects are passed along to and incorporated in subsequent development permits (e.g., building, grading, construction).
Amy is familiar with the City’s software programs necessary for processing current planning projects including: SmartSheet, IWorQ, and Sharepoint.
APA will continue to participate in representing City interests on special projects [e.g., Clean California (Monument Signs), Foundry Lane decertification, Utica Park / Lightner Mine Expansion and Rehabilitation) etc.].
Long-range planning tasks
Long-range planning tasks to be provided will include, but are not limited to: implementing existing plans [e.g., General Plan 2020, Angels Camp SR 4 and SR 49 Gateway and Corridor Study (including Foundry Lane), Angels Creek Master Plan and Trail Plan, Calaveras County Evacuation and Access Needs Assessment and Preparedness Plan (Draft), Greenhouse Gas Emissions Plan (Draft), Water Master Plan, Wastewater Master Plan, Angels Camp Wayfinding System, Angels Camp Main Street Plan, Angels Camp North Main Street Plan, Strategic Plan, etc.]; preparing or guiding preparation of specific plans, annexations, general plan updates and amendments; maintaining, updating, and preparing new zoning and development codes, participation on long-range planning committees (e.g., greenhouse gas emissions plan, vehicle miles traveled plan), identifying funding sources for City projects, assisting with special project oversight (Utica Park expansion and rehabilitation). APA can provide grant writing services, Professional Services Agreement – Consultant Services
177360.1
upon request.
APA will continue collaborating with other departments to evaluate and address short and longrange demand and infrastructure needs relative to public water and public sewer services and infrastructure, transportation needs, and reviewing and consolidating multiple plans for consistency.
The APA Team also can provide environmental documentation and studies for public projects, preconstruction surveys and training, and on-site biological and cultural resources construction monitoring.
Environmental Reviews
As illustrated in the attached resumes, the APA Team has written and gained approval for nearly every type and level of environmental documentation from most local, state, and federal agency processes.
The APA Team has worked extensively with public agencies to complete hundreds of environmental documents including:
• CEQA exemptions
• NEPA exclusions
• Negative Declarations / Mitigated Negative Declaration • Environmental Assessment
• Environmental Impact Report
• Environmental Impact Statement
The APA team has also completed more specialized technical studies and plans and obtained specialized permits associated with specific agency procedures including, but not limited to:
• CEQA + (CEQA Plus) packages – generally required for projects with a state lead agency using federal pass-through funds
• Community Development Block Grant environmental clearance • Caltrans, Federal Highway Administration:
Visual Impact Assessment (with photo-simulations)
Natural Environment Study (NES) and NES-minimal impact (NES-MI) Biological Assessment (BA)
Not Likely to Adversely Affect Letter (NLAA)
Air Quality & Climate Change Study Report
Wetland delineations and wetland permitting application packages Community Impact Assessment (Relocation and Agricultural Conversion) Historic Property Survey Report (HPSR)/Historic Resources Compliance Report (HRCR) Noise Study Report
Farmland assessments (AD-1006, California Department of Conservation) …and others
All of the preceding in accordance with the Caltrans Standard Environmental Reference (SER) • Section 7 (endangered species) consultations (United States Fish and Wildlife Service) • Section 10 incidental take permits (species specific and multi-species regional habitat conservation plans)
• Streambed Alteration Agreement (1600 Permits – California Department of Fish and Wildlife)
• Section 404 Permits (wetlands) U.S. Army Corps of Engineers • Section 401 Permits (water quality) Regional Water Quality Control Boards • Section 106 Consultations (State Office of Historic Preservation) • Native American consultation
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• Air quality conformity analysis
In addition, the APA Team has worked with:
• California Dpt. of Toxic Substances Control (DTSC) addressing hazardous materials Sites
Many of the preceding studies were prepared for public works projects ranging from bridge replacements/widenings, new parks, highway widening; bicycle and pedestrian trails; sewer and water line replacements; sidewalk replacements; intersection realignments and reconfigurations; congestion relief projects; construction of new intermodal facilities, new public facilities (e.g., a new community center), and similar projects.
Project Management Approach
APA has a proven record of managing multiple projects on-time and within budget with competing priorities while maintaining quality control and meeting project schedules and deadlines. In addition, APA’s philosophy is solution oriented. The members of the APA Team believe that if they identify a problem, they will also identify a solution.
Most members of the City of Angels APA Team have worked together for more than 20 years.
We believe in having a single point-of-contact and one back-up appraised of large, ongoing projects. Invoicing will come as a consolidated invoice through a single point-of-contact (APA).
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Exhibit B
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: August 1, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: AWARD CONSTRUCTION CONTRACT TO MCGUIRE PACIFIC CONSTRUCTORS FOR THE ANGELS CAMP ROAD SIGN CONSTRUCTION PROJECT HSIPL-5206(018) IN THE AMOUNT OF $84,980
RECOMMENDATION:
Approve Resolution 23-65, awarding the construction contract of the Angels Camp Roadside Safety Sign Replacement Project Federal No. HSIPL-5206(018)
BACKGROUND:
The City of Angels issued an Request for Proposal on June 6, 2023 with a closing date of July 17, 2023 for a Federally funded Roadside Safety Sign Replacement Project.
DISCUSSION:
The City of Angels applied and was award HSIP (Local Highway Safety Improvement Program) March of 2019 to conduct a Roadway Safety Sign Audit (RSSA) and construction. This survey was completed July 15, 2020.
The City Engineer reviewed the study in 2023 and prepared the Request for Proposal. The City used Public Purchase and the City website for local and national advertisement from June 6, 2023, through July 17, 2023. One Hundred Sixteen Vendors accessed the RFP. Fifty-Nine vendors downloaded the documents.
Six submitted responses.
Of the six responses, five were responsive, for purposes of initial bid response. For purposes of selection, it is lowest bid.
Contractor Bid Amount
McGuire $84,980
Sutton Enterprises $116,750
Chrisp Company $169,035
Statewide Traffic Safety and Signs, Inc. $114,400
XCEL Engineering $96,596
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
From date of public opening, which happened virtually and in person on July 17th and 11 am, contractors had four days to submit their DBE forms. Two vendors submitted these: McGuire and Statewide Traffic Safety and Signs, Inc.
Engineering reviewed all submitted forms and DBE calculations and concluded that McGuire met the DBE requirements to proceed with award.
The project is slated to be complete within ten working days after the Notice to Proceed has been issued.
All work shall be completed on or before twenty working days.
A total of 342 of signs are contemplated in the scope of work to remove and replace, with the majority due to reflectivity issues. Any speed signage that would have been amended following the latest speed survey were also identified in the replacement list.
The full copies of proposals, draft contract, and RFP are available per request.
FINANCIAL IMPACT:
The project was included in the 2023/24 budget.
ATTACHMENTS:
McGuire Construction Contract Resolution No. 23-65
CITY OF ANGELS
CITY COUNCIL
RESOLUTION No. 23-65
A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO AWARD THE ANGELS CAMP
ROADSIDE SAFETY SIGN REPLACEMENT CONSTRUCTION PROJECT TO MCGUIRE PACIFIC CONSTRUCTORS IN THE AMOUNT OF $89,980 (HSIP-5206(018)
WHEREAS,; the City of Angels issued an RFP on June 6, 2023 for the Angels Camp Roadside Safety Sign Replacement construction project locally and nationally, and WHEREAS,; the City conducted a public opening of all responsive bids on July 17, 2023 at 11 AM, and
WHEREAS,; McGuire Pacific Constructors was the lowest bidder, and WHEREAS,; McGuire Pacific Constructors has met the DBE requirement per the federal funding source (HSIP), and
WHEREAS,: the City Engineer recommends the City Council to award the contract to McGuire Pacific Constructors in the amount of $89,980
NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the award of the construction contract in the amount of $89,980 for the Angels Camp Roadside Safety Sign Project.
PASSED AND ADOPTED this 1stday of August, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Jennifer Herndon 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: August 1, 2023
TO: City Council
FROM: Michelle Gonzalez, Finance Director
RE: AUDIT FIRM SELECTION FOR FISCAL YEARS 2023 – 2025, OPTION FOR 2026-2027 AND
AUTHORIZATION FOR CITY ADMINISTRATOR TO SIGN ENGAGEMENT LETTER RECOMMENDATION:
Authorize the City Administrator to sign engagement letter with Price Paige & Company, CPA’s, for audit services from Fiscal Year 2022-23 through 2024-25 as included in proposal dated June 21, 2023.
BACKGROUND:
The City has contracted with Larry Bain, CPA for audit services since 2015. In order to provide the option of changing firms for a fresh look at City operations, the City issued an RFP for Audit Services on June 1, 2023, which was posted on Public Purchase and the City’s website. Three proposals were received by the deadline on June 30th. The proposals were reviewed by an interview panel and evaluated both based on cost and each firm’s ability to provide competent and consistent services to the City.
DISCUSSION:
Staff is recommending the City enter into an engagement with Price Paige & Company, CPA”s, in accordance with its proposal (included in packet). The proposal offered staff rates comparable to the other CPA firms and a not to exceed 400 hours maximum for Single Audit services. This current fiscal year we did not meet the threshold for a Single Audit and therefore except the actual cost to come in less than projected. References for the firm confirmed that they provided good service to them, often going above and beyond what was expected. Harshwal & Company was the second in consideration for the engagement, as they provided a contract price relatively consistent with the other RFP’s and had experience with 50-60 Special Districts, Counties and Enterprise Funds. Estimated hours 250 – 400, average cost $44,750 - $71,600 (400 hours for Single Audit).
Rates Harshwal & Co Price Paige & Co SingerLewak
Partner $ 400 $ 325 $ 310
Managers $ 275 $ 285 $ 195
Supervisor $ 175 $ 220 $ 130
Senior Auditor $ 175 $ 175 $ 130
Staff Auditor $ 120 $ 125 $ 110
Clerical Staff $ 90 $ 90 $ 55
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:
There will be an average annual increase of $10,000 - $35,000 depending on if a Single Audit is necessary over our current budget level.
ATTACHMENTS:
1. Audit Proposal
2. Resolution No. 23-62
PROPOSAL FOR PROFESSIONAL AUDIT SERVICES
FOR
CITY OF ANGELS
FOR THE YEARS ENDING
JUNE 30, 2023, 2024 AND 2025
Submitted
June 21, 2023
By
Fausto Hinojosa, CPA, CFE
Managing Partner
Price Paige & Company
Certified Public Accountants
570 N. Magnolia Ave., Ste. 100
Clovis, California 93611
Phone: 559-299-9540
Fax: 559-299-2344
Email: [email protected]
Website: www.ppc.cpa
License No: 66479
Federal ID No: 87-3267876
CITY OF ANGELS
PROPOSAL FOR PROFESSIONAL AUDIT SERVICES
FOR THE YEARS ENDING JUNE 30, 2023, 2024 AND 2025 ___________________________________________________________________________________________________________________________________________
TABLE OF CONTENTS
PAGE
LETTER OF TRANSMITTAL ..................................................................................................................... 1 FIRM HISTORY AND QUALIFICATIONS ................................................................................................. 2 VALUE-ADDED SERVICES AND SUPPORT .......................................................................................... 4 TEAM QUALIFICATIONS AND EXPERIENCE ........................................................................................ 5 TEAM RESUMES ..................................................................................................................................... 6 RELEVANT PRIOR EXPERIENCE ........................................................................................................ 11 SCOPE OF SERVICES .......................................................................................................................... 12 AUDIT APPROACH ................................................................................................................................ 14 COST PROPOSAL ................................................................................................................................. 17 PEER REVIEW REPORT ....................................................................................................................... 18 1 June 21, 2023
Michelle Gonzalez, Finance Director
City of Angels
200 Monte Verda, Ste. B
Angels Camp, CA 95222
Dear Ms. Gonzalez and Auditor Selection Committee:
Thank you for considering Price Paige & Company for your audit services. It is our pleasure to present to you our proposal to provide professional audit services to the City of Angels (the City) for the years ending June 30, 2023, 2024 and 2025, with a possible extension for two subsequent fiscal years. When presented with viable alternatives, it is not always easy for entities such as the City to identify the accounting firm that can best meet their overall auditing needs. Over the past 40 years, we have developed significant expertise in governmental auditing and accounting. Our knowledge of the governmental environment operations has allowed us to develop more robust audit procedures that enhance the effectiveness of our audits.
Our audit professionals are highly qualified and have extensive experience and expertise in governmental auditing and accounting. The firm has been a member of the AICPA Government Audit Quality Center since its inception, and all our accountants take a minimum of 80 hours of continuing professional education every two years specifically related to the auditing and accounting services we provide. This commitment to learning yields a direct benefit to the clients we work with. Additionally, our firm has a well-earned reputation for ensuring audit engagements are performed in accordance with professional standards and, just as importantly, on time. We are committed to communicating effectively to ensure that we address your questions comprehensively. As demonstrated by our resumes and considerable involvement by the firm’s audit principal, we feel that our firm has the resources, knowledge and expertise to meet and service the needs of the City. We can assure you that we fully understand the scope of work to be performed, and we wish to emphasize our commitment to meeting and exceeding all your expectations. We are committed to providing these services in accordance with the City’s required timelines. Additional information about our firm’s audit department and the services we offer can be found on our website, www.ppc.cpa.
We trust that this proposal to provide professional audit services will adequately summarize our approach to client service and identify those attributes that set Price Paige & Company apart from others. We appreciate the opportunity to submit this proposal to serve you and would be pleased to furnish any additional information regarding our firm or answer any other specific questions or concerns you may have. I am an audit principal for our firm, and I am authorized to make representations regarding this proposal. I may be reached at (559) 299-9540 or via email at [email protected].
Sincerely,
Fausto Hinojosa, CPA, CFE
Managing Partner
Price Paige & Company
Certified Public Accountants
2 FIRM HISTORY AND QUALIFICATIONS
___________________________________________________________________________________________________________________________________________ Established in 1976 and located in Clovis, California, Price Paige & Company consists of five partners each of whom is a Certified Public Accountant. The principals of the firm have more than 90 years of combined experience in public accounting. Our firm is comprised of over 50 professional, paraprofessional and administrative staff. More than 50% of Price Paige & Company’s practice is in auditing and attestation services, primarily in the governmental and not-for-profit sectors. In addition, we provide services to many businesses in accounting, tax and management consultation in all areas.
Price Paige & Company is recognized in the community and by our peers as experts in the areas of governmental and not-for-profit auditing, attestation and accounting. Our proven commitment to excellence allows us to work with clients in the timeliest and most cost-effective manner possible. Our auditors are not seasonal; that is, they are not “tax accountants” who perform audits in the “off-season.” They focus exclusively on providing audit services, and they receive over 80 hours of continuing education every two years, specifically related to improving their audit skills. The experience of our team allows us to conduct very efficient and effective audits.
We currently provide auditing, attestation and accounting services to more than 60 governmental agencies and 75 not-for-profit organizations annually, many of which are federal single audits. The breadth and scope of single audits we have conducted is significant, and we have experience auditing organizations with an excess of $100 million dollars of federal funding.
We will assign a team of personnel from our firm to your account to provide the range of services you have requested. This team is kept abreast of any significant developments that arise through our normal association with you. The most important aspect of this approach is to provide continuity to the engagement. We understand that the audit process requires two-way communication, and we accept our responsibility to listen to our client’s concerns and deliver timely and effective solutions.
Proactive Rather than Reactive Approach to Client Service A primary objective of our client service is to make positive contributions to our client’s profitable operations, organizational efficiency and productivity. We work hard at anticipating problems and ensuring there are no surprises. We are creative and will always present alternatives for our client’s evaluation rather than relying on the “textbook solution.” We will schedule frequent meetings and utilize our management recommendation letters as tools for communication with you.
Smart Technologies
We use sophisticated data analysis software (IDEA) that allows us to perform specific fraud-detection tests on large amounts of data; in some cases, testing 100% of the transaction population. Some of the specific tests we perform include the following: duplicate payment tests, matching of employee and vendor addresses to identify potential conflicts and review of purchase orders to identify potential bid splitting. We believe our creative use of this value-added software tool allows us to perform more effective audits and gives our clients increased confidence in their financial reporting. For example, we have successfully implemented this data analysis software and testing at Fresno Unified School District, which is the third largest school district in the state, with a budget in excess of $800 million dollars.
All our audit engagements are performed utilizing a paperless and digital approach. Our auditing software allows us to increase our efficiency and provide a streamlined workflow. Documents and files can easily be retrieved and forwarded to our clients without the need for photocopying. 3 External Peer Review
The successful peer reviews our firm has received and our Engagement Quality Control Review program serve as evidence of our commitment to meeting the standards of care and performance applicable to our auditing, attestation and accounting practice, which demonstrate the extra measures we take to ensure continued successful compliance with our client’s expectations about our quality and competence.
For your consideration, a copy of the firm’s Peer Review Report is included in this proposal as listed on the table of contents. The firm received a “pass” report, and the review included specific not-for-profit, governmental and Uniform Guidance engagements.
We Conduct Peer Reviews
In addition to receiving successful peer reviews, Price Paige & Company also conducts peer reviews of other accounting firms. Essentially, we “audit” other auditors to ensure auditing and accounting standards are met. Being a peer reviewer requires us to understand the technical accounting rules, especially in the governmental and not-for-profit environments. We leverage our experience as technical peer reviewers in our audit engagements so that we can perform effective and efficient audits for all our clients.
Mandatory Qualifications
Licensure and Certification — The associates of Price Paige & Company are licensed Certified Public Accountants, certified by the California State Board of Accountancy (License #PART 8241). All team members assigned to the engagement comply with the 80-hour continuing education requirements promulgated by Government Auditing Standards issued by the U.S. Government Accountability Office.
Independence — Our firm is independent with respect to the City as defined by applicable standards generally in the United States as well as Government Auditing Standards issued by the U.S.
Government Accountability Office.
No Conflict of Interest — Our firm’s established policy is that we do not submit proposals for auditing, attestation or accounting services if there is a known conflict of interest with the potential client. There are no current or potential conflicts of interest with anyone (employees, management, officers or directors) within the City.
No Disciplinary Actions — Price Paige & Company has never had any disciplinary actions taken nor are any pending with the Federal or State regulatory bodies or professional organizations. In addition, we are pleased to affirm that we have never had an unresolved dispute related to accounting or auditing matters that resulted in disengagements. We work closely with our clients to develop solutions that are consistent with the accounting rules and auditing standards issued by the U.S. Government Accountability Office.
Additional Confirmations of Understanding
File Retention — We will retain working papers for seven (7) years following the completion of the audit.
Equal Opportunity Employer — Price Paige & Company is an equal opportunity employer. All employees are treated on their merits, without regard to race, age, sex, marital status or other factors not applicable to their position. Employees are valued according to how well they perform their duties, their demonstrated abilities and their enthusiasm toward maintaining the firm’s standards of service.
Liability Coverage — Price Paige & Company maintains comprehensive General Liability Coverage and Errors and Omissions Insurance with a limit of at least $3,000,000. All required certificates of insurance will be provided to the City’s management, should our firm be the successful bidder. 4 VALUE-ADDED SERVICES AND SUPPORT
___________________________________________________________________________________________________________________________________________ The role of accountants has evolved over time in response to the client’s needs. Our firm has made it a practice to be proactive with clients by providing value-added services, all of which are included as part of our audit engagement. Below are some of the value-added benefits that we provide to our clients at no additional charge.
Consultation on Accounting Matters
We provide our clients with guidance on technical accounting matters. We encourage our clients to communicate with us regarding any technical accounting matter, as it allows us to be proactive in the audit process. If the technical accounting questions are outside the scope of the audit or require significant research, we will communicate with management the appropriate cost for their approval before proceeding with any additional services.
Client Training
We believe it is important to give our clients access to a full range of information to help them stay aware of current accounting developments and financial reporting issues. As part of our client service program, we will periodically hold client training seminars and summary courses aimed at providing our clients with an understanding of relevant accountancy issues. Training sessions we have offered included the following topics: understanding and mitigating the risk of fraud, reading and understanding governmental and non-profit financial statements and understanding the impact of unrelated business taxable income activities.
At the request of our clients, we expect to offer more client training sessions on some of the following topics in the future:
current and pending government accounting pronouncements, differences in grant accounting vs. GAAP accounting,
understanding the risk of fraud in an organization.
As part of the value-added service included in our client engagements, we invite our clients and their board members to attend the training sessions, which we anticipate offering remotely through webinar or digital conferences.
Approach to Communication and Expectations of Our Clients In order to meet and exceed your expectations, we are diligent about maintaining open communication throughout the entire engagement. In our experience, this results in a more effective engagement. Our approach depends on the timely response and assistance of the City. This cooperation will further ensure our work is completed in an efficient and cost-effective manner.
Additional Services Provided
In addition to financial statement audits, we also offer the following services: Internal Control Review, Forensic Accounting, Fraud Investigation, Agreed-Upon Procedures, Financial Statement Review and Financial Statement Compilations.
5 TEAM QUALIFICATIONS AND EXPERIENCE
___________________________________________________________________________________________________________________________________________ We have an outstanding team of professionals who have established themselves as qualified competent individuals. We can assure you that each of our professionals is experienced in governmental accounting, GASB accounting pronouncements and Single Audit requirements. Following is a brief overview of their experience. Detailed experience for each of these professionals can be found in Team Resumes as listed on the table of contents.
Years of Auditing / Accounting Experience
Audit Partner
Fausto Hinojosa, CPA, CFE* 33
Quality Control Partner
Joshua Giosa, CPA 16
Audit Manager
Osvaldo Gutierrez, CPA 15
Audit Supervisor
Anthony Gonzales, CPA 8
Audit Supervisor
Kristin Torres, CPA 9
* Denotes a reviewer in Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Program.
Availability of Personnel and Time Requirements
Our level of staffing is more than sufficient to ensure that you receive a timely, efficient service. Should any of the above members of our team become unavailable, we will provide another equally qualified individual from our firm.
Continuity of Professional Staff and Succession Planning Continuity of staff on engagements is as important to us as it is to our clients. Continuity promotes a thorough understanding of your needs and goals and helps us help you. A smooth transition from your existing firm to our firm will be accomplished as follows:
Communication — We stress communication early on with your staff to determine expectations, time frame for delivery of information and our extent and availability of assistance. We provide a written list of detailed information needed during our engagement, including critical due dates.
Experience — Members of our engagement team are very experienced in the operational, administrative and accounting and compliance issues related to governmental entities.
Quality — The firm maintains a rigorous quality control review process that includes not only a detailed review by a quality control manager and engagement partner but also an Engagement Quality Control Review (EQCR) as defined by AICPA standards.
Audit Approach — Our audit approach emphasizes effective up-front planning to identify issues for timely resolution.
6 TEAM RESUMES
___________________________________________________________________________________________________________________________________________
FAUSTO HINOJOSA
Certified Public Accountant
Certified Fraud Examiner
California License # 66479
Present Position
Audit Partner
Education and Experience
Fausto is Partner and Audit Principal in charge of audit and forensic consulting engagements for Price Paige & Company. For over thirty years his practice has focused on audit and accounting, fraud investigation, forensic consulting, and litigation support services. Fausto serves as the Managing Partner for the Firm and is responsible for providing strategic leadership. He has worked professionally in the accounting field since graduating from California State University, Fresno, in 1990. He became a Certified Public Accountant in 1994 and a shareholder with Price Paige & Company in 1997. A Certified Fraud Examiner, Fausto has investigated numerous allegations of fraud and has been designated a fraud expert in various legal proceedings.
After more than 30 years in the profession, Fausto has developed significant expertise specifically in the areas of audit risk assessment, governmental and not-for-profit auditing, fraud detection and prevention, federal/state grant compliance and internal controls.
Fausto is the former Chair of the local Government Accounting and Auditing Committee for the California Society of CPAs and currently serves on the state committee. In addition, Fausto is a reviewer for the Government Finance Officers Association “Certificate of Achievement for Excellence in Financial Reporting” program. As the former Chair for the State Board of Accountancy Qualifications Committee, Fausto conducted audit workpaper reviews of CPA candidates in order to make licensure recommendations to the Committee.
Fausto is a former Adjunct Professor at Fresno Pacific University, where he taught an upper-division auditing course. He is a frequent lecturer to the California Society of CPAs and other professional organizations, business and civic groups on governmental and not-for-profit accounting and auditing, preventative fraud measures and the unique audit requirements for federal award programs under the Single Audit Act.
Professional Organizations and Community Involvement
California Board of Accountancy Peer Review Oversight Committee — Vice Chair State Board of Accountancy Qualifications Committee — Past Chair Fresno Chapter of California Society of CPAs — Past President Association of Certified Fraud Examiners — Member
American Institute of Certified Public Accountants — Member Government Accounting and Auditing Committee of the Fresno Chapter — Past Chair State Government Accounting and Auditing Committee of the California Society of CPAs — Member Government Finance Officers Association — ACFR Reviewer 7 JOSHUA GIOSA
Certified Public Accountant
California License # 119801
Present Position
Quality Control Partner
Education and Experience
Joshua began his accounting career at Price Paige & Company in January 2007 after graduating from California State University, Fresno. In June 2005, he received a Bachelor of Science in Business Administration with an option in Accountancy and became a Certified Public Accountant in 2013.
Joshua is a partner for many of the firm’s municipal audits and all its consultation clients. Although his governmental auditing background dates to 2007, since 2011 he has worked almost exclusively with governmental agencies, including the planning, performing, and reviewing of financial statement audits, which often also includes the compilation of their financial statements. He has performed and overseen substantial grant compliance work on both federal and state programs, has conducted several single audits, and has prepared numerous State Controller reports.
Beginning in 2017, Joshua shifted his focus from auditing to consulting governmental agencies, including counties, municipalities, and special districts. During this time, he has worked very closely with finance department personnel to support their primary objective of providing timely and accurate information to the decision-makers of a given entity. Responsibilities have included assisting clients with closing their financial records and preparing audit schedules in preparation for their annual audits, preparing monthly bank reconciliations and any other reconciliations requested by management for internal purposes, providing guidance for implementing new accounting pronouncements, and providing guidance for improving internal controls. Additionally, he has assisted municipalities in implementing new accounting software and developing a new chart of accounts and fund structures. Joshua has extensive knowledge of the Government Accounting Standards Board pronouncements and has assisted his clients in the most complex of transactions. His background also includes significant experience auditing not-for-profit entities and 401(k) pension plans.
Joshua has expertise in the use of IDEA data analysis software and has used this software to conduct fraud detection procedures as a part of the many municipal audits he manages.
Community and Affiliations
Joshua is a member of the American Institute of Certified Public Accountants, the California Society of CPAs and the Government Finance Officers Association. He is currently serving on the Board of Directors as the Treasurer for North Fresno Rotary Endowment and president of Bullard Youth Softball League. He was formerly on the Board of Directors as the Treasurer for Big Brothers Big Sisters of Central California and Fresno’s Rotary Storyland/Playland. Joshua is also an honorary member of the North Fresno Rotary Club.
Continuing Education
Joshua is in compliance with the continuing education requirements of the AICPA and Government Auditing Standards. Josh recently developed a training program for PPC staff and conducted training in courses such as Accounting and Auditing of GASB 54, Auditing Enterprise Revenue and Receivables, and Risk Assessment for Government Agencies. Recently attended courses include: Governmental Auditing and Accounting Update, Advanced Financial Report, and Advanced Governmental Accounting. 8 OSVALDO GUTIERREZ
Certified Public Accountant
California License # 122553
Present Position
Audit Manager
Education and Experience
Osvaldo began his accounting career after graduating with an accounting degree from California State University, Fresno, in 2008 and became a Certified Public Accountant in 2014.
Prior to joining Price Paige & Company as an audit manager, Osvaldo worked with a large local public accounting firm at varying levels of responsibility up to and including audit manager and also spent two years in the private industry.
Osvaldo’s extensive governmental accounting experience includes many years working directly with some of the largest municipalities in the Central Valley, including various counties, cities, special districts and transportation authorities. Osvaldo’s specific experience includes managing multiple team members in the conducting of the financial statements and federal single audits. Osvaldo has extensive knowledge of new and existing GASB pronouncements and prides himself on teaching and training clients as a part of the normal audit process. Osvaldo has performed audits and reviews for clients in a variety of industries, ensuring that all aspects of the engagement are completed from the planning process through the drafting, review and issuance of the financial statements.
Community and Affiliations
Osvaldo is a member of the American Institute of Certified Public Accountants, the Government Finance Officers Association (GFOA) and the California Society of Certified Public Accountants, where he served as the Fresno chapter President (2020/2021).
Continuing Education
Osvaldo is in compliance with the continuing education requirements of the AICPA and Government Auditing Standards and continues to take relevant courses to stay up to date on all relevant matters. He also serves as an instructor for in-house continuing education seminars. 9 ANTHONY GONZALES
Certified Public Accountant
California License # 1400083
Present Position
Audit Supervisor
Education and Experience
Anthony began his public accounting career as an intern with Price Paige & Company in January 2015 after graduating from California State University, Fresno, with a Bachelor of Science in Business Administration (Accountancy option). While working toward his degree, Anthony interned for a statewide not-for-profit organization, where he gained valuable experience working in the organization’s accounting & finance department. Anthony worked as a Staff Auditor for two years before promoting to Senior Auditor. He subsequently earned his Certified Public Accountant license in May of 2019 and now serves as a Supervisor within the audit department where he is the in-charge auditor for numerous governmental entities in California, including cities, counties, and special-purpose governments. He earned his Certified Public Accountant license in May of 2019 and currently serves as the in-charge auditor for numerous governmental entities (county, municipal and special districts) as well as not-for-profit and for-profit entities alike.
During his career, Anthony has obtained specialized knowledge through both classroom and on-the-job training, including single audit compliance in accordance with OMB Uniform Guidance 2 CFR Subpart 2, State Controller’s reports, preparing financial statements that comply with Yellow Book and required GASB standards, and data extraction and analysis techniques.
Community and Affiliations
Anthony is a member of the American Institute of Certified Public Accountants, Government Finance Officers Association and the California Society of CPAs. In addition, Anthony serves his profession by volunteering his expertise in accounting and auditing on the Qualifications Committee for the California Board of Accountancy (CBA).
Continuing Education
Anthony complies with the continuing education requirements of the AICPA and Government Auditing Standards. Recently attended courses include: Professional Conduct & Ethics: Dealing with Ethical Crises, Financial Statement Analysis Techniques, GAO Standards – Yellow Book – CLYELB, SEFAsCLSEFA: Schedule of Expenditures of Federal Awards and the Requirements Under the Uniform Guidance, and Yellow Book and Single Audit Deficiencies-CLSNGA, Auditor Considerations: The Coronavirus State and Local Fiscal Recovery Funds Program, Internal Control and Fraud in Governments and Nonprofits. In addition, Anthony has taught courses to fellow CPAs and accounting professionals on various topics such as governmental accounting, 2018 Yellow Book, and the Uniform Guidance. 10 KRISTIN TORRES
Certified Public Accountant
California License # 142761
Present Position
Audit Supervisor
Education and Experience
Kristin began her accounting career after receiving a Bachelor of Science in Business Administration with an option in Accountancy and graduating from California State University, Fresno. Kristin received her Certified Public Accountant license in February of 2020.
Kristin was hired in December 2014 and has provided invaluable assistance on numerous governmental, and not-for-profit audits (county and municipal), which includes single audit compliance and preparation of financial statements that comply with required GASB standards. Since joining our audit team, she has been the in-charge auditor for Fresno State Programs for Children (an Auxiliary Organization of CSU Fresno), County of Mono and the City of Mendota, along with other various audit projects for transportation agencies and other governmental audits.
Her background as in-charge auditor includes assessing and evaluating the risks of material misstatements unique to an entity’s activity and environment, developing audit procedures, providing guidance to the audit team to effectively and efficiently complete audits, and effectively communicating the audit results with management and those charged with governance in accordance with Generally Accepted Auditing Standards, OMB Uniform Guidance 2 CFR 200 Subpart F, and GAAP.
Community and Affiliations
Kristin is a member of the American Institute of Certified Public Accountants, California Society of CPAs, Treasurer of the Fresno Chapter of the California Society of CPAs and serves on the State-Wide California Society of CPAs Committee for Young and Emerging Professionals.
Continuing Education
Kristin is maintaining her continuing professional education requirements to meet current standards of the General Accounting Office of the United States of America. Continuing professional education courses and seminars recently attended include: Yellow Book & Single Audit Deficiencies, Accounting for Government Assets and Liabilities, SEFAs & CLSEFA, Internal Control and Fraud in Government and Nonprofits, GASB 87 Leases, and GASB 54 Requirements and Reporting. 11 RELEVANT PRIOR EXPERIENCE
___________________________________________________________________________________________________________________________________________ After evaluating our relevant experience, we are certain you will agree that Price Paige & Company is highly qualified to serve you. We have been successfully performing audit and attestation engagements since 1976.
We have since continued to build on our reputation as a well-respected firm in and around the San Joaquin Valley and throughout California, with the qualifications and experience necessary to provide unequaled performance. Following is a list of several of our clients for whom we have provided similar services and our primary contact for each:
Reference Name: City of Los Banos*
Contact: Brent Kuhn, CPA, Interim Finance Director
Address: 520 J Street, Los Banos, CA 93635
Phone: (209) 827-7000
Email: [email protected]
Service Provided: ACFR Audit (Single Audit/Uniform Guidance), Received Certificate of Achievement for Excellence in Financial Reporting for its ACFR for the Fiscal Year Ended June 30, 2020 from GFOA Dates: June 30, 2014 through Present
Staff Hours: 340
Engagement Partner: Fausto Hinojosa
Reference Name: City of Kingsburg*
Contact: Alma Colado, Finance Director
Address: 1401 Draper Street, Kingsburg, CA 93611
Phone: (559) 897-5821
Email: [email protected]
Service Provided: ACFR Audit (Single Audit/Uniform Guidance), Received Certificate of Achievement for Excellence in Financial Reporting for its ACFR for the Fiscal Year Ended June 30, 2020 from GFOA, State Controller’s Report Dates: June 30, 2012 through Present
Staff Hours: 470
Engagement Partner: Fausto Hinojosa
Reference Name: City of Ripon
Contact: Lisa Roos, City Clerk/Finance Director
Address: 259 N. Wilma Avenue, Ripon, CA 95366
Phone: (209) 599-2108
Email: [email protected]
Services Provided: Financial Statement Audit (Single Audit/Uniform Guidance), Pension Audit (GAAS), State Controller’s Report
Dates: June 30, 2016 through Present
Staff Hours: 230
Engagement Partner: Fausto Hinojosa
Reference Name: City of Chowchilla*
Contact: Rod Pruett, CPA, City Administrator
Address: 130 S. Second Street, Civic Center Plaza, Chowchilla, California 93610 Phone: (559) 665-8615
Email: [email protected]
Service Provided: Financial Statement Audit (Single Audit/Uniform Guidance), State Controller’s Report Dates: June 30, 2016 through Present
Staff Hours: 450
Engagement Partner: Fausto Hinojosa
Reference Name: City of Farmersville*
Contact: Steve Huntley, Finance Director
Address: 909 W. Visalia Road, Farmersville, California 93223 Phone: (559) 747-0458
Email: [email protected]
Service Provided: Financial Statement Audit (Single Audit/Uniform Guidance), State Controller’s Report Dates: June 30, 2017 through Present
Staff Hours: 300
Engagement Partner: Fausto Hinojosa
*Denotes that the client is in compliance with GASB 34. 12 SCOPE OF SERVICES
___________________________________________________________________________________________________________________________________________ As our experience indicates, we clearly understand the scope of services to be provided. You can be assured that we will design a service-specific approach to ensure compliance with all applicable standards and ensure that the City receives high-quality, efficient and effective service.
Standards/Publications to be Followed
The financial and compliance audits will be performed in accordance with the following auditing standards:
Generally Accepted Auditing Standards (AICPA)
Government Auditing Standards (U.S. Comptroller General) Provisions of the Single Audit Act Amendments of 1996 (Single Audit) OMB Uniform Guidance Title 2 U.S. Code of Federal Regulations Part 200 All other applicable federal, state and local laws and regulations Services to be Performed
The following services will be provided to the City for the years ending June 30, 2023, 2024 and 2025.
1. We will audit the City’s basic financial statements in accordance with Generally Accepted Auditing Standards (GAAS) in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.
2. We will express an opinion on the financial statements as to whether they present fairly, in all material respects, the financial position of the City and the changes in financial position in conformity with generally accepted accounting principles (GAAP), and issue an independent auditor’s report stating this opinion.
We will provide an “in-relation-to” opinion on the combining and individual fund and supporting schedules based on auditing procedures applied during the audit of the general-purpose financial statements and the combining and individual fund financial statements and schedules.
3. We will issue a Single Audit report on compliance with requirements that could have a direct and material effect on each major program and internal control over compliance in accordance with OMB Uniform Guidance 2 CFR Part 200, presented separately from the ACFR. We will also prepare the related Data Collection Forms for Reporting on Audits of States, Local Governments and Non-Profit Organizations (Form SF-SAC).
We will issue an “in-relation-to” report on the schedule of expenditures of federal awards based on the auditing procedures applied during the audit of the financial statements.
4. We will report on internal control over financial reporting and compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters, in accordance with Government Auditing Standards.
5. We will apply limited procedures related to the Required Supplementary Information (RSI), Management’s Discussion and Analysis (MD&A), budgetary comparison information, and the Supplementary Information.
6. We will prepare and present to the City Council/City Administrator and management a report that identifies control deficiencies, significant deficiencies and material weaknesses, if any, and your recommendations for improvements in accounting and administrative controls.
7. We will communicate immediately and in writing all irregularities and illegal acts, or indications of illegal acts, of which we become aware, to the City Council/City Administrator and the County of Calaveras Auditor-Controller.
8. We will discuss with the Finance Director and City Administrator preliminary findings and resulting management recommendations as they are discovered.
13 9. We will compile the supplemental schedules similar to those included for the subsequent three years ACFRs and include these in the draft ACFR presented to management for review.
10. We will include all funds of the City in the audit scope (General Funds, Special Revenue Funds, Capital Project Funds, Debt Service Funds, Enterprise Funds, Fiduciary Funds).
11. We will draft ACFR/Financial Statements in accordance with all regulatory standards and submit an electronic draft to the City annually, no later than November 15th, and for final approval prior to final issuance of statements with final ACFR, Single Audit Report and Management Report, all in electronic and bound copy form, annually no later than December 1st.
12. We will retain, at our firm’s expense, audit working papers for seven (7) years, unless the firm is notified in writing by the County of Calaveras Auditor-Controller of the need to extend the retention period. In addition, the firm shall respond to reasonable inquiries of the County of Calaveras AuditorController and successor auditors and allow the County of Calaveras Auditor-Controller and successor auditors to review working papers relating to matters of continuing accounting significance.
13. We will prepare a written letter of communication to the audit committee that will include the following:
1) auditor’s responsibility under generally accepted auditing standards, 2) significant accounting policies, 3) management judgments and accounting estimates, 4) significant audit adjustments, 5) disagreements with management, 6) management consultation with other accountants and 7) difficulties encountered in performing the audit.
14. We will prepare and submit the State Controller’s Office Financial Transactions Report. 14 AUDIT APPROACH
___________________________________________________________________________________________________________________________________________ We are confident that we will provide high-quality services based on our experience in working with municipalities and other governmental entities of similar size and scope to yours. Our high client satisfaction rate can be attributed to our effective communication and our efficient proprietary audit methodology.
Audit Procedures and Phases of the Engagement
Price Paige & Company provides value to our clients by creating a custom audit approach that is based on a client’s specific needs, risks and opportunities. Our audit approach under generally accepted audit standards is depicted in the graphic below.
Our professional responsibility is to obtain sufficient audit evidence before an opinion is rendered on any financial statement. To achieve this, we will conduct our work in the following phases:
Audit Planning and Risk Assessment (after July 18, 2023, and thereafter, annually) Year-End Fieldwork (after August 1, 2023 – October 31, 2023, and thereafter, annually) Reporting (issuance no later than December 1, 2023, and thereafter, annually) Closing Conferences and Formal Presentation (at regularly-scheduled City Council meeting) Details about each of these phases are listed on the on the following pages. 15 Audit Planning and Risk Assessment
No other phase of the process affects the success of an engagement more than the time spent on planning the general scope and direction of the audit, including assessing the risks of financial statement misstatements. We will schedule audit planning and interim fieldwork to be done prior to final fieldwork with your personnel.
We will hold a planning session with the key members of our engagement team and your personnel.
During our planning session with management, we will also address Statement on Auditing Standards (SAS) No. 99, “Consideration of Fraud in a Financial Statement Audit.” This auditing standard requires that we conduct certain meetings and interviews and perform and document certain procedures for identifying and responding to fraud risks.
As part of the audit planning and risk assessment phase of the audit, we will request a meeting with management to discuss our planned audit approach and any significant audit and accounting issues, as well as address any concerns.
As part of that process, we will conduct a pre-audit conference with appropriate management personnel to discuss the scope and timing of the audit.
The risk assessment audit standards require assessments based on an understanding of the internal controls over your financial reporting and our determination of the areas that present risks of material misstatement to your financial statements. We will then design our audit approach to include tests of the specific internal controls and substantive audit procedures that are tailored to the identified risks. Our risk assessment includes consideration of the factors depicted on the chart below. 16 Year-End Fieldwork
During the year-end phase of our audit, we will complete our audit work based on the audit programs designed specifically for the City. This will include the results of our risk assessment and interim testing results, and we will issue a report on the financial statements in a timely and efficient manner.
Reporting
This phase will include the following:
reviewing the financial statements and reconciling them to underlying audited records, evaluating the financial statements for compliance with GAAP requirements, formulating an opinion as to the fair presentation of the financial statements and preparing a management letter with recommendations and communication letter to management.
We will immediately submit to management a written report of all irregularities and illegal acts, or indications of illegal acts, of which we become aware.
Audit Focus
Based on our audit experience with similar governmental entities, the primary areas of the audit on which we will focus include:
Cash and investments
Receivables and revenue
Capital assets
Accounts payable and expenditures
Cost allocation
Pension and OPEB liabilities
Compliance with laws and regulations
Implementation of pronouncements of the Governmental Accounting Standards Board (GASB) Closing Conferences and Formal Presentation
We believe regular communication with management will be a critical part of the success of our audit engagement. Therefore, we will provide regular updates to management regarding the progress of the audit during meetings with key personnel.
Additionally, the engagement partner will meet with management to review any potential adjusting journal entries, drafts of the management comment letter, communication with those charged with governance (SAS 114) letters and a draft of the financial statements.
We will complete our work in sufficient time to meet the applicable deadlines. We will make a formal presentation of the audit results and reports to the City Council and management at one of the regularly scheduled meetings of the Council, and will remain available to respond to their questions. 17 COST PROPOSAL
___________________________________________________________________________________________________________________________________________ (Estimated) (Estimated)
Total $ Total $ Total $ Total $ Total $
Description of Services FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 ACFR 53,600 $ 53,600 $ 55,744 $ 55,744 $ 57,974 $
Single Audit 7,500 7,500 7,800 7,800 8,112
State Controller's Report 7,000 7,000 7,280 7,280 7,571 Out-of-Pocket Expenses 3,500 3,500 3,640 3,640 3,786
Total All-Inclusive Maximum Price 71,600 $ 71,600 $ 74,464 $ $ 77,443 74,464 $ Quoted
Hourly Rate
Staff Classification (2022-23) Hours Total
Partner 20 325 $ 6,500
Manager 40 285 11,400
Supervisor 80 220 17,600
Senior 100 175 17,500
Audit Staff 125 120 15,000
Support Staff 40 90 3,600
$ 71,600
Our proposed fees are based upon our current understanding of the work to be performed as outlined under the Scope of Services, and we give you a “Total All-Inclusive Maximum Price” for these services.
These fees are made with the following assumptions: 1) the City’s books will be properly closed and reconciled, 2) records will be complete and readily available at the start of the engagement and 3) representations made to us during this proposal process will remain effective throughout the engagement. Our fees are based on the assumption that the Single Audit will include no more than one major program, in accordance with the Uniform Guidance. If there is more than one major program, the fee is $6,000 per additional program.
In the event disclosures in the audit engagement indicate extraordinary circumstances that warrant more intensive and detailed services, we will provide to management in writing and in advance the reasons for the additional services together with the firm’s estimate of costs, and a statement that no work will be performed without advance approval by the Auditor. Any and all additional work as agreed in advance by the Auditor will be compensated for at the same rate quoted in this cost proposal. 18 PEER REVIEW REPORT
___________________________________________________________________________________________________________________________________________ 19 PEER REVIEW REPORT (Continued)
___________________________________________________________________________________________________________________________________________
CITY OF ANGELS
CITY COUNCIL
RESOLUTION No. 23-62
AWARD CONTRACT FOR AUDITING SERVICES TO PRICE PAIGE AND COMPANY CPA’S FOR FISCAL YEARS 2023 – 2025 AND AUTHORIZATION FOR THE CITY ADMINISTRATOR TO SIGN
ENGAGEMENT LETTER
WHEREAS, on June 1, 2023, the City released a Request for Proposal (RFP) on Public Purchase to consultants qualified to perform audit services for the City; and WHEREAS, by June 30, 2023, the City received three proposal; and WHEREAS, the firms were interviewed and the proposals were ranked and scored in accordance with the Request for Proposal (RFP)
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Angels, State of California as follows:
1. Awards the contract to Price Paige and Company CPA’s; and
2. Authorizes the City Administrator to execute the engagement for audit services for fiscal years 2023-2025.
PASSED AND ADOPTED this 1ST day of August 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Jennifer Herndon, 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: August 1, 2023
TO: City Council
FROM: Michelle Gonzalez, Finance Director
RE: ADOPTION OF RESOLUTION 23-61 ESTABLISHING THE FISCAL YEAR 2023-24 GANN
APPROPRIATIONS LIMIT FOR THE CITY OF ANGELS
RECOMMENDATION:
Adopt Resolution No. 23-61, authorizing the appropriations limit at $4,355,563 for the Fiscal Year 2023-
24. BACKGROUND:
In 1979, Proposition 4 was approved by voters, which required limits or ceilings on the appropriations of tax proceeds that can be made by government entities. As such, the State established Article XIII B of the State Constitution, which requires each government agency to establish an Appropriations Limit (sometimes referred to as the Gann Limit). Subsequently, procedures in the calculation of the Appropriations Limit and the appropriations subject to the limit have been modified by the approval of Propositions 98 and 111. Ultimately, the effect of the limit is to require government agencies to return tax revenues to taxpayers if actual appropriations, as adjusted by regulatory exclusions, exceed the calculated limit.
Each year the City Council is required to authorize the Gann Appropriations Limit for the upcoming fiscal year.
Limits are calculated as the previous year’s Appropriations Limit adjusted by factors for the change of personal income within the State and the greater of the change of population within the City or within the County.
DISCUSSION:
The Appropriations Limit approved for the fiscal year 2022-2023 was $4,180,011. The Per Capita Personal Income increased by 4.44% and the County’s population increased by 0.00%. This would establish the new limit for the fiscal year 2023-2024 as $4,355,563, calculated as follows:
$4,180,011 x (1.0420 x 1.0000) = $4,355,563
FINANCIAL IMPACT:
There is no financial impact related with this item since expected appropriations for the fiscal year will not exceed the recommended limit to be established by City Council.
ATTACHMENTS:
1. Resolution No. 23-61
2. Gann Limit Trends
CITY OF ANGELS
CITY COUNCIL
RESOLUTION No. 23-61
GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24
WHEREAS, the voters of California on November 6, 1979 added Article XIIB to the State Constitution placing various limitations on the appropriations of the State and Local Governments; and
WHEREAS, Article XIIB provides that the appropriations limit for the fiscal year is calculated by adjusting the base year appropriations of the fiscal year 1978-1979 for changes in the cost of living and population; and
WHEREAS, the City of Angels has complied with all the provisions of Article XIIB in determining the appropriations limits for the fiscal years.
NOW, THEREFORE, BE IT RESOLVED, that the Appropriations Limit for the City of Angels for the 2023-2024 fiscal year is $4,355,563, which reflects a 4.44% increase in Per Capita Personal Income and a 0.00% increase in population in the County over the prior year.
PASSED AND ADOPTED this 1ST day of August 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Jennifer Herndon, Mayor
_______________________
Rose Beristianos, City Clerk
HOME OF THE JUMPING FROG
Schedule of Gann Limit Revisions by Fiscal Year
Fiscal Year
Beginning
Gann
Limit
Tax Increase
Adjustment(2)
Prior Year
Gann Limit,
As Revised
Price Factor
PCPI
County
Population
Factor (1) CP
City
Population
Factor(1) CP
Factor
Increase
(Decrease)
New
Limit
Increase /
(Decrease)
2000-2001 $ 1,555,713 $ 1,555,713 4.9100 0.4400 2.4100 1.0744 $ 1,671,432 2001-2002 $ 1,671,432 $ 1,671,432 7.8200 0.4200 4.2400 1.1239 $ 1,878,549 $ 207,117 2002-2003 $ 1,878,549 $ 1,878,549 -1.2700 1.5300 4.3200 1.0300 $ 1,934,814 $ 56,265 2003-2004 $ 1,934,814 $ 1,934,814 2.3100 1.5400 1.7900 1.0414 $ 2,014,941 $ 80,127 2004-2005 $ 2,014,941 $ 2,014,941 3.2800 1.3500 1.9900 1.0534 $ 2,122,444 $ 107,503 2005-2006 $ 2,122,444 $ 2,122,444 5.2600 1.8200 1.2300 1.0718 $ 2,274,745 $ 152,301 2006-2007 $ 2,274,745 $ 2,274,745 3.9600 1.3800 0.4500 1.0539 $ 2,397,459 $ 122,714 2007-2008 $ 2,397,459 $ 2,397,459 4.4200 0.8900 0.5000 1.0535 $ 2,525,707 $ 128,248 2008-2009 $ 2,525,707 $ 2,525,707 4.2900 0.6100 0.5900 1.0493 $ 2,650,128 $ 124,421 2009-2010 $ 2,650,128 $ 2,650,128 0.6200 0.2100 0.0000 1.0083 $ 2,672,159 $ 22,031 2010-2011 $ 2,672,159 $ 2,672,159 -2.5400 -0.1900 -0.6700 0.9727 $ 2,599,338 $ (72,821) 2011-2012 $ 2,599,338 $ 2,599,338 2.5100 0.2100 0.0000 1.0273 $ 2,670,177 $ 70,839 2012-2013 $ 2,670,177 $ 2,670,177 3.7700 -0.5400 -1.0500 1.0321 $ 2,755,880 $ 85,703 2013-2014 $ 2,755,880 $ 2,755,880 5.1200 -0.6600 -0.8200 1.0443 $ 2,877,861 $ 121,981 2014-2015 $ 2,877,861 $ 2,877,861 -0.2300 -0.7100 -0.8000 0.9906 $ 2,850,856 $ (27,005) 2015-2016 $ 2,850,856 $ 2,850,856 3.8200 0.2600 0.2400 1.0409 $ 2,967,454 $ 116,598 2016-2017 $ 2,967,454 $ 2,967,454 5.3700 -0.1600 0.7200 1.0613 $ 3,149,319 $ 181,865 2017-2018 $ 3,149,319 $ 3,149,319 3.6900 -0.1700 -0.7200 1.0351 $ 3,259,977 $ 110,658 2018-2019 $ 3,259,977 $ 3,259,977 3.6700 -0.0400 0.3200 1.0400 $ 3,390,433 $ 130,456 2019-2020 $ 3,390,433 $ 3,390,433 3.8500 -0.1400 0.3700 1.0423 $ 3,533,992 $ 143,559 2020-2021 $ 3,533,992 $ 3,533,992 3.7300 -0.0700 0.6800 1.0444 $ 3,690,737 $ 156,745 2021-2022 $ 3,690,737 $ 3,690,737 5.0150 -0.0700 0.6800 1.0573 $ 3,902,183 $ 211,446 2022-2023 $ 3,902,183 $ 3,902,183 7.5500 -0.4000 -0.4900 1.0712 $ 4,180,011 $ 277,828 2023-2024 $ 4,180,011 $ 4,180,011 4.4400 -0.2300 -0.4800 1.0420 $ 4,355,563 $ 175,552 (1) The higher of the City population factor or the County-wide population factor would be used. Bolded factors represent the factor used in the revised calculations. (2) 2003/2004 TOT Adjustment (6% to 10%)
Not adjusted because measure did not include adequate language to consider the additional tax as valid increase to the Gann Limit.
Note 2019/2020 Sales Tax Adjustment
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: August 1, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION, DIRECTION, AND ADOPTION OF RESOLUTION 23-63 AMENDING THE
COUNCIL HANDBOOK
RECOMMENDATION:
Discuss amending the Council Handbook to change the Mayoral term from two years to one year, if acceptable, approve Resolution 23-63 Amending the City Council Handbook.
BACKGROUND:
The Council Handbook was approved, as amended, by Council via minute order on January 19, 2021. This version added a provision that would limit the term of the Mayor and Vice-Mayor to two-years. A twoyear term is not a common practice among City Councils or County Boards. The common practice is a oneyear term with an annual rotation among sitting Council Members.
As any Council Member’s term is four years, each Council Member would have the opportunity to be appointed Mayor or Vice-Mayor. With the two-year term, that would not be possible unless Council Members were successfully run multiple times.
Council Member Broglio requested this item for consideration at the July 18, 2023 meeting.
A. Mayor and Vice Mayor Functions
1. Mayor: The Mayor is to preside at all meetings of the Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. At Council meetings, the Mayor assists the Council in focusing on the agenda, discussions and deliberations. The Mayor does not possess any power of veto. As presiding officer of the Council, the Mayor is to faithfully communicate the will of the Council majority in matters of policy. The Mayor is also recognized as the official head of the City for all ceremonial purposes.
2. Vice Mayor: The Vice Mayor shall perform the duties of the Mayor during the Mayor’s absence or disability. The Vice Mayor shall serve in this capacity at the pleasure of the Council.
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
This would be the only change of the current policy
The Mayor and Vice Mayor are appointed for a one (1) year term.
DISCUSSION:
Should the majority of Council approve this change, the new term would be effective for the January appointment for both the Mayor and Vice-Mayor appointments. Additionally, this policy would be memorialized by Resolution to allow easier historical tracking of such actions.
FINANCIAL IMPACT:
None
ATTACHMENTS:
Resolution No. 23-63
Redline version of the Council Handbook
CITY OF ANGELS
CITY COUNCIL
RESOLUTION No. 23-63
A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO APPROVE AN AMMENDMENT TO
THE COUNCIL HANDBOOK
WHEREAS,; the Council Handbook was most recently amended January 19, 2021, and WHEREAS,; the Council Handbook is the guiding document for the City Council, Commissions, roles, and responsibilities, and
WHEREAS,; the City Council may from time to time amend the handbook due to legislative or operational needs, and
WHEREAS,; the Mayoral and Vice Mayoral term is being amended to one-year NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the amendment of the Council Handbook
PASSED AND ADOPTED this 1st day of August 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk
HOME OF THE JUMPING FROG
Table of Contents
PART I: ADMINISTRATIVE GUIDELINES
Chapter 1: Introduction & Overview
A. Purpose of Angels Procedures Manual.................................................................................................2 B. Overview of Basic Documents ..............................................................................................................2
1. Angels Municipal Code:.....................................................................................................................2
2. California Government Code: ...........................................................................................................2
3. Annual Budget:..................................................................................................................................2
4. General Plan:.....................................................................................................................................2
5. Emergency Operations Plan..............................................................................................................2 C. Orientation of New City Officials..........................................................................................................3 D. Basic Definitions....................................................................................................................................3 A. Council Functions..................................................................................................................................4 B. Mayor and Vice Mayor Functions.........................................................................................................4
1. Mayor................................................................................................................................................4
2. Vice Mayor........................................................................................................................................4 C. Appointment of City Administrator and City Attorney.........................................................................4
1. City Administrator.............................................................................................................................4
2. City Attorney .....................................................................................................................................4 D. Role in Emergency.................................................................................................................................4 E. Appointment of Advisory Boards..........................................................................................................5
1. Planning Commission........................................................................................................................5
2. Museum Commission........................................................................................................................5 A. Requests for Research or Information..................................................................................................6 B. Inappropriate Actions...........................................................................................................................6 A. Councilmember Compensation ............................................................................................................7 B. Expenditure Allowance .........................................................................................................................7 C. Expenditure Guidelines.........................................................................................................................7 A. Overview ...............................................................................................................................................8 B. Speaking “for the City”..........................................................................................................................8 C. Correspondence from Councilmembers...............................................................................................8 ii
D. Confidential Issues................................................................................................................................8 E. Local Ballot Measures...........................................................................................................................8 F. State Legislation, Propositions..............................................................................................................9 G. Proclamations.......................................................................................................................................9 A. Conflict of Interest ..............................................................................................................................10 B. Political Reform Act.............................................................................................................................10
1. Publicly identify the financial interest ............................................................................................11
2. Recuse yourself from both the discussion and the vote on the matter.........................................11
3. Leave the room until the matter has been completed...................................................................11 C. Government Code Section 1090.........................................................................................................11 D. Conflict of Interest Forms...................................................................................................................11 E. Ex Parte Communications...................................................................................................................11 F. Liability................................................................................................................................................12 G. AB 1234 Training.................................................................................................................................12 A. Overview .............................................................................................................................................13 B. Council-Manager Form of Government..............................................................................................13 C. Council-Manager Relationship............................................................................................................13
1. Employment relationship between the Council and City Administrator........................................13
2. Evaluation .......................................................................................................................................13
3. Open Communication.....................................................................................................................13
4. Staff Roles .......................................................................................................................................13 D. City Administrator Code of Ethics.......................................................................................................14 E. Council-City Attorney Relationship.....................................................................................................14
1. City Attorney ...................................................................................................................................14
2. City Attorney Legal Responsibilities................................................................................................14
3. City Attorney Representation .........................................................................................................14 F. City Administrator-City Attorney Relationship ...................................................................................14 G. Access to Information and Communications Flow .............................................................................14
1. Objectives........................................................................................................................................14
2. Council Roles...................................................................................................................................14
3. Access to Information .....................................................................................................................15 H. Dissemination of Information.............................................................................................................15 I. Staff Relationship with Advisory Bodies.............................................................................................15 iii
J. Restrictions on Political Involvement by Staff ....................................................................................16
1. Staff Members ................................................................................................................................16
2. Management Staff ..........................................................................................................................16
3. General Employees.........................................................................................................................16 K. General Conduct Expectations............................................................................................................16 A. Filling Council Vacancies.....................................................................................................................17 B. Conflicts of Interest While Leaving Office...........................................................................................17 C. Filling Vacancies for Boards, Commissions, or Advisory Groups ........................................................17 A. Policy...................................................................................................................................................19
1. Introduction ....................................................................................................................................19
2. Penalties and Applicability..............................................................................................................19 B. Meetings .............................................................................................................................................19
1. General............................................................................................................................................19
2. Serial Meetings ...............................................................................................................................19 C. Procedure............................................................................................................................................19 b. Affidavit of Posting..........................................................................................................................19 D. Actions ................................................................................................................................................20 E. Ex Parte Communication.....................................................................................................................20 A. Council Meetings ................................................................................................................................21
1. Regular Meetings............................................................................................................................21
2. Special Meetings & Emergency Meetings.......................................................................................21
3. Adjourned Meetings.......................................................................................................................21
4. Closed Session.................................................................................................................................21
5. Cancellation of Regular Meetings...................................................................................................21
6. Quorum...........................................................................................................................................21
7. Chair................................................................................................................................................21
8. Attendance by the Public................................................................................................................22
9. Action Minutes................................................................................................................................22
10. Recordings of Meetings. .............................................................................................................22 B. Policy Decision Making Process..........................................................................................................22
1. Ad-Hoc Committees. Ad-Hoc Committees are formed on an as needed basis with a clearly defined purpose and term. Ad-Hoc Committees will consist of two (2) Councilmembers appointed by the Mayor................................................................................................................................................22 iv
2. Study Session. Study session items are placed on agendas for the purpose of open discussion.
During study sessions, Councilmembers may hear reports from staff or others, ask questions, or invite public input. ............................................................................................................................................22 A. General Order .....................................................................................................................................23
0. CLOSED SESSION (IF NECESSARY)....................................................................................................23
1. CALL TO ORDER...............................................................................................................................23
2. PLEDGE OF ALLEGIANCE..................................................................................................................23
3. ROLL CALL........................................................................................................................................23
4. CONFLICT OF INTEREST...................................................................................................................23
5. APPROVAL OF AGENDA...................................................................................................................24 A motion should be made to approve the agenda for the current meeting. Should a Councilmember wish to remove an item from the consent calendar for separate discussion, any Councilmember may do so during the approval of the agenda or during the approval of the consent calendar. ..................24
7. PUBLIC COMMENT (NON AGENDA ITEMS).....................................................................................24
8. ITEMS FROM THE CITY COUNCIL.....................................................................................................24
9. CONSENT CALENDAR. .....................................................................................................................24 All matters listed under the Consent Calendar are considered by the Council to be routine and will be acted upon in a single motion. Separate discussions of these items may be requested by a Councilmember or staff member prior to the time the Council considers the motion to adopt. A member of the public may not pull an item from the consent calendar. ..............................................24
10. PUBLIC HEARINGS. The guidelines for conducting public hearings are discussed below at subsection B of this Chapter.........................................................................................................................24
11. UNFINISHED BUSINESS................................................................................................................24
12. NEW BUSINESS............................................................................................................................24
13. OTHER AGENCY BUSINESS ..........................................................................................................24
14. ITEMS FROM THE CITY TREASURER ............................................................................................24
15. ITEMS FROM THE CITY ATTORNEY..............................................................................................24
16. ITEMS FROM THE CITY ADMINISTRATOR....................................................................................24
17. INFORMATIONAL ITEMS. Upcoming Meetings (30-day calendar).............................................24
18. ADJOURNMENT TO NEXT REGULAR MEETING OF (Date)...........................................................24 B. Action on Agenda Items......................................................................................................................24 In accordance with the Ralph M. Brown Act, the Council may not take action on any item that did not appear on the posted Council agenda seventy-two (72) hours prior to the Council meeting unless an exception is made as permitted by the Government Code........................................................................24 C. Items Placed on Written Agenda ........................................................................................................25 v
Items of business shall be placed upon the written agenda prior to the deadline announced or observed for the preparation thereof, at the request of the City Administrator or the City Attorney. ....................25 Any member of the City Council may place an item on a future agenda by making a formal request to the City Administrator at a meeting of the City Council. The City Administrator will place City Council items on a future City Council agenda when reasonable based on the staff time and research necessary to prepare the item for City Council consideration. .......................................................................................25 D. Items from the City Council, City Treasurer, City Administrator, or City Attorney.............................25 These sections of the agenda provide the opportunity for brief comment on City business, City operations, City projects, and other items of general interest. .................................................................25 E. Public Hearings:...................................................................................................................................25
1. General Procedure. Certain actions of the Council require a public hearing, wherein the community receives an opportunity to provide testimony in front of the Council to adopt a resolution, introduce an ordinance, or approve a document. Zoning ordinances always require a public hearing.
Check with the City Attorney if in doubt as to whether a public hearing is required. The Council procedure for the conduct of public hearings is generally as follows:...................................................25
2. Time for Consideration. Matters noticed to be heard by the Council will commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible and will continue until the matter has been completed, or until other disposition of the matter has been made...........26
3. Continuance of Hearing. Any hearing being held, noticed, or ordered to be held by the Council at any meeting of the Council may, by order, notice, or continuance, be continued or re-continued to any subsequent hearing..........................................................................................................................26
4. Communications and Petitions. Written communications and petitions concerning the subject matter of the hearing will be noted and summarized by the Mayor/Presiding Officer. A reading in full shall take place where a majority of the Council votes to have that correspondence read into the record......................................................................................................................................................26
5. Ex-Parte Contacts. Should a Councilmember and one (1) or more members of the public make contact outside of the hearing process regarding a matter which is, or may be, before the Council for a quasi-judicial hearing, as soon as the Council is informed that the matter will come before it as a quasi-judicial hearing, that Councilmember must disclose the substance of the contact and the names of the parties on the record at the beginning of the Council's quasi-judicial hearing. Visits by Councilmembers to sites or properties that are the subject of such pending hearings, shall also be disclosed at the beginning of the Council's quasi-judicial hearing. ........................................................26
6. Resolutions. A resolution is generally adopted by the Council to deal with temporary or special matters, such as when the Council makes only a factual determination or certification that certain necessary conditions or requirements set by statute or ordinance have been met. Resolutions can also express opinions of the legislative body or set temporary standards (i.e. amount of permit processing fees that may be changed again by future resolutions). Resolutions are recorded and kept on file with the City Clerk. A resolution is less formal than an ordinance because it does not become part of the municipal code......................................................................................................................27 vi
7. Ordinances. An ordinance is a law that the Council adopts and in most cases is codified into formal law by means of the published municipal code. An ordinance is the most binding and permanent type of Council action and usually may only be repealed or amended by a subsequent ordinance. Ordinances must be publically read aloud at two (2) Council meetings: introduced at one (1) meeting and adopted at the subsequent meeting (most often at the next meeting). Ordinances may not be passed within five (5) days of introduction unless they are urgency ordinances. A public hearing notice must be published at least ten (10) days prior to the first reading of the ordinance. ...27
8. Urgency Ordinances. An urgency ordinance is a special type of ordinance that is only brought once before the Council for a vote. It does not go on the Consent Calendar and usually cannot be codified into the municipal code. ...........................................................................................................27
9. Voting & Publishing Requirements for Resolutions and Ordinances. ............................................27 A. General Procedures ............................................................................................................................29 B. Authority of the Mayor/Presiding Officer...........................................................................................29 C. Mayor to Facilitate Council Meetings.................................................................................................29 D. Council Deliberation & Order of Speakers..........................................................................................29 E. Limit Deliberation to Item at Hand .....................................................................................................29 F. Length of Council Comments..............................................................................................................29
1. Procedure for Motions....................................................................................................................29
2. Precedence of Motions...................................................................................................................30
3. Motions Introducing Ordinances....................................................................................................31 J. Voting Procedures...............................................................................................................................31
1. Abstention:......................................................................................................................................31
2. Tie Votes .........................................................................................................................................31
3. Motion for Reconsideration............................................................................................................31 K. Non-Observance of Guidelines...........................................................................................................31 L. Non-Exclusive Guidelines....................................................................................................................31 A. Oral Presentations by Members of the Public....................................................................................32 B. Public Comment..................................................................................................................................32
1. Timing..............................................................................................................................................32
2. Speaker Cards ................................................................................ Error! Bookmark not defined.32
3. City Matters ....................................................................................................................................32 C. Agenda Item Oral Presentation ..........................................................................................................32
1. Presentations Submitted in Writing................................................................................................32
2. Timing. Comments by the public on City business matters appearing on the agenda may do so once the ..................................................................................................................................................32 vii
3. Assigning Time. Persons wishing to assign their time for oral presentations to other individuals may do so only with authorization of the Mayor/Presiding Officer or a majority of the Council..........32
4. Reading Written Comments ...........................................................................................................32 D. Comments in Writing Encouraged..................................................................................................3233
1. Comment Cards ..............................................................................................................................33
2. Repetitious Comments Prohibited..................................................................................................33 E. Speaker Time Limits for An Agenda Item............................................................................................33 F. Waiver of Guidelines...........................................................................................................................33 G. Decorum..............................................................................................................................................33 A. Applicability of Rules...........................................................................................................................37 B. Planning...............................................................................................................................................37
1. Meetings .........................................................................................................................................37
2. Order of Business............................................................................................................................38
3. Administrative Rules.......................................................................................................................39 Appendix A..................................................................................................................................................41 ICMA Code of EthicsICMA Code of Ethics...................................................................................................42 Appendix C ..................................................................................................................................................44 Referenced Code Citations .........................................................................................................................44 1 PART I: ADMINISTRATIVE GUIDELINES
2 Chapter 1: Council—Introduction and Overview
A. Purpose of Angels Procedures Manual
The City of Angels (the “City”) has prepared this City Officials’ Handbook (the “Handbook”) to assist Councilmembers and other City Officials (collectively, “City Officials”) by documenting accepted practices and clarifying expectations. This Handbook should serve as a reference on adopted practices and procedures pertaining to Angels City Council (“Council”) meetings, meetings of Boards, Commissions, or Advisory Groups, provide an overview of City operations, Council powers and responsibilities, expected behavior and decorum from Councilmembers and other elected or appointed officials, and related matters.
The Handbook supersedes any other handbooks which govern the Council, Boards, Commissions, or Advisory Groups.
B. Overview of Basic Documents
This Handbook is a summary of important aspects of City Officials’ activities. However, it cannot incorporate all materials and information necessary for understanding the business of City Officials. Many other laws, plans and documents exist which bind the City Officials to certain courses of action and practices. A summary of some of the most notable documents which establish City Official direction is provided below.
1. Angels Municipal Code: The Angels Municipal Code (“A.M.C.”) contains local laws and regulations adopted by ordinances. Title 2 Administration and Personnel, of the A.M.C. addresses the role and relationship of the Council, Mayor and Vice Mayor. It also describes the organization of Council, Board, Commissions, and Advisory Group meetings, and responsibilities and appointment of certain City staff positions and advisory commissions. In addition to these administrative matters, the A.M.C. contains a variety of laws including, but not limited to, zoning standards, traffic and speed regulations, and local tax standards.
2. California Government Code: The state Government Code contains many requirements for the operation of city government and administration of public meetings throughout the state. Many of these requirements, such as open meeting laws, are also replicated within the A.M.C. to ensure there is broad awareness of such requirements. The City is a “general law” city which means it is organized in accordance with provisions of the Government Code and it is bound by the state’s general law.
Also described within the Government Code is the council-City Administrator form of government which is the form of government utilized in the City. This form of government prescribes that the Council’s role is to establish policies and priorities, while the role of the City Administrator is to administer the affairs of the city government.
3. Annual Budget: The City’s annual budget provides a description of City services and the resources used to provide services. The document contains a broad overview of the budget as well as descriptions of programs offered within each division of the organization.
4. General Plan: Often referred to as a City’s development constitution, a state mandated general plan addresses adopted future land development plans and policies.
5. Emergency Operations Plan: The City maintains an emergency plan entitled “Emergency Operations Plan” dated August 21, 2021 which describes actions to be taken in periods of extreme emergency. The Emergency Operations Plan may be updated from time-to-time. The Council may be called upon during an emergency to establish policies related to the specific incident. 3 C. Orientation of New City Officials
It is important that new and incoming City Officials gain an understanding of the full range of services and programs provided by the City. As Councilmembers join the Council or other City Officials join their respective Commission or Board, department heads are instructed to provide invitations for members to tour facilities and meet with key staff. At any time, if there are facilities or programs about which Councilmembers would like more information, arrangements will be made to increase awareness of these operations.
D. Basic Definitions
1. Chair is the individual authorized by law, the A.M.C. or City policy to oversee, direct and preside over the public meeting of the City Council, Planning Commission or any other City board or commission.
2. City Council is the governing body of the City of Angels, comprised of four (4) Councilmembers and one (1) Mayor.
3. City Official is any elected or appointed member of the Angels City Council or Angels Planning Commission or any other City board or commission established by ordinance or City Council policy. 4 Chapter 2: Council—General Powers and Responsibilities A. Council Functions
The Council is the legislative body of the City; its members are the community’s decision makers. Power is centralized in the elected Council collectively, and not in individual members of the Council. The Council approves the budget and determines the public services to be provided and the taxes, fees and assessments to pay for these public services. It focuses on the community’s goals, major projects and such long-term considerations as community growth, general plan and land use, development standards, capital improvements, financing and strategic planning. The Council appoints a professional City Administratorto carry out the administrative responsibilities and supervises the City Administrator’s performance.
B. Mayor and Vice Mayor Functions
1. Mayor: The Mayor is to preside at all meetings of the Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. At Council meetings, the Mayor assists the Council in focusing on the agenda, discussions and deliberations. The Mayor does not possess any power of veto. As presiding officer of the Council, the Mayor is to faithfully communicate the will of the Council majority in matters of policy. The Mayor is also recognized as the official head of the City for all ceremonial purposes.
2. Vice Mayor: The Vice Mayor shall perform the duties of the Mayor during the Mayor’s absence or disability. The Vice Mayor shall serve in this capacity at the pleasure of the Council.
The Mayor and Vice Mayor are appointed for a two one (12) year term.
C. Appointment of City Administrator and City Attorney
The Council appoints two (2) positions within the City organization: City Administrator and City Attorney. Both positions serve at the will of the Council.
1. City Administrator: Is an employee of the City and has an employment agreement which specifies terms of employment including an annual evaluation by the Council. City Administrator shall be the administrative head of the City government under the direction of the City Council, except as otherwise provided in the A.M.C. He or she shall be responsible for the efficient administration of all the affairs of the City which are under the City Administrator’s control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be the City Administrator’s duty and the City Administrator shall have the powers listed in the A.M.C. i
2. City Attorney: City Attorney services will be provided by contract. The City Attorney attends all Council Meetings as well as other meetings at the request of the Council as deemed necessary. The City Attorney is appointed and serves at the pleasure of the Council.
D. Role in Emergency
Chapter 2.12 of the Angeles Municipal Code governs the preparation, planning and protection of persons and property in the City in the event of an emergency or disaster. The City also has an Emergency Operations Plan that assists in governing emergency response.
Per AMC Section 2.12.030, the City’s “Emergency Council” (aka Civil Defense and Disaster Council) consists of the following:
• The Mayor, who shall be chairman;
• The City Administrator as Director of Emergency Services, who shall be vice-chair; 5 • The Assistant Director of Emergency Services, appointed by the mayor with the advice and consent of the City Council who, under the supervision of the Director, shall develop emergency response and disaster plans of the City, and other duties as assigned by the Director; • Such deputy directors and chiefs of emergency services as are provided for in the City’s Emergency Operations Plan; and
• Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility as may be appointed by the mayor with the advice and consent of the City Council.ii
The Emergency Council shall be responsible for the development of the City emergency plan, which shall provide for the effective mobilization of the City’s resources, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency, and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.iii The Council shall meet upon call of the Chairman, or in the Chair’s absence, upon the call of the Vice Chairman [AMC 12.12.040(B)].
In the event of a local emergency or state emergency, the office of the Director of Emergency Services shall be created who shall appoint the Assistant Director of Emergency Services.iv The Director of Emergency Services’ power and responsibilities are outlined in the A.M.C. Section 2.12.050 and 2.12.060v Should the Council be unavailable during an emergency, state or federal law, as applicable, specifies a hierarchy of others who may serve in place of the Council E. Appointment of Advisory Board and Planning Commissioners The City currently has two (2) commissions: Planning Commission, and the Museum Commission. In addition, special purpose citizens’ committees and task forces are often appointed by the Council to address issues of interest within City limits. The following procedures reflect the policy of the Council regarding the appointment of volunteer citizens to the various advisory bodies and commissions of the City.
Termvi: All appointees to any other board, commissions, or committee not described below shall be limited to serving two (2) years. If a board, commission, or committee member is appointed to a partial term that partial term is not counted towards the maximum terms that can be served as designated below.
1. Planning Commissionvii:
Qualifications: Must be a resident of the City.
Term: As prescribed in the Angels Municipal Code Section 17.85.030 (3-year terms) Appointment: Per Angels Municipal Code Section 17.85.030 (appointed by City Council)
2. Museum Commissionviii:
Qualifications: Must be a Resident of the City with the exception of two (2) Members can nonresidents living within Calaveras County Term: Three (3) years. Terms expire on the last day of June.
Appointment: Made by Mayor with consent of Council.
6 Chapter 3: Council Administrative Support
A. Requests for Research or Information
Councilmembers requests information or research should be directed to the City Administrator. Requests for new information or policy direction will be brought to the full Council for consideration at a regular meeting.
All written products will be copied to the full Council.
B. Inappropriate Actions
The Council has delegated the City Administrator the responsibility to discuss, on behalf of the full Council, any perceived or inappropriate action by a Councilmember. The City Administrator will discuss with the Councilmember the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Administrator will report the concern to the full Council.
7 Chapter 4: City Finances
A. Councilmember Compensation
State law and the City municipal code provide for modest compensation to members of the Council.ix Currently, members receive a salary of $300 per month.
Councilmembers may waive their monthly salaries as provided by state law; however, they may not elect to assign their salary to any person or entity including a charitable organization. x
B. Expenditure Allowance
The annual City budget may include an expenditure allowance for expenses necessary for members to undertake official City business. Eligible expenses include travel expenses, including meals for Councilmembers, and mileage reimbursement, which are made for City business.xi Donations to organizations are not eligible nor are meals for individuals other than Councilmembers.
C. Expenditure Guidelines
Any expense must be related to City affairs. Public property and funds may not be used for any private or personal purpose. For example, reimbursement is not allowed to pay for meals at a meeting to discuss political or campaign strategies. It is also inappropriate for City funds to pay for a meal or other expenses of a private citizen or spouse attending a meeting.
City budgetary practices and accounting controls apply to expenditures within the Council budget.
Councilmembers should plan expenditures, which will allow them to remain within the annual allocation. When exceptional circumstances require that additional amounts be allocated, the request must be made to the City Administrator, and Council action may be necessary. Reimbursement requests should be made through the City Administrator’s office with receipts.
8 Chapter 5: Council Communications
A. Overview
Perhaps the most fundamental role of a Councilmember is communication; communication with the public to assess community options and needs and communication with staff to provide policy directions and to gain an understanding of various policy alternatives. Because the Council performs as a body (that is acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking “for” the Council. Equally important, when members are expressing personal views and not those of the Council, the public should be so advised.
B. Speaking “for the City”
When Councilmembers are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole. Of course, a Councilmember may clarify their vote on a matter by stating “While I voted against X, the Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the Council’s position rather than that of an individual member.
C. Correspondence from Councilmembers
1. Members of the Council will often be called upon to write letters to citizens, businesses or other public agencies. Typically, the Mayor will be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the Council. Individual members of Council will often prepare letters for constituents in response to inquiries or to provide requested information.
2. The following is the policy of the Angels Council relative to official and non-official correspondence by members of the Council.
a. Councilmembers shall not write or send letters on City stationary without Council approval. b. The Mayor is authorized to send thank you and acknowledgement letters as they directly pertain to the City in its usual course of business. Such correspondence shall not represent or include City endorsements, positions, etc. In addition, the Mayor may sign correspondence drafted by the City Administrator which the City Administrator believes is more appropriately signed by the City’s chief elected official. Such correspondence may include public notices, invitations, information, etc. All correspondence signed by the Mayor shall have a copy forwarded to each Councilmember. c. Councilmembers may endorse political candidates, initiatives, legislation or positions using their own stationary. They may identify themselves by City position and title, but in no case shall said endorsements infer that the City or Council supports said position or candidate. Members are encouraged to notify or send copies of said endorsement to the full Council. d. The Council policy is that it will not support individual political candidates, but may vote to support or take stands on initiatives, measures (i.e. school bonds) or other legislation as appropriate and permissible under state law. The Mayor shall be authorized to sign letters stating the Council’s position.
D. Confidential Issues
Confidential issues, including anything which has been discussed in a closed session, shall not be disclosed to any member of the public, including the press.
E. Local Ballot Measures
At times ballot measures may be placed on the ballot that affect Council policy. There are restrictions regarding what actions Council or individual members may take on ballot measures under California Law. 9 F. State Legislation, Propositions
The Council is frequently requested to take action on pending state legislation. The Council has adopted a practice of requiring analysis of bills prior to taking any official position. The analysis is to include a summary of the legislation’s purpose and a listing of those entities both in support and against the proposed legislation.
G. Proclamations
Ceremonial proclamations are often requested of the City in recognition of an event or individual.
Proclamations are not statements of policy but a manner in which the City can make special recognition of an event (e.g. Recycling Week). As part of his or her ceremonial responsibilities, the Mayor is charged with administration of Proclamations. Individual Councilmembers do not issue proclamations, but may request that the Mayor issue a proclamation.
10 Chapter 6: City Officials—Conflicts & Liability
A. Conflict of Interest
State laws are in place that attempt to eliminate any action by a City Official that may reflect a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest.
Newly elected officials are required to file a Statement of Economic Interest (Form 700) within thirty (30) days of being sworn into office. Thereafter, elected officials are required to file an annual Form 700. The City Clerk’s Department will notify you of your filing requirements. Written permission must be obtained before posting elected officials’ home addresses or telephone numbers on the Internet.
At any time if a City Official believes that a potential for conflict of interest exists, he or she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a City Official’s potential conflict. Laws which regulate conflicts are very complicated.
Violations may result in significant penalties or fines, including criminal prosecution.
While not inclusive, a general summary of conflict rules has been prepared and appears below.
There are several laws that govern conflicts of interest for public officials in California – the Political Reform Act, Government Code section 1090, and Government Code section 87105 (http://leginfo.legislature.ca.gov/faces/codes.xhtml). In general terms, the Political Reform Act prohibits a public official from having a financial interest in a decision before the official. Section 1090 prohibits a public official from being interested in government contracts; and section 87105 requires a public official who has a conflict of interest to publicly announce the conflict, recuse himself or herself and leave the room until after the discussion and voting on the matter is complete.
B. Political Reform Act
The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a disqualifying conflict of interest. Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City. During that discussion, the official must leave the Council Chambers or where the discussion is taking place.
An official has a financial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from the effect on the public generally” on one or more of the economic interests of the official or a member of the official’s immediate family.
As of 2015, economic interests include interests in businesses worth $2,000 or more, interests in real property, both ownership and leases, worth $2,000 or more, a source of income in an amount of $500 or more, and gifts of $460 or more provided to or received within one (1) year of the decision. These dollar amounts are subject to annual increases. Please check with the City Attorney to verify the current dollar amounts.
Often the economic interest involved is real property owned or leased by the City Official. In these cases, a public official is presumed to have a conflict of interest if he or she has a direct or indirect interest worth two thousand dollars ($2,000) or more in fair market value.xii If a Councilmember has a pro rata share interest in real property, in which the Councilmember or immediately family member owns, and has a ten percent (10%) or greater interest in the property, then that is also a conflict of interest.xiii Determining whether a Councilmember has a disqualifying conflict of interest is very complicated and fact specific. Please contact the City Attorney if you suspect that you may have a conflict of interest so that a formal four-step analysis of the potential conflict can be provided. 11 Government Code section 87105 states that a Council or commission member who has a conflict of interest must recuse himself or herself and leave the room, unless the matter is on the Consent Calendar.xiv After it has been determined that a conflict of interest exists under the Political Reform Act, the following steps must take place:
1. Publicly identify the financial interest. This must be done in enough detail for the public to understand the economic interest that creates the conflict of interest. Residential street addresses do not have to be disclosed.
2. Recuse yourself from both the discussion and the vote on the matter. Recusal applies to all proceedings related to the matter.
3. Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote, or any other action.xv
Exceptions: if the matter is on the consent calendar, recusal is not required. Additionally, if the individual with the conflict wants to speak during public comment, he or she may do so as a private citizen. However, this is the only time he or she may be in the room while the matter is being considered.
The Fair Political Practices Commission (“FPPC”) has published lengthy regulations and opinions on conflicts of interest that are useful in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest. The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest.
C. Government Code Section 1090
Government Code section 1090 is similar to the Political Reform Act, but it applies only to City contracts in which a public official has a financial interest. The financial interests covered by section 1090 are different than those in the Political Reform Act. Having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating section 1090 are severe. If a City Official believes that he or she may have any financial interest in a contract that will be before the Council, the member should immediately seek advice from the City Attorney or the City Official’s personal attorney.
There are a number of other restrictions placed on Council actions which are highlighted in the League of California Cities Handbook. Such restrictions include prohibitions on secrecy and discrimination, as well as assurance that all City funds are spent for public purposes. Violations of these restrictions may result in a personal liability for individual City Officials.
D. Conflict of Interest Forms
Annual disclosure statements are required of all Councilmembers, designated commissioners, and senior staff.
These disclosure statements indicate potential conflicts of interest including sources of income, ownership of property and receipt of loans and gifts. Councilmembers often serve on the governing board of other local agencies as a result of appointment or delegation through the Council. These agencies will also require submittal of disclosure forms. These forms require information including income, loans, receipt of gifts, and interest in real property among other items.
E. Ex Parte Communications
All Councilmembers may have “ex parte” communications – meaning communications outside the meeting forum. However, such communication should not be encouraged, made, or accepted when such communication is designed to influence the official decision or conduct of the official or other officials in order to obtain a more favored treatment or special consideration to advance the personal or private interests of himself or herself or others. This guarantees that all interested parties to any matter shall have equal opportunity to express and represent their interests. The applicable California law, the Brown Act, is discussed 12 in Chapter 10 of this Handbook and provides more detail as to Councilmembers’ obligations under California state law.
F. Liability
The City is a large institution offering a variety of services and may often find itself subject to legal actions through lawsuits. The City must always approach its responsibilities in a manner which reduces risk to all involved. However, with such a wide variety of high profile services (e.g. police, fire) risk cannot be eliminated.
The City belongs to an agency with other cities in the San Joaquin Valley to manage insurance and risk activities.
When claims are filed against the City they are sent to the City’s claims examiner to review and make recommendations. Unless there is a clear liability on the part of the City, the claim will normally be recommended for denial. The Claim is placed on the Council agenda for rejection but will only be discussed in closed session if Council desires. Council should be careful discussing details of a claim or lawsuit outside of closed session.
It is important to note that violations of certain laws and regulations by individual City Officials may result in that official being personally liable for damages which would not be covered by the City’s insurance. Examples may include discrimination, harassment, or fraud.
G. AB 1234 Training
State law requires the City to advise local officials, subject to California’s ethics education requirements about their compliance options at least once a year.xvi The City will ensure that all local officials will be provided the AB 1234 Ethics Training.
13 Chapter 7: City Officials—Interaction with Staff and Officials A. Overview
Council policy is implemented through professional staff. Therefore, it is critical that the relationship between the Council and staff be well understood by all parties so policies and programs may be implemented successfully. The City of Angels has a long tradition of positive relationships between members of the Council and staff. To maintain these effective relationships it is important that roles are clearly recognized.
B. Council-Manager Form of Government
Angels governs under a Council-City Manager form of government. This structure reflects that it is the Council’s role to establish City policy and priorities. The Council appoints a City Administrator to implement this policy and undertake the administration of the organization. The Council is to work through the City Administrator in dealing with City staff. Indeed, the A.M.C. requires Councilmembers to work through the City Administrator.
The City Administrator is appointed by the Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the Council. The City Administrator is responsible to the Council rather than to individual Councilmembers and directs and coordinates the various departments.
C. Council-Manager Relationship
1. Employment relationship between the Council and City Administrator: This relationship honors the fact that the City Administrator is the chief executive officer of the City. The Council should avoid situations that can result in City staff being directed, intentionally or unintentionally, by one or more members of the Council. Regular communication between the Council and City Administrator is important in maintaining open communications. All dealings with the City Administrator, whether in public or private, should respect the authority of the City Administrator in administrative matters.
Disagreements should be expressed in policy terms rather than in terms that question satisfaction with or support of the City Administrator.
2. Evaluation: The Council is to evaluate the City Administrator on an annual basis and pursuant to the terms of the City Administrator’s contract with the City.
3. Open Communication: As in any professional relationship, it is important that the City Administrator keep the Council informed. The City Administrator respects and is sensitive to the political responsibility of the Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the Council. The City Administrator encourages regular one on one meetings with Councilmembers to provide information on various issues before the Council.
4. Staff Roles: The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council and in keeping the Council informed. Staff is obligated to take guidance and direction only from the Council as a whole through the City Administrator or from the appropriate management supervisors. The Council is discouraged from instructing staff directly but should instead submit any requests to the City Administrator or City Attorney. Further, any comments or concerns from the Council should be communicated to the City Administrator or City Attorney. Staff is directed to reject any attempts by individual members of the Council to unduly direct or otherwise pressure them into making, changing or otherwise influencing recommendations.
City staff will make every effort to respond in a timely and professional manner to all requests made by individual Councilmembers for information or assistance, provided that, in the judgment of the City Administrator, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full Council. 14 D. City Administrator Code of Ethics
City Administrator is subject to a professional code of ethics from his or her professional association. These standards appear in Appendix A of this Handbook, the ICMA Code of Ethics. It should be noted that this code binds the City Administrator to certain practices which are designed to ensure actions are in support of the City’s best interests. Violations of such standards can result in censure by the professional association. This code is posted in the City Administrator’s office.
E. Council-City Attorney Relationship
1. City Attorney: The City Attorney is the legal advisor for the Council, City Administrator, and department heads.
2. City Attorney Legal Responsibilities. The general legal responsibilities of the City Attorney are to:
a. Provide legal assistance necessary for formulation and implementation of legislative policies and projects;
b. Represent the City’s interest, as determined by the Council, in litigation, administrative hearings, negotiations and similar proceedings;
c. Prepare ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared; and d. To keep Council and staff apprised of court rulings and legislation affecting the legal interest of the City
3. City Attorney Representation: It is important to note that the City Attorney does not represent individual Councilmembers, but the Council as a whole.
F. City Administrator-City Attorney Relationship
The City Attorney provides legal support and advice to the City Administrator to assist him or her in implementing Council policies and exercising his or her authority as the chief executive officer of the City. The City Attorney also keeps the City Administrator apprised of current relevant court rulings and legislation. It is important to note that the City Attorney represents the Council and the City as a whole, not the City Administrator, Councilmembers, or individual residents of the City. The City Attorney may share confidential information obtained from the City Administrator with the Council if necessary to protect the best interests of the City, and vice versa.
G. Access to Information and Communications Flow
1. Objectives: It is the responsibility of staff to ensure Councilmembers have access to information from the City and to insure such information is communicated completely and with candor to those making the request. However, Councilmembers must avoid intrusion into those areas that are the responsibility of the staff. Individual Councilmembers may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the Council as a whole. This is necessary to protect staff from undue influence and pressure from individual Councilmembers, and to allow staff to execute priorities given by management and the Council as a whole without fear of reprisal.
2. Council Roles: The full Council retains power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the performance of City business.
15 Individual members of the Council should not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy.
Councilmembers also have a responsibility of information flow. It is critical that they make extensive use of staff and commission reports and commission minutes. Councilmembers should come to meetings prepared—having read the council agenda packet materials and supporting documents, as well as any additional information or memoranda provided on city projects or evolving issues.
Additional information may be requested from staff, if necessary.
3. Access to Information: Individual Councilmembers, as well as the Council as a whole, are permitted complete freedom of access to any information requested of staff and shall receive the full cooperation and candor of staff in being provided with any requested information. The City Administrator or City Attorney will pass critical information to all Councilmembers. The Council will always be informed by the City Administrator or City Attorney when a critical or unusual event occurs about which the public would be concerned.
There are limited restrictions when information cannot be provided. Draft documents (e.g. staff reports in progress, administrative draft EIRs) are under review and not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the Council. Certain aspects of police department affairs (access to restricted or confidential information related to crimes) may not be available to members of the Council. Confidential personnel information also has restrictions on its ability to be released. Any concerns Councilmembers may have regarding the release of information, or the refusal of staff to release information, should be discussed with the City Attorney for clarification.
H. Dissemination of Information
In cases where a staff response to an individual Councilmember request involves written materials which may be of interest to other Councilmembers, the City Administrator will provide copies of the material to all other Councilmembers. In making this judgment, the City Administrator will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.
I. Staff Relationship with Advisory Bodies
Staff support and assistance may be provided to commissions and task forces, but advisory bodies do not have supervisory authority over City employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Administrator and Council. The members of the commission or committee are responsible for the functions of the advisory body, and the commission or committee Chair is responsible for committee compliance with the policies outlined in the A.M.C.
Staff support includes preparation of a summary agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person serves as secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate recommendations to the Council do so through adopted or approved Council agenda procedures. In addition, when a commission or committee wishes to correspond with an outside agency, correspondence should be reviewed and approved by the Council.
Individuals who would like a commission or committee to review a particular issue must also gain approval for such a request from the full Council. Staff members are to assist the advisory body Presiding Officer to ensure appropriate compliance with state and local laws and regulations. 16 J. Restrictions on Political Involvement by Staff
Local governments are non-partisan entities. Professional staff, as reflected within the principles of CouncilCity Administrator form of government, formulates recommendations in compliance with Council policy and for the good of the community and is not influenced by political factors. For this reason, it is very important to understand the restrictions of staff in any level of political involvement through campaigns, fund-raisers, or other means.
1. Staff Members: By working for the City, staff members do not surrender rights to be involved in local elections. Indeed, laws are in place to preserve those rights. However, there are limitations to such involvement. Different restrictions apply to management and general employees.
2. Management Staff: The City Administrator strongly discourages any involvement in local campaigns even while on personal time. Such involvement erodes the tenet that staff are to provide an equal level of service to all members of the Council.
3. General Employees: These employees have no restrictions while off the job; however, no participation in campaigns or other activities may take place while on the job. No City resources may be used by staff in support of any campaign. Even while off the job, no employee may participate in campaigns or other political activities while in City uniform. For example, posing for a promotional photograph for a candidate for local office while in uniform is inappropriate. The support of the Council in these matters is requested. A Councilmember asking staff to sign petitions or similar items can create an awkward situation.
K. General Conduct Expectations
Councilmembers are expected to uphold a high standard of civility towards each other and to abide by the City’s Ethics and Civility Code. Civility is expected between Councilmembers, the public, and City staff while in Council meetings and when out in public. Rude behavior and profanity will not be tolerated.
While in public, Councilmembers should be aware that they are still viewed as elected representatives of the citizens of the City. As such, Councilmembers’ behavior in public shall be appropriate and shall not include inappropriate gesturing (including, but not limited to, crude or offensive body language, gyrating, or other inappropriate body movements) or profanity.
While social media, with its use of popular abbreviations and shorthand, does not adhere to standard conventions of correspondence, the content and tenor of online conversations, discussions, and information posts should model the same professional behavior displayed during Council meetings and community meetings.
Social media sites are not to be used as mechanisms for conducting official City business other than to informally communicate with the public. Examples of business that may not be conducted through social media include making policy decisions, official public noticing and discussing items of legal or fiscal significance that have not been previously released to the public. Officials’ social media site(s) should contain links directing users back to the City’s official website for in-depth information, forms, documents or online services necessary to conduct official City business. Officials will not post or release proprietary, confidential, or sensitive information on social media websites.
Councilmembers must conduct themselves in a respectable manner as to not damage the prestige of his or her elected title. In the performance of their official duties and in public, they should refrain from any form of conduct which may cause any reasonable person unwarranted offense or embarrassment. 17 Chapter 8: Leaving Office
A. Filling Council Vacancies
A vacancy on the City Council may be filled by appointment or call of a special election in the manner prescribed by law. Alternatively, the City Council may appoint a person to fill a vacancy on the City Council to hold office only until the date of a special election, which shall be immediately called to fill the remainder of the term.
The special election may be held on the date of the next regularly established municipal election or other regularly established election to be held in the City more than one hundred fourteen (114) days from the call of the special election.xvii
B. Conflicts of Interest While Leaving Office
A public official may not use his or her official position to influence prospective employment. California law prohibits elected officials, who held a position with the agency from lobbying the agency, to take any action within one (1) year of official’s departure from office or employment.xviii However, the individual may appear before the agency with which the official worked if the official is appearing on behalf of another public agency.
C. Filling Vacancies for Boards, Commissions, or Advisory Groups A vacancy on any one of the City’s Boards, Commissions, or Advisory Groups may be filled by appointment by the Mayor with consent of the Council. Chapter 2, Section E of this Handbook shall be followed when filling vacancies for any Boards, Commissions, or Advisory Boards. 18 PART II: COUNCIL PROCEDURAL GUIDELINES
19 Chapter 9: Open Meetings—Brown Act
A. Policy
1. Introduction. The Council shall comply with the provisions of the Ralph M. Brown Act, the Open and Public Meeting Law (the “Brown Act”).
2. Penalties and Applicability. The intent of the Brown Act is to ensure that deliberation and actions of local public agencies are conducted in open and public at meetings. a. Penalties: The law provides for misdemeanor penalties for members of a body who violate the Brown Act.xix Violations are also subject to civil action.xx b. Applicability: The Brown Act applies to the Council, all commissions, boards, and task forces that advise the Council. Staff cannot promote actions which would violate the Brown Act.
B. Meetings
1. General. All meetings shall be open and public. A meeting takes place whenever a quorum (3 or more members) is present and information about the business of the body is received; discussions qualify as a meeting. Social functions do not fall under the Brown Act unless City business is discussed.
2. Serial Meetings. These can take place, and are prohibited by the Brown Act, when any member of the Council or City staff contact more than two (2) Councilmembers for the purpose of deliberating or acting upon an item pending before the Council (does not apply to the public or media). Correspondence that merely takes a position on an issue is acceptable.
C. Procedure
The following procedure shall be followed:
a. Posting the Agenda: Agendas for regular meetings must be posted seventy-two (72) hours in advance of the meeting and must include the following:
i. Time and location of the meeting.
ii. Description of the agenda items. The description should be reasonably calculated to adequately inform the public, and should include the contemplated Council action. iii. Public Comments Section. A section providing an opportunity for members of the public to address the Council. (The public comments portion of the agenda meets this requirement). iv. Agendas in uniform font. Agendas for all Council meetings shall be in Arial font. The City shall comply with provisions of the Brown Act and the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) in making the agenda and documents in the agenda packet available in appropriate alternative formats to persons with a disability. b. Affidavit of Posting. Immediately after posting the agenda, the City Clerk will prepare and sign an affidavit of posting, declaring the date and place where the agenda was posted. These affidavits will be filed in the City Clerk’s office for public reference. 20 D. Actions
No action can be taken on any item not appearing on the posted agenda.
E. Ex Parte Communication
All Councilmembers may have “ex parte” communications – meaning communications outside the meeting forum. However, such communication should not be encouraged, made, or accepted when such communication is designed to influence the official decision or conduct of the official, or other officials, in order to obtain a more favored treatment or special consideration to advance the personal or private interests of himself or herself or others. This guarantees that all interested parties to any matter shall have equal opportunity to express and represent their interests.
Councilmembers who have ex parte communications with a party that appears before them at the meeting, should disclose that he or she had ex parte communication with the party. This can be done by stating that the Councilmember had ex parte communication with a party at a time in the meeting when the item is discussed.
Any written ex parte communication received by an official in a matter when all interested parties should have an equal opportunity for a hearing, shall be made a part of the record by the recipient. 21 Chapter 10: Council Meetings
A. Council Meetings
1. Regular Meetings. Consistent with the A.M.C., regular meetings of the Council shall be held the first and third Tuesdays of each month, commencing at 6:00 p.m. in the City Council Chambers, Angels City Fire Department, 1404 Vallecito Road, Angels, California 95222. xxi
a. Other Locations. The Council may, from time to time, elect to meet at other locations within the City, and upon such election shall give public notice of the change of location in accordance with provisions of the Government Code.
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b. Location During Local Emergency. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the City Fire Department, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor, or if the Mayor does not so designate, by the Vice Mayor or City Administrator.
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c. Holidays. When the day for any regular meeting falls on a legal holiday, the regularly scheduled meeting for that day shall automatically be held on the next regular business day at the regular time and place unless canceled by the Council.xxiv
2. Special Meetings & Emergency Meetings. Special meetings and emergency meetings of the Council may be called and held from time to time consistent with, and pursuant to, the procedures set forth in the Government Code.xxv
3. Adjourned Meetings. The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment pursuant to the procedures set forth in the Government Code.xxvi
4. Closed Session. The Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter which is authorized by State law to be heard in closed session. The general subject matter for consideration shall be expressed in open meeting before such session is held.
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a. Time Limit: Closed Sessions may begin earlier than 6:00 p.m., as needed, as long as the closed session items are agendaized and the time for their consideration is specified in the agenda.xxviii Closed session must conclude promptly at 6:00 p.m. regardless of whether there is a pending action that must be taken. Closed session may be continued and reconvened after the regular meeting to finish any unfinished agenda items.
5. Cancellation of Regular Meetings. Any meeting of the Council may be canceled in advance by a majority of the Council.
6. Quorum. A majority of the Council constitutes a quorum for transaction of business. Less than a majority may adjourn from time to time, and compel attendance of absent members in the manner and under the penalties prescribed by ordinance.xxix If all Councilmembers are absent from any regular meeting, the City Clerk shall declare the meeting adjourned to a stated day and hour. The City Clerk shall cause a written notice of the adjournment to be delivered personally to each Councilmember at least three (3) hours before the adjourned meeting.xxx
7. Chair. The Mayor shall preside over all Council meetings. The Mayor shall have the authority to preserve order at all Council meetings, to call for the removal of any person or persons from any meeting of the Council for disorderly conduct, to interpret and enforce the procedural guidelines of the 22 Council, and to determine the order of business under the guidelines of the Council.xxxi a. Absence of Mayor - The Vice Mayor shall act as Mayor in the absence or disability of the Mayor. xxxii
b. Mayor & Vice Mayor Absence - When the Mayor and Vice Mayor are absent from any meeting of the Council, the Councilmembers present may choose another member to act as Vice Mayor, and that person shall, during that meeting, have the duties of the Mayor.xxxiii c. Presiding Officer – The Presiding Officer for any City appointed or created commissions, committees and boards shall preside over public meetings of such commissions, committees and boards.
8. Attendance by the Public. Except as specifically provided by law for closed sessions,xxxiv all meetings of the Council shall be open to the public in accordance with the terms, provisions and exceptions consistent with State law.
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9. Action Minutes. The City Clerk, or his or her designee, will maintain a written record and attest to the proceedings of the Council in the form of action minutes. Action minutes will include final motions with votes of the Council, and reflect the names of public speakers. xxxvi
10. Recordings of Meetings. Video recordings of proceedings shall be made and shall be permanently maintained by the City Clerk.
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B. Policy Decision Making Process
1. Ad-Hoc Committees. Ad-Hoc Committees are formed on an as needed basis with a clearly defined purpose and term. Ad-Hoc Committees will consist of two (2) Councilmembers appointed by the Mayor.
2. Study Session. Study session items are placed on agendas for the purpose of open discussion. During study sessions, Councilmembers may hear reports from staff or others, ask questions, or invite public input.
3. Town Hall or Community Meetings. Such meetings may be held by an individual Councilmember and are not considered official governmental committees or Council meetings. Town Hall or Community Meetings do not require formation or appointment by the Mayor or Council. The Councilmember shall disclose this fact at their town hall meeting(s). To avoid possible Brown Act violations, only two (2) Councilmembers may participate in the discussion at a Town Hall or Community Meeting. 23 Chapter 11: Order of Business
A. General Order
The business of the Council at its meetings will generally be conducted in accordance with the following order of business unless otherwise specified. A closed session may be held at any time during a meeting consistent with applicable law.
B. CLOSED SESSION (IF NECESSARY)
a. The Council meets from time to time in closed sessions which are duly held meetings or a portion thereof, at which certain actions may be taken and are not open to public and news media. These are:
i. Closed sessions held at such times pursuant to Government Code Section 54957.6 where the Council meets with its designated representatives prior to and during consultation and discussions with representatives of employee organizations. ii. Security or emergencies.
iii. Personnel sessions.
iv. Closed sessions to consider potential or pending litigation in which the City or an officer or employee is or could be a party.
b. Matters discussed in closed sessions are considered confidential:
i. Labor Relations: As a matter of policy, the Council acknowledges that the City and its taxpayers are best served if positions authorized during such sessions are presented as those of the Council as a whole. Members of the Council agree that positions and agreements shall not be divulged.
ii. Personnel Sessions: Matters discussed and reviewed in personnel sessions shall remain confidential in order to protect employees’ rights to privacy. iii. Security – For obvious reasons: Arrangements made to address threats to the City or its property must be kept confidential.
iv. Litigation: Discussion of probable or pending litigation could waive attorney-client privilege to the detriment of the City’s position.
c. The Council must adhere to the time limits for closed session in order to begin the regular meeting in a timely manner. If the Council does not conclude the closed session in the required timeframe as set forth in the Agenda, the Council will temporarily continue the closed session meeting until the close of the regular meeting.
C. CALL TO ORDER
D. PLEDGE OF ALLEGIANCE
E. ROLL CALL
F. CONFLICT OF INTEREST
24 G. APPROVAL OF AGENDA.
A motion should be made to approve the agenda for the current meeting. Should a Councilmember wish to remove an item from the consent calendar for separate discussion, any Councilmember may do so during the approval of the agenda or during the approval of the consent calendar.
H. PRESENTATIONS/PROCLAMATIONS/RECOGNITION.
All special presentations, proclamations and recognitions will be calendared and coordinated through the Mayor, City Clerk, or City Administrator.
I. PUBLIC COMMENT (NON AGENDA ITEMS)
J. ITEMS FROM THE CITY COUNCIL
K. CONSENT CALENDAR.
All matters listed under the Consent Calendar are considered by the Council to be routine and will be acted upon in a single motion. Separate discussions of these items may be requested by a Councilmember or staff member prior to the time the Council considers the motion to adopt. A member of the public may not pull an item from the consent calendar.
Agenda items requested for removal from the consent calendar by Councilmembers or staff will be considered at the beginning of the “Unfinished Business” Section of the agenda. Members of the public cannot request for the removal of agenda from the consent calendar. A Councilmember may vote “no” on any consent item without comment or discussion. Any substantive Council comments, questions or discussion on an item will require removal of the item from the consent calendar.
L. PUBLIC HEARINGS. The guidelines for conducting public hearings are discussed below at sub-section B of this Chapter.
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. OTHER AGENCY BUSINESS
P. ITEMS FROM THE CITY TREASURER
Q. ITEMS FROM THE CITY ATTORNEY
R. ITEMS FROM THE CITY ADMINISTRATOR
S. INFORMATIONAL ITEMS. Upcoming Meetings (30-day calendar) T. ADJOURNMENT TO NEXT REGULAR MEETING OF (Date)
B. Action on Agenda Items
In accordance with the Ralph M. Brown Act, the Council may not take action on any item that did not appear on the posted Council agenda seventy-two (72) hours prior to the Council meeting unless an exception is made as permitted by the Government Code.xxxviii
25 C. Items Placed on Written Agenda
Items of business shall be placed upon the written agenda prior to the deadline announced or observed for the preparation thereof, at the request of the City Administrator or the City Attorney.
Any member of the City Council may place an item on a future agenda by making a formal request to the City Administrator at a meeting of the City Council. The City Administrator will place City Council items on a future City Council agenda when reasonable based on the staff time and research necessary to prepare the item for City Council consideration.
D. Items from the City Council, City Treasurer, City Administrator, or City Attorney These sections of the agenda provide the opportunity for brief comment on City business, City operations, City projects, and other items of general interest.xxxix E. Public Hearings:
1. General Procedure. Certain actions of the Council require a public hearing, wherein the community receives an opportunity to provide testimony in front of the Council to adopt a resolution, introduce an ordinance, or approve a document. Zoning ordinances always require a public hearing. Check with the City Attorney if in doubt as to whether a public hearing is required. The Council procedure for the conduct of public hearings is generally as follows:
a. The Staff Presents its Report. After the Mayor/Presiding Officer announces the item as it appears on the agenda, City staff will give a presentation to the City Council and the public on the staff report prepared for the matter.
b. Initial Questions to Staff by the Council. Prior to opening up a public hearing on a matter, Councilmembers may ask questions of staff or third party consultants regarding the staff report and the item.
c. Mayor/Presiding Officer Opens the Public Hearing:
i. Applicant or Appellant Presentation. The applicant or appellant then has the opportunity to present comments, testimony, or argument.
ii. Public Testimony. Members of the public are provided with the opportunity to present their comments, testimony, or argument. Members of the public presenting comments, testimony, or argument will follow the following guidelines:
1. Members of the Public Request to Speak. Any person desiring to speak or present evidence shall make his or her presence known to the Mayor/Presiding Officer and upon being recognized by the Mayor/Presiding Officer, the person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the Mayor/Presiding Officer.
2. Council Questions of Speakers. Members of the Council who wish to ask questions of the speakers or each other during the public hearing portion may do so but only after first being recognized by the Mayor/Presiding Officer.
3. Public Oral Presentations. All Council guidelines pertaining to oral presentation by members of the public apply during public hearings. These guidelines are discussed below in Chapter 13: “Addressing the Council.”
26 4. Materials for Public Record. All persons interested in the matter being heard by the Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence.
5. Germane Comments. No person will be permitted during the hearing to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the Mayor/Presiding Officer, but may be appealed to the full Council.
i. The applicant or appellant is given an opportunity for rebuttal or closing argument. ii. The public input portion of the public hearing is closed. d. Questions and discussion from the Council. Councilmembers should not express their opinions on an item prior to the close of the public hearing, as the Councilmembers should not form or express an opinion until after all testimony has been received. Questions and comments from the Council should not be argumentative, and the Council should not engage in debates with staff, or those members of the public testifying to an opinion, until after all testimony has been received.
Any Councilmember shall have the right to express dissent from, or protest to, any action of the Council and have the reason entered in the minutes. If the dissenting Councilmember desires such dissent or protest to be entered into the minutes, this should be made clear by language such as “I would like the minutes to show that I am opposed to this action for the following reasons…”
e. Council decision occurs. Once the Council completes its discussion of the matter, a Councilmember may make a motion to take action on the item. A Councilmember may also make a motion to table, amend, substitute, postpone, or continue the matter, pursuant to these Procedures. If the Council is unsuccessful in carrying a motion on the matter before the adjournment of the meeting, the motion shall be deemed to have failed. f. The Mayor/Presiding Officer will announce the final decision of the Council.
F. Time for Consideration. Matters noticed to be heard by the Council will commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible and will continue until the matter has been completed, or until other disposition of the matter has been made.
G. Continuance of Hearing. Any hearing being held, noticed, or ordered to be held by the Council at any meeting of the Council may, by order, notice, or continuance, be continued or re-continued to any subsequent hearing.
H. Communications and Petitions. Written communications and petitions concerning the subject matter of the hearing will be noted and summarized by the Mayor/Presiding Officer. A reading in full shall take place where a majority of the Council votes to have that correspondence read into the record.
I. Ex-Parte Contacts. Should a Councilmember and one (1) or more members of the public make contact outside of the hearing process regarding a matter which is, or may be, before the Council for a quasi-judicial hearing, as soon as the Council is informed that the matter will come before it as a 27 quasi-judicial hearing, that Councilmember must disclose the substance of the contact and the names of the parties on the record at the beginning of the Council's quasi-judicial hearing. Visits by Councilmembers to sites or properties that are the subject of such pending hearings, shall also be disclosed at the beginning of the Council's quasi-judicial hearing.
J. Resolutions. A resolution is generally adopted by the Council to deal with temporary or special matters, such as when the Council makes only a factual determination or certification that certain necessary conditions or requirements set by statute or ordinance have been met. Resolutions can also express opinions of the legislative body or set temporary standards (i.e. amount of permit processing fees that may be changed again by future resolutions). Resolutions are recorded and kept on file with the City Clerk.xl A resolution is less formal than an ordinance because it does not become part of the municipal code.
K. Ordinances. An ordinance is a law that the Council adopts and in most cases is codified into formal law by means of the published municipal code. An ordinance is the most binding and permanent type of Council action and usually may only be repealed or amended by a subsequent ordinance.
Ordinances must be publically read aloud at two (2) Council meetings: introduced at one (1) meeting and adopted at the subsequent meeting (most often at the next meeting). Ordinances may not be passed within five (5) days of introduction unless they are urgency ordinances.xli A public hearing notice must be published at least ten (10) days prior to the first reading of the ordinance.xlii L. Urgency Ordinances. An urgency ordinance is a special type of ordinance that is only brought once before the Council for a vote.xliii It does not go on the Consent Calendar and usually cannot be codified into the municipal code.
M. Voting & Publishing Requirements for Resolutions and Ordinances. a. Voting. All resolutions and ordinances require a recorded majority vote of the total membership of the Council.xliv Ordinances shall be signed by the Mayor and attested by the City Clerk.xlv b. Publishing. The rates of taxes to be levied, or the amount of revenue required to be raised by taxation, may be fixed either by ordinance or resolution. Where the tax rate or the amount of revenue required to be raised by taxation is fixed by resolution, such resolution shall be published in the same manner and within the same time as ordinances are required to be published.xlvi Within fifteen (15) days after the ordinance passes, the City Clerk shall cause each ordinance to be published at least once, with the names of those City Councilmembers voting for and against the ordinance, in a newspaper of general circulation circulated in the City of Angels. xlvii
Ordinances
shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but these ordinances shall be posted in the manner and at the time required by the Government Code.xlviii Except as provided in Section 36937 of the Government Code, an ordinance shall not take effect or be valid unless it is published or posted pursuant to Government Code Section 36933 and not until thirty (30) days after the final passage of an ordinance. The publication and posting of ordinances may be satisfied by the actions prescribed in Government Code Sections 36933(c)(1) and 36933(c)(2). c. Exceptions to Publishing Requirement. An ordinance takes effect immediately if it is an ordinance: (i) relating to an election; (ii) for the immediate preservation of public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a fourfifths vote of the Council; (iii) relating to street improvement proceedings; (iv) relating to taxes 28 for the usual and current expense of the City; or (v) covered by particular provisions of law prescribing the manner of its passage and adoption.xlix 29 Chapter 12: Guidelines of Conduct
A. General Procedures
It is the policy of the Council not to become involved in the protracted discussion over parliamentary procedure.
Consistent with any City ordinance, statute or other legal requirement, any issue of procedure relating to conduct of a meeting or hearing not otherwise provided for herein may be determined by the Presiding Officer, subject to appeal to the full Council.
B. Authority of the Mayor/Presiding Officer
Subject to appeal to the full Council, the Mayor/Presiding Officershall have the authority to prevent the misuses of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order. In so ruling, the Mayor/Presiding Officer shall be courteous and fair and should presume that the moving party is acting in good faith.
C. Mayor to Facilitate Council Meetings
The Council delegates the responsibility and expands the role of Mayor/Presiding Officer to include the facilitation of Council meetings. In the role as facilitator, the Mayor/Presiding Officer will assist the Council to focus on their agenda, discussions and deliberations.
D. Council Deliberation & Order of Speakers
The Mayor/Presiding Officer is delegated the responsibility to oversee the debate and the order of speakers.
Speakers will generally be called upon in the order they request to speak as recognized by the Mayor/Presiding Officer.
E. Limit Deliberation to Item at Hand
Councilmembers will limit their comments to the subject matter, item or motion being currently considered by the Council.
F. Length of Council Comments
Councilmembers will govern themselves as to the length of their comments or presentations. The Council delegates to the Chair the responsibility to assist the Council by signaling if a Councilmember has been speaking for an excessive time period. Comments from Councilmembers are limited to five (5) minutes for each Councilmembers, unless the Council, by concurrence, extend such time.
G. Limitations of Debate
Councilmembers will be allowed to speak once before the Mayor/Presiding Officer opens the matter for public comment. Councilmembers may speak a second time after the close of public comment if more time is allowed by the Mayor/Presiding Officer or the majority of the Council. Comments from Councilmembers are limited to five (5) minutes for each Councilmember, unless the Council, by concurrence, extend such time.
H. Obtaining the Floor
Any member of the Council wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Councilmember who seeks the floor when appropriately entitled to do so.
I. Motions
Motions may be made by any member of the Council, including the Mayor, providing that before a motion is offered by the Mayor, the opportunity for making a motion is offered to the other Councilmembers. Any members of the Council, other than the person offering the motion, may second the motion.
1. Procedure for Motions: Before a motion can be considered or debated, it must be seconded. Once the motion has been properly made and seconded, the Mayor shall open the matter for discussion 30 offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by the Mayor. Once the matter has been fully discussed and the vote is called for, no further discussion will be allowed; however, Councilmembers may be allowed to explain their vote. a. Process to Make and Second a Motion. Councilmembers wanting to make or second a motion may do so through a verbal request to the Mayor.
2. Precedence of Motions: When a motion is on the floor, no other motion shall be entertained except the following, which shall have precedence in the following order:
a. Motion to Adjourn the Meeting (not debateable). A motion to adjourn shall be in order at any time, except as follows:
i. When repeated after defeat without any intervening business or discussion. ii. When made as an interruption of a Councilmember who is speaking. iii. While a vote is being taken.
A motion to adjourn “to another time” shall be debatable only as to the time which the meeting is adjourned
b. Motion to Fix Hour of Adjournment. Such motion shall be set to a definite time at which to adjourn and shall be undebatable and unamendable except to the time set. Notice of the adjournment and the date of the subsequent meeting shall be conspicuously posted on or near where the meeting was held within twenty-four (24) hours of the adjournment. l If the subsequent meeting occurs within five (5) days of the original meeting, the Council may consider matters placed on the original meeting agenda without posting a new agenda. If the subsequent meeting occurs more than five (5) days from the original meeting, a new agenda must be prepared and posted. li
c. Motion to Table. A motion to table shall be used to temporarily bypass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. The tabled item may be “taken from the table” at any time by a motion made prior to the end of the meeting. If the item is not taken from the table prior to the end of the meeting, it shall be placed on a future agenda as a new matter.
d. Motion to Amend. A motion to amend can be made after a motion is introduced and seconded. A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order.
An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A motion to amend shall be voted on first, followed by a vote on the original motion, as amended or as originally stated, depending on whether the motion to amend carries.
e. Motion to Substitute. A motion to substitute can be made after a motion is introduced and seconded. A substitute motion on the same subject shall be acceptable, and voted on before a vote on a motion to amend the main motion amendment.
f. Motion to Continue. Motions to continue to a definite time shall be amendable and debatable as 31 to the propriety of postponement and time set. If desired, the Councilmember who initiates the motion to continue may also move to reopen the hearing to receive further testimony.
3. Motions Introducing Ordinances.
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Ordinances shall not be passed within five (5) days of their introduction unless they are urgency ordinances. Ordinances may only be passed at a regular meeting and must be read in full at the time of introduction and passage except when, after reading the title, further reading is waived. Motions introducing ordinances for adoption at a future meeting are deemed to include a waiver by the Council of the full reading of the text and title of the proposed ordinance unless the motion otherwise specifically so provided. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular meeting held at least five (5) days after alteration. Corrections of typographical or clerical errors are not considered alterations for purposes of this paragraph.
J. Voting Procedures
Any Councilmember present at a meeting when a question comes up for a vote, should vote for or against the measure unless he or she is disqualified from voting and abstains because of such disqualification. All votes shall be roll call votes, except for minute actions. Minute actions may be taken by voice vote. The results reflecting all “ayes” and “noes” and “abstentions” must be clearly set forth for the record.
1. Abstention: An abstention does not count as a vote for or against a matter. If a Councilmember abstains, he or she is counted as present for quorum purposes but is not deemed to be "voting" for purposes of determining whether there has been a "majority vote of those members present and voting." If a Councilmember abstains from voting on the grounds that he or she has or may have a conflict of interest, that abstention shall be made either at the beginning of the Council consideration of the matter, or as soon as the Councilmember recognizes that he or she may have such a conflict or potential conflict. In addition, the Councilmember shall state for the record the precise nature of the interest which he or she may have that creates the conflict or potential conflict and shall leave the Council Chamber during discussion of the item when required to do so by the Political Reform Act.liii
2. Tie Votes: A tie vote results in a lost motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.
3. Motion for Reconsideration: Motions for reconsideration of a matter may only be made at the same meeting at which the Council takes action on a matter. Such motion may only be made by a Councilmember who voted with the side that prevailed on the matter in question. With regard to a tie vote resulting in a lost motion, the prevailing side will be deemed to be those Councilmembers who voted in the negative. Any member of the Council may second a motion for reconsideration.
K. Non-Observance of Guidelines
The guidelines are adopted to expedite and facilitate the transaction of the business of the Council in an orderly fashion, and shall be deemed to be procedural only. The Council shall not be required to follow formal organizational procedures such as Robert’s Rules of Order. Failure to strictly observe the guidelines shall not affect the jurisdiction of, or invalidate any action taken by the Council.liv L. Non-Exclusive Guidelines
These guidelines are not exclusive and do not limit the inherent power and general legal authority of the Council, or of the Mayor/Presiding Officer, to govern the conduct of Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.
32 Chapter 13: Addressing the Council
A. Oral Presentations by Members of the Public
The rules governing oral presentations by members of the public at Council meetings are as follows:
1. The person is requested to come to the podium, state his or her name and address for the record (although not required), and, if speaking for an organization or other group, identify the organization or group represented.
2. All remarks should be addressed to the Council as a whole, not to individual members thereof.
3. Questions, if any, should be directed to the Mayor/Presiding Officer who will determine whether, or in what manner, an answer will be provided.
B. Public Comment
Public Comment is that period set aside at Council meetings for members of the public to address the Council on items of City business other than scheduled agenda items. The Public Comment portion of the Council meeting is the opportunity for members of the public to address the Council in compliance with the Government Code.
1. Timing. Public Comment for each speaker is limited to three (3) minutes, unless the Council, by concurrence, extend such time.
2. City Matters. Presentations under Public Comment are limited to items within the subject matter jurisdiction of the City.
C. Agenda Item Oral Presentation
Any member of the public wishing to address the Council orally on City business matters appearing on the Council agenda, may do so when that item is taken up by the Council, or as otherwise specified by the Council or the Mayor/Presiding Officer.
1. Presentations Submitted in Writing. Persons who anticipate oral presentations exceeding three (3) minutes are encouraged to submit comments in writing, in advance, care of the City Clerk, for prior distribution to the Council and other interested parties. Submission of comments in writing is encouraged in lieu of possible lengthy oral presentations which may not be permitted.
2. Timing. Comments by the public on City business matters appearing on the agenda may do so once the Mayor/Presiding Officer opens the matter for public comment. Members of the public may speak a second time after the close of public comment only if more time is allowed by the Mayor/Presiding Officer or the majority of the Council.
3. Assigning Time. Persons wishing to assign their time for oral presentations to other individuals may do so only with authorization of the Mayor/Presiding Officer or a majority of the Council.
4. Reading Written Comments. Persons wishing to read written comments into the record may do so only with authorization of the Mayor/Presiding Officer or a majority of the Council. Additional procedures for written comments is detailed below.
D. Comments in Writing Encouraged
Members of the public may submit, and are encouraged to submit, comments in writing to the Council, care of the City Clerk, relating to any items of City business, whether on the Council agenda or otherwise. Such 33 comments will be distributed to members of the Council and considered and acted upon, or not acted upon, as the Council, in its judgment, may deem appropriate. All written comments submitted prior to or during the item the comments relate to, will be part of the record on that particular item. Written comments will not be read aloud at the Council meeting.
1. Comment Cards. Comment cards may be used by members of the public in attendance at the meeting who do not wish to or cannot verbally address the Council during a meeting. A person may indicate his or her brief comments on the card and his or her opposition or support for an item on a comment card.
During the public testimony on the item, the Mayor indicates that the Council has received comment cards from (name of person) in support of the project or issue and comment cards from (name of person) in opposition of the project or issue.
2. Repetitious Comments Prohibited. Speakers shall not present the same or substantially the same items or arguments to the Council repeatedly or be repetitious in presenting their oral comments. If a matter has been presented orally before the Council, whether the Council has taken action, or determined to take no action, the same or substantially the same matter may not be presented orally by the same person any further. Nothing in the foregoing precludes submission of comments to the Council in writing for such action or non-action as the Council, in its discretion, may deem appropriate.
E. Speaker Time Limits for An Agenda Item
In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, the Mayor/Presiding Officer may request that a spokesperson be chosen by the group, and in case additional matters are to be presented by any other member of the group, that there be a limit on the number of such persons addressing the Council. A specific time limit may also be set for the total presentation. No group shall arrange themselves so as to use individual speakers' times in sequential order to circumvent the time limits.
F. Waiver of Guidelines
Any of the foregoing guidelines may be waived by majority vote of the Councilmembers present when it is deemed that there is good cause to do so based upon the particular facts and circumstances involved.
G. Decorum
It is crucial that the public have confidence in the integrity of its local government. Further, to ensure that the City’s business is conducted in a manner that is both professional and efficient, it is important that all participants in the process exercise decorum and civility.
The Mayor/Presiding Officer shall maintain order, decorum, and the fair and equitable treatment of all speakers. The Mayor/Presiding Officer shall keep discussions and questions focused on the specific agenda item under consideration.
Councilmembers shall perform their duties in accordance with the City’s processes and rules of order governing the deliberation of public policy issues, the involvement of the public, and the implementation of policy decisions of the Council by City staff. They shall work together collaboratively, assisting each other in conducting the affairs of the City. Councilmembers shall fully participate in public meetings, in both the open and closed sessions while demonstrating respect and courtesy to others. City Officials shall stay focused, stay on topic and act efficiently during public meetings. They shall refrain from interrupting other speakers or otherwise interfering with the orderly conduct of the meetings.
No person shall engage in harassment of another person during a public meeting. Harassment includes but is not limited to:
1. Verbal harassment such as racial epithets, derogatory comments, or slurs; 34 2. Physical harassment such as assault, impeding or blocking movement, or any other physical interference or threat directed at an individual;
3. Sexual harassment such as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature, such as name calling, suggestive comments, or lewd talks and jokes that unreasonably interferes with an individual’s work performance or has the purpose or effect of creating an intimidating, hostile, or offensive work environment.
During public meetings, all present shall:
1. Preserve safety and order;
2. Not block the audience or camera from viewing the proceedings;
3. Not engage in disruptive behavior, including but not limited to: heckling, whistling, yelling, and other similar demonstrations;
4. Not willfully disrupt the peace and order of the meeting;
5. Listen to others respectfully and not interrupt those whom are speaking;
6. Refrain from making comments that personally attack an individual in a way that disrupts, disturbs, or otherwise impedes orderly conduct;
7. Avoid the use of profanity, obscene language, and threats that disrupt, disturb, or otherwise impede orderly conduct;
8. Not use unlawful physical force. Physical force includes but is not limited to: grabbing, pushing, slapping, punching, kicking, or otherwise striking the body of another or an object attached to another’s body;
9. Not harass any other person in any way, including, but not limited to, types of harassment described in section 2.07.060 of the A.M.C.;
10. Avoid obscene gestures or motions that could be viewed as threatening or an effort to intimidate.
Unacceptable gestures include, but are not limited to. those of a sexual nature, finger pointing and fist shaking in an overly aggressive or accusatory manner, miming the use of weapons or other violent acts, and other movements that could be seen as threatening; and
11. Avoid raising voices beyond what is necessary to be heard by the audience.
Unruly conduct that disrupts the meeting such as undue noise, hissing, profanity, inappropriate applause, insults or physical disturbance shall not be permitted.
If these rules are violated, the City has the following recourse:
1. The Mayor/Presiding Chair can call a point of order;
2. A Councilmember present at the public meeting may move to require the Mayor/Presiding Chair to enforce the rules and upon majority vote, the Mayor/Presiding Chair shall be required to do so; 35 3. The Mayor/Presiding Chair may instruct the Chief of Police or another member of the police department designated by the Chief of Police to enforce the rules;
4. The Chief of Police or other member of the police department designated by the Chief of Police to enforce the rules may order an individual to sit, refrain from addressing the Council, board or commission, or remove the disruptive person from the meeting.
Any person making personal, impertinent, or derogatory remarks, or who shall become boisterous while addressing the Council, shall be barred from further audience before the Council at said meeting by the Mayor/Presiding Officer unless permission to continue is granted by a majority of the Council.lv 36 PART III: COMMISSIONS AND ADVISORY GROUPS
37 Chapter 14: Application of Rules to City Commissions and Other City Sponsored Publicly Held Meetings A. Applicability of Rules
1. All rules regarding the Conduct of City Officials shall apply to individuals serving as Commissioners or Board members in other appointed positions on City commissions and boards. Currently, the City has two (2) standing commissions: Planning Commission, and the Museum Commission.
2. Members of the public shall abide by the rules governing addressing the Council when addressing a City-created board or commission.
3. All Public Hearings held by City appointed boards and commissions shall be conducted by the rules contained herein under Chapter 11, Section E: Public Hearings.
B. Planning Commission and Museum Commission Guidelines
1. Meetings
a. Regular Meetings:
i. Planning Commission regular meetings shall be held the second Thursday of each month, commencing at 6:00 p.m. in the City Council Chambers.
ii. Museum Commission regular meetings shall be held at least every two (2) months as defined by the Commission.
b. Quorum: A majority of the full Museum Commission shall constitute a quorum, but a lesser number may adjourn from time to time.
A majority of the voting members of the Planning Commission shall constitute a quorum for the purpose of conducting routine business. The affirmative vote of a majority of the voting members shall be required for the approval of any general plan element or amendment thereto, any rezone, variance, use permit, tentative map or other planning commission action (AMC 17.85.050) c. Chairman (“Chair”): the Chair for each Commission shall preside over that Commission’s meetings.
He or she shall be elected by a majority vote of the Commission to serve for a designated term. The Chair shall have authority to preserve order at that Commission’s meetings, to call for the removal of any person(s) from any meeting of the Commission for disorderly conduct, to see that all actions of the Commission are properly taken, to sign documents of the Commission, to interpret and enforce the procedural guidelines of the Commission and to determine the order of business under the guidelines of the Commission. AMC Section 17.85.030 further details the duties of the Planning Commission Chair.
i. Absence of Chair: the Vice Chairman (“Vice Chair”) shall act as Chair in the absence or disability of the Chair. The Vice Chair shall be elected by a majority vote of the Commission in which he or she sits.
ii. Absence of Chair and Vice Chair: When the Chair and Vice Chair are absent from any meeting of his or her Commission, the members present may choose another member to act as Chairman pro tem, and that person shall, during the meeting, have the duties of the Chair. 38 d. Other rules regarding Museum Commission meetings shall be conducted by the rules contained herein under Chapter 10: Council Meetings. Planning Commission meeting rules are detailed in AMC Sections 17.85.060 and 17.85.070.
C. Order of Business
a. The Museum Commission shall adhere to the Order of Business procedures contained herein under Chapter 11: Order of Business, except for Section A: “General Order”. The Museum Commission’s specific General Orders are outlined below. The Planning Commission’s Order of Business procedures are detailed in AMC Sections 17.85.060 through 17.85.090. b. General Order for Museum Commission
D. General Order - The business of the Museum Commission at their meetings will generally be conducted in accordance with the following order of business unless otherwise specified. A closed session may be held at any time during a meeting consistent with applicable law.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CORRESPONDENCE
AUDIENCE/PUBLIC COMMENT (NON-AGENDA ITEMS)
APPROVAL OF AGENDA
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Planning Commission or the Transportation Advisory Commission to be routine and will be acted upon in a single motion. There will not be separate discussions of these items unless a request is made prior to the time the Commission considers the motion to adopt.
PUBLIC HEARINGS
PUBLIC HEARINGS (PLANNING COMMISSION ONLY)
UNFINISHED BUSINESS
NEW BUSINESS
ITEMS FROM THE PLANNING COMMISSION OR TRANSPORTATION ADVISORY
COMMISSION
ITEMS FROM THE COMMUNITY DEVELOPMENT DIRECTOR OR CITY ENGINEER ADJOURNMENT TO NEXT REGULAR MEETING OF (Date)
39 The Planning Commission’s Order of Business is as prescribed in AMC Section 17.85.090.
E. Administrative Rules
a. Request for Research or Information: Planning Commissioners may request information or research from the Community Development Director. Museum Commissioners may request information or research from the Museum Operations Director. Requests for new information or policy direction will be brought to the full Commission for consideration at a regular meeting. All written products will be copied to the full Commission. b. Inappropriate Actions: The Commissions delegate to the Chair the responsibility to discuss, on behalf of the full Commission, any perceived or inappropriate action by a Commissioner. The Chair will discuss with the Commissioner the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Administrator will report the concern to the full Commission.
c. Agendas in Uniform Font: Agendas for all Commission meetings shall comply with provisions of the Brown Act and the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) in making the agenda and documents in the agenda packet available in appropriate alternative formats to persons with a disability.
d. Agenda Materials Delivery: Delivery of the agenda materials to the Planning Commissioners shall be on or before the evening of the Friday preceding the regular meeting. As necessary, supplemental materials may be delivered subsequent to the preceding Friday. e. Procedural Guidelines: The guidelines that the Museum Commission adheres to may be amended at any meeting of the City Council by a majority of a quorum of the City Council, provided that notice of said proposed amendments is given to each member in writing prior to said meeting. The procedural guidelines for the Planning Commission may be amended at any meeting of the Planning Commission by a majority of the full membership (AMC 17.85.190) f. Distribution: Each member of the Commission, including new members as they are appointed, shall be provided a copy of these Guidelines by the City Clerk, the Community Development Director for the Planning Commission, or by City Staff.
g. Vacancy Caused by Absence: If a member of the Museum Commission is absent without cause for more than two successive regular meetings of the Commission, or is absent from more than four regular meetings in a fiscal year, the office becomes vacant automatically. The Commission shall immediately notify the City Council of the vacancy. A member is not absent without cause if his or her absence is:
i. due to illness or,
ii. unavoidable and the member gives the Secretary of the Commission notice before the date of the meeting from which he or she will be absent and giving the reason for the absence.
Per AMC 17.85.060, the secretary of the planning commission shall report the absence of any member at three consecutive meetings without an acceptable excuse. This may be grounds for the planning commission to recommend the removal of that member from the commission. 40 h. Officers-Election: At its regular meeting in July of each year or soon thereafter as possible, the Commission shall elect a Chair and Vice-Chair.
i. Adjournment Time: Per AMC 17.85.060, No public hearing will commence after ten p.m., and no item of business will commence after eleven p.m. for the Planning Commission. Scheduled items which cannot be heard because of lack of time will be continued to the earliest possible date. j. Attendance: Each member of the Commission who has knowledge of the fact that he or she will not be able to attend a scheduled meeting of the Commission shall notify the Secretary of the Commission at the earliest possible opportunity and, in any event, prior to 5:00 p.m. on the date of the meeting. The Secretary shall notify the Chair of the Commission in the event that the projected absences will result in lack of quorum.
k. Subcommittees: The Commission may from time to time, at the recommendation of staff, the request of the Council, or of its own volition, determine that a subcommittee should be formed to perform some function on behalf of the Commission. Such subcommittee assignments usually involve some degree of research or analysis with a report back to the full Commission for consideration of the subcommittee’s recommendation(s). Formation of any such subcommittee will require consideration by the Commission as a regular agenda item wherein the Commission will discuss and define the roles and responsibilities of the subcommittee and by consensus name a Commission representative to any such subcommittee.
l. Appeals: Pursuant to the A.M.C., Section 2.04.070, or as amended, the Commissions act as advisory bodies to the City Council. On those rare occasions where a Commission acts as the decisionmaking body, said decision may be appealed to the City Council. m. Continuance of Advisory Items: The following rules relate to advisory items, that is, items where the Commission offers recommendations to the City Council for final action. For example, Planning Commission rulings on zoning amendments or general plan updates are advisory items which go before the City Council for ultimate determination. The following rules serve to ensure advisory items arrive to the City Council for review within a reasonable time:
i. The Commission may continue or postpone advisory items for further consideration, but the Commission must reconsider the item at its next regular meeting. Therefore, any continuance of the item without an official ruling shall automatically reappear on the agenda for the Commission’s next regular meeting.
ii. The Commission shall not continue or postpone advisory items for further consideration, without offering final recommendations to the City Council, more than twice (2). iii. Where the Commission fails to rule on the advisory item after having continued the item two (2) times, the Commission has forty (40) days from the second continuance to render its official recommendation to the City Council. Failure to render a final ruling on the item at a third consecutive meeting shall constitute an automatic recommendation of the item, as is and without modifications, for adoption by the City Council. 41 Appendix A
42 ICMA Code of Ethics
The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:
Tenet 1
Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective.
Tenet 2
Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant
Tenet 3
Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public.
Tenet 4
Recognize that the chief function of local government at all times is to serve the best interests of all people.
Tenet 5
Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials.
Tenet 6
Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members.
Tenet 7
Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body.
Tenet 8
Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques.
43 Tenet 9
Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service.
Tenet 10
Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice.
Tenet 11
Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline.
Tenet 12
Seek no favor; believe that personal aggrandizement or profit secured by confidential Information, or by misuse of public time is dishonest.
44 Appendix B
Referenced Code Citations
i A.M.C. §2.09.040.
ii A.M.C. §2.12.030
iii A.M.C. §2.12.040.
iv A.M.C. §.2.12.050
v A.M.C. §2.12.060
vi A.M.C. §2.02.010.
viiA.M.C. §2.03.
viii A.M.C. §2.05.
ix Government Code § 36516.
x A.M.C. §2.01.050(E).
xi A.M.C. §2.01.050(D).
xii Government Code §82033.
xiii Id.
xiv
Government Code §87105.
xv
Government Code §87105(a)(1)-(3).
xvi Government Code §53235(f).
xvii
A.M.C. §2.01.040.
xviii Government Code §87406.3.
xix Government Code §54959.
xx Government Code §54960.
xxi A.M.C. §§ 2.01.030; 2.08.020; Government Code §§ 36805; 54954(a). xxii Government Code § 54954(b).
xxiii Government Code § 54954(e).
xxiv A.M.C. §2.01.030.
xxv Government Code §§ 54956; 54956.5. Special meetings and emergency meetings, respectively. xxvi Government Code §§ 36805; 36809; 54955; 54956.
xxvii Government Code § 54954.5.
xxviii A.M.C. § 2.01.030.
xxix Government Code § 36810.
xxx Government Code § 36811.
xxxi Government Code §§ 36802; 36813; 54957.9.
xxxii Government Code § 36802.
xxxiii Id.
xxxiv Government Code § 54954.5.
xxxv Government Code § 54953.
xxxvi Government Code § 36814.
xxxvii Government Code § 54953.5. The statute only requires maintenance of the audio or visual recording for thirty (30) days where there are other records of the meeting that are retained according to Government Code § 6250 et seq.
xxxviii Government Code §54954.
xxxix Government Code §54954.2(a).
xl Government Code § 36936.
xli Government Code § 36934.
xlii Government Code § 65090.
xliii Government Code § 36934.
xliv Government Code § 36936.
xlv Government Code § 36932.
xlvi Government Code § 36936.1.
xlvii Government Code § 36933(c).
xlviii Government Code § 36933(a).
45 xlix Government Code § 36937.
l Government Code § 54955.
li Government Code § 549554.2(b)(3).
lii Government Code § 36934. The requirements for introducing an ordinance or urgency ordinance are provided in this section of the Government Code and establish the information that follows in this paragraph. liii Government Code §87100 et seq. A Councilmember should leave the room when he or she identifies that he or she has a financial interest in the decision being discussed. Prior to leaving the room, the Councilmember should publically identify the financial interest at stake and recuse himself or herself from that portion of the meeting. liv City of Pasadena v. Paine (1954) 126 Cal.App.2d 93. lv Government Code §§ 36813, 54957.9.