Agenda packet — Angels Camp City Council, September 5, 2023

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

CITY OF ANGELS

CITY COUNCIL AGENDA
September 5, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.

In person public attendance will be available with limited seating. Seats are available on a first come, first served basis. Members of the public shall have the right to observe and offer public comment at the appropriate time.

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CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st and 3rd Tuesday of each month. The Agenda is divided into two sections:

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

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

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

Mayor Jennifer Herndon Vice Mayor Isabel Moncada
Council Members Gretel Tiscornia, Alvin Broglio, Caroline Schirato City Administrator Rebecca Callen City Attorney Doug White

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiator
Property Location: APNS: 060-018-003, 004
Agency Negotiator, Rebecca Callen, City Administrator
B. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Gov. Code § 54956.9 (d)(2): One Case 6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Real Property Negotiator
Property Location: APNS: 060-018-003, 004
Agency Negotiator, Rebecca Callen, City Administrator
B. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Gov. Code § 54956.9 (d)(2): One Case

4. PLANNING COMMISSIONER APPOINTMENT
Review and Appointment of One(1) Planning Commissioner Member to Fill a Vacancy, with a Term Set to Expire June 30, 2023
A. Commissioner Interview
B. Appointment / Oath of Office – New Planning Commissioner

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

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

7. CONSENT AGENDA
A. Approve Draft Minutes of August 15, 2023, Rose Beristianos, City Clerk

8. REGULAR AGENDA
A. Utica Park Presentation, Amy Augustine, City Planner B. Adopt Resolution No. 23-69 and Authorize the Mayor to Sign a Letter of Commitment for a Community Resilience Center Grant with Minor Changes if Necessary, Amy Augustine, City Planner

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
C. Adopt Resolution No. 23-68, Approving an Agreement Between the City of Angels and the Department of Forestry and Fire Protection For the Volunteer Fire Capacity Grant, Nathan Pry, Fire Marshall / Battalion Chief
D. Adopt Revised Resolution No. 23-41, Authorizing the Industrial Disability Retirement of Police Officer Steven Sanford, Rose Beristianos, City Clerk / Administrative Services Officer E. Adopt Resolution No. 23-71, Approving HRA (Health Reimbursement Arrangement) Plan Change for Administrative Costs and Resolution No. 23-72, Termination of HRA (Health Reimbursement Arrangement), Rebecca Callen, City Administrator
F. Discussion and Recommendation Regarding Medberry APN 064-004-033 Code Compliance, Upholding the Notice and Order to Abate with an Extension, Rebecca Callen, City Administrator

8. ADMINISTRATION REPORT

9. COUNCIL REPORT

10. CORRESPONDENCE
A. Calaveras Council of Governments letter of Support for Regional Resilience Grant Program (RRGP) B. AB1484 Temporary Public Employees Opposition, Letter of Support C. Calaveras County Water District Section 218 Copper Cover Wastewater Treatment System Improvement Project, Letter of Support

11. CALENDAR

12. FUTURE AGENDA ITEMS

13. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall 209- 736-2181. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-

35.104 ADA Title II) Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection at City Hall at 200 Monte Verda Street Ste. B, Angels Camp, CA 95222 during normal business hours. The Agenda is also available on line at www.angelscamp.gov.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: September 5, 2023
TO: City Council
FROM: Rose Beristianos, City Clerk
RE: PLANNING COMMISSION APPOINTMENT
RECOMMENDATION:

Review the three applicants and appoint an applicant for Planning Commission appointment BACKGROUND:

Robert Moncada held the Planning Commission Seat for eight (8) years and decided to not extend his term with the planning commission. The term ended on June 30, 2023. We have been recruiting since May of 2023 and now have three applicants.

DISCUSSION:

The Commission is made up of five (5) residents residing in the City of Angels, City Limits and works with the City’s Community Development Planning Department, it’s Director and Staff.

The Commissioners term is for three (3) years unless the Commissioner has been appointed by the City Council to fill the remaining term of a vacated seat.

Returning Commissioners if they choose to may reapply when their term is completed.

Planning Commission meets once a month and recevies a $50 dollar stipend and will be required to take the Ethics Training Class and fill out a Statement of Economic Interests FINANCIAL IMPACT:
$50 a month for attending a meeting
ATTACHMENTS:

Joseph Jacobs Application
Daniel Whitford Application
Matthew Stammerjohan Application
4A

Oath of Office

STATE OF CALIFORNIA, )
) ss.

COUNTY OF CALAVERAS )
I, ______________________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
__________________________________
Subscribed and sworn to before me, this day of , 20_____. ________________________________________
(Place Name & Title of person administering oath here)
4B

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

DRAFT MINUTES CITY OF ANGELS

CITY COUNCIL AGENDA
August 15, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.

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

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

Mayor Jennifer Herndon (PRESENT) Vice Mayor Isabel Moncada (ABSENT) Council Members Gretel Tiscornia, Alvin Broglio, Caroline Schirato (ALL PRESENT) City Administrator Rebecca Callen (PRESENT) City Attorney – (PRESENT) 7A

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

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. RECOGNITION AND ACKNOWLEDGMENTS
A. Proclamation Recognizing Roy Soracco

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: ITEM 7 A PULLED WILL BE BROUGHT BACK TO NEXT MEETING, MOTION TO APPROVE THE AGENDA BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER SCHIRATO, PASSED 4 YES, 1 ABSENT

5. PUBLIC COMMENT
Mike Medberry read a statement regarding his property. (Statement on file) Richard Terry spoke on behalf of allowing Mike Medberry stay on the property Tad Folendorf, spoke on behalf of allowing Mike Medberry stay on the property Kim Rolleri, spoke on behalf of allowing Mike Medberry stay on the property Andrea Simmons, spoke on behalf of allowing Mike Medberry stay on the property

6. CONSENT AGENDA
A. Approve Draft Minutes of August 1, 2023, Rose Beristianos, City Clerk B. Accounts Payable (AP) July Checks and Treasurer’s Report, Michelle Gonzalez, Finance Director ACTION: MOTION TO APPROVE CONSENT AGENDA BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER TISCORNIA, PASSED 4 YES, 1 ABSENT

7. REGULAR AGENDA
A. Utica Park Presentation, Amy Augustine, City Planner - PULLED B. PUBLIC HEARING: Introduce item and Continue to August 15, 2023 Approving Resolution No. 23-60 to Certify a Mitigated Negative Declaration for the Angels Creek Trail and Transit Hub Facility Project, Amy Augustine, City Planner
ACTION: MOTION TO APPROVE RESOLUTION NO. 23-60 BY COUNICL MEMBER SCHIRATO, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 4 YES, 1 ABSENT
C. Discussion and Direction on Community Resilience Center Grant, Amy Augustine, City Planner

DIRECTION GIVEN, ITEM WILL BE BROUGHT BACK TO COUNCIL
D. Discussion of the Council and Community Comments on the Evacuation Access Needs Assessment Draft, Rebecca Callen, City Administrator
PUBLIC COMMENT: AMANDA FOLENDORF SPOKE ABOUT THE IMPORTANCE OF PUBLIC TO COMMENT

THAT ITS AN ASSESSMENT FOR THE COUNTY TO GO AFTER THE MONEY TO IMPLEMENT IT COUNTY WIDE DISCUSSION, REPORT LOCATED ON WEBSITE WWW.CALAVERASREADY.CIM AND COMMENTS CAN BE MADE UNTIL AUGUST 31, 2023 DIRECTLY TO [email protected]

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
E. Discussion and Approval of Executing Agreement with ClearGov for Budget Preparation and Monitoring Software, Michelle Gonzalez, Finance Director
ACTION: MOTION TO APPROVE THE AGREEMENT WITH CLEARGOV BY COUNCIL MEMBER BROGLIO, SECONDED BY MAYOR HERNDON, PASSED 4 YES, 1 ABSENT
F. Approve Resolution No. 23-67, Authorizing the County Tax Collector to Place on the County Tax Bill, Delinquent Accounts for Water and Wastewater Per Resolution No. 22-31, Michelle Gonzalez, Finance Director
ACTION: MOTION TO APPROVE RESOLUTION NO. 23-67 BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL SCHIRATO, PASSED 4 YES, 1 ABSENT
G. Adoption fo Resolution No. 23-66 Revised Master Fee Schedule for Fiscal Year 2023/24, Michelle Gonzalez, Finance Director
ACTION: MOTION TO APPROVE RESOLUTION NO. 23-66 BY COUNCIL MEMBER TISCORNIA, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 4 YES, 1 ABSENT
H. Approve the Updated Agreement for Sale and Delivery of Waster Between the UTICA Water and Power Authority and the City of Angels Camp, Rose Beristianos, City Clerk ACTION: MOTION TO APPROVE UPDATED AGREEMENT BY COUNCIL MEMBER TISCORNIA SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 4 YES, 1 ABSENT

8. ADMINISTRATION REPORT – REBECCA CALLEN , REPORTED OUT

9. COUNCIL REPORT – ALL PRESENT REPORTED OUT

10. CORRESPONDENCE
A. News and Notes for the Month of July

11. CALENDAR – DISCUSSED BY CITY CLERK

12. FUTURE AGENDA ITEMS – MEDBERRY ITEM

13. ADJOURNMENT
ACTION: MOTION TO ADJOURN AT 7:35PM, BY COUNCIL MEMBER SCHIRATO, SECONDED BY COUNCIL MEMBER

TISCORNIA
______________________
________________________ Jennifer Herndon, Mayor
Rose Beristianos, City Clerk

ITEM WILL BE DISCUSSED AT THE MEETING CURRENTLY NO REFERENCE MATERIALS 8A

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Community Resilience Center Grant - 1
DATE: September 5, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Resolution 23-69 and Letter of Committment - Community Resilience Center Grant

RECOMMENDATION
Approve Resolution 23-69 for a Community Resilience Center Grant and authorize the mayor to sign the letter of commitment with minor changes.

BACKGROUND
The California Strategic Growth Council has released a Round 1 notice of funding availability (NOFA) for grants to finance upgrades of local facilities to serve as Community Resilience Centers.

Such centers would provide shelter and resources during climate and other emergencies, including extreme heat or cold events, poor air quality days (especially due to wildfires) and related. The program will also fund ongoing year-round community services and programs, such as information and resource distribution, workforce development trainings (optional), and associated functions that help the community respond to community needs and challenges.

Grant funds would allow the City to finalize partnerships with social service agencies and other stakeholders, public outreach, complete environmental reviews, potentially secure 2.99 acres of adjacent land if necessary, and prepare construction plans to rehabilitate and expand the former City Hall at 584 South Main to become a centralized resource for the community.

Ideas for the Community Resilience Center include upgrading City Hall for re-use as City Hall with expansion as needed for City staffing with expansion (potentially on the available adjacent parcel) for meeting space, senior center, community center, council chambers, and associated community benefits.

Staff has preliminarily discussed community needs with Sierra Hope and Common Ground senior services. Community needs identified and preliminarily to be considered include a senior center, community center, and offices for Sierra Hope and other social service agencies. Such a center could include a kitchen to assist with Meals on Wheels, providing food (indoors) to evacuees during emergencies, while also providing a community center meeting space, warming and cooling centers, and a one stop shop for assistance programs. City Hall staff would be connected to the CRC allowing for assistance during emergencies (e.g., fast tracking building permits for disaster recovery 8B

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Community Resilience Center Grant - 2
etc., opening the warming and/or cooling centers). Sierra Hope has indicated that, with an office at the facility, it also would provide staffing for warming and cooling centers and related activities.

In addition, the draft Greenhouse Gas Reduction Plan (GGRP) to be considered in the coming months by the City Council includes job training opportunities. Job training for the GGRP could occur at the resilience center. These are just a few of the ideas being considered. Further outreach is ongoing to a wide range of potential partnership. A project development grant application for a minimum of $500,000 (and up to $5,000,000) is due September 18, 2023. The grant would provide for additional community outreach, environmental clearances, could provide for site acquisition, project design through construction-ready plans, a project cost estimate, phase 1 site assessment, remediation (if necessary), survey, and financing plan. Given the need to act quickly, staff has commenced outreach to potential partners and looks to the City Council to recommend additional partners.

There is huge interest in this particular grant program statewide. The city is somewhat at a disadvantage given the reported income levels for the city that the state uses. The grant application would, therefore, look at being able to serve not only the city limits, but adjacent areas. Similarly, state representatives indicate that more monies will be available in upcoming grants sources emphasizing climate action plans. Should the city be unsuccessful with this particular grant, the grant narrative and template will be useable for other grants tied to climate action and/or for a Round 2 application (i.e., efforts would not be wasted even if the City is unsuccessful on this particular grant).

At its meeting of August 15, 2023, the City Council directed staff to proceed. The referenced letter of commitment and resolution both are required for approval prior to the September 18, 2023, submittal deadline.

FISCAL IMPACT:

City Planning Staff is preparing the grant application under current city contract within the existing budget approved for planning staff.

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-69

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO AUTHORIZE THE CITY

ADMINISTRATOR OR DESIGNEE TO APPLY FOR, ACCEPT, AND EXECUTE ALL DOCUMENTS ASSOCIATED WITH A GRANT TO STRATEGIC GROWTH COUNCIL’S COMMUNITY RESILIENCE CENTERS PROGRAM: ROUND 1 PROJECT DEVELOPMENT GRANT FOR

THE ANGELS CAMP RESILIENCE CENTER
WHEREAS, the State Legislature has appropriated $110 million from the General Fund in Fiscal Year (FY) 2022-2023 to implement the California Governor’s Office of Planning and Research Strategic Growth Council (SGC) Community Resilience Center (CRC) Program and a total of $98.6 million will be available for Round 1 grants to fund planning, pre-development, construction, and upgrades of neighborhood-level Community Resilience Centers to provide shelter and resources during climate and other emergencies, such as wildfires, extreme heat events and poor air quality days; and
WHEREAS, the program will also fund ongoing year-round community services and programs, such as food distribution and workforce development training, that build overall community resilience, preparedness, and recovery operations for local communities, and WHEREAS, the SGC will provide funding that supports the ability of community-serving institutions to serve as comprehensive emergency response centers, as well as for year-round services and programming; and
WHEREAS, the City of Angels has conducted outreach to local agencies including Sierra Hope and Common Ground and identified multiple community needs that currently are not being met and could be served by a CRC; and
WHEREAS, the City of Angels has surveyed other city departments and identified multiple emergency response needs that could be served by a CRC; and WHEREAS, the City of Angels previously conducted a facilities needs assessment and identified the subject location and adjacent parcel as a primary target for a community facility such as a CRC; and
WHEREAS, the City of Angels has prepared and is considering adoption of an innovative Greenhouse Gas Reduction Plan that would require public education, outreach, and training for implementation that could occur at the CRC; and
WHEREAS, the CRC program will provide funding for development grants to gather additional public, agency, stakeholder, and partnership input and strengthen/finalize those associations; purchase adjacent property for expansion, design and prepare construction-ready plans; cost estimates and a funding plan; and prepare and complete environmental clearance documents for a community resiliency center on 3.2± acres in the City center to fulfill the community’s identified resilience needs; and
WHEREAS, the City of Angels has determined that design, acquisition, and outreach associated with a CRC would cost up to $1,000,000;
NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby:

1. Authorize filing a Strategic Growth Council Community Resilience Center Program Round 1 Project Development Grant application for the Angels Camp Resilience Center;

2. Authorize the City Administrator to accept grant funding, if awarded;

3. If selected for funding, authorize the City Administrator or designee to negotiate, sign, and submit all documents including, but not limited to, applications, agreements, amendments, payment requests, and associated documents as may be necessary for completing the grant scope.

PASSED AND ADOPTED this 5th day of September 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 23, 2023
To: City of Angels City Council
From: Mark Gonzalez, Battalion Chief
RE: Resolution 23-68 Approval of CAL FIRE Volunteer Fire Capacity Grant Recommendation
Staff recommends City Council approve resolution 23-68 accepting the 2023 volunteer fire capacity grant to purchase personal protective equipment (PPE) and approve the City Administrator to execute the grant documents
Background
CAL FIRE volunteer fire capacity grant has been applied for and successfully awarded to us for several years but under the title of rural fire assistance grant. Under this grant the State of California funds 50% of the project with the remaining 50% funded by the City. This year’s approved grant application covers the purchase of;
12- Wildland firefighting glove sets
12- Wildland firefighting nomex pants
3- Wildland fire shelters
12- Structural firefighting glove sets
12- Structural firefighting flash hoods
3- Sets Structural firefighting turnout pants & coats.

National Fire Protection Agency states Firefighting PPE can only be used for a period of 10 years after the date of manufacture. This PPE would replace aged and worn PPE needed for current fire staff. As in years passed we recommend utilizing funds generated from strike team response to fund the City’s portion of the grant project. If the resolution is approved; the PPE would be purchased by the City utilizing standard purchase practices, then an invoice would be submitted to the State for reimbursement of 50% of the total cost of the grant.

Financial Impact
$420.00 12- Wildland firefighting glove sets
$2,880.00 12- Wildland firefighting nomex pants
$1,545.00 3-Wildland fire shelters
$1,620.00 12- Structural firefighting glove sets
8C

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
$528.00 12-Structural flash hoods
$9,750.00 3- Structural firefighting turnout pants and coats $16,743.00 Total grant project
$8,371.50 Reimbursed by rural fire capacity program grant $8,371.50 Strike team capital improvement fund 010-6010-50072 Attachments
Resolution No. 23-68
Agreement 7GF23015

CITY OF ANGELS

CITY COUNCIL
Resolution No. 23-68

RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF

ANGELS AND THE DEPARTMENT OF FORESTRY & FIRE PROTECTION FOR

THE VOLUNTEER FIRE CAPACITY GRANT

BE IT RESOLVED that the City Council of the City of Angels does hereby approve Agreement #7GF23015 with the California Department of Forestry and Fire Protection dated as of the last signatory date on page 6 of the Agreement, and any amendments thereto. This Agreement provides for an award, during the term of this Agreement, under the Volunteer Fire Capacity Grant during the State Fiscal year 2023/2024 up to and no more than the amount of $8,371.50.

BE IT FURTHER RESOLVED that the Angels Camp City Council hereby authorizes the City Administrator to sign and execute said Agreement and any amendments on behalf of the City of Angels Fire Department.

ON A MOTION BY ______________, seconded by__________________, the forgoing resolution was duly passed and adopted this 5th day of September, 2023 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_______________________
Jennifer Herndon-Davis
Mayor
ATTEST:
______________________
Rose Beristianos
City Clerk

HOME OF THE JUMPING FROG

7GF23015
2 VOLUNTEER FIRE CAPACITY PROGRAM

TERMS AND CONDITIONS

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

STATE OF CALIFORNIA
Natural Resources Agency
Agreement for the Volunteer Fire Capacity Program of the Cooperative Forestry Assistance Act of 1978
THIS AGREEMENT, made and entered between the STATE of California, acting through the Director of the Department of Forestry and Fire Protection hereinafter called “STATE”, and ____________________________________________________________hereinafter called “LOCAL AGENCY”, covenants as follows:

RECITALS:

1. STATE has been approved as a passthrough agent of the United States Department of Agriculture, (USDA), Forest Service for the purpose of administering the Volunteer Fire Capacity program in California, hereinafter referred to as VFC, authorized by the Cooperative Forestry Assistance Act (CFAA) of 1978 (PL 95-313, 92 Stat 365, 16 U.S.C. 2106), as amended.

2. This is a subaward under the 2023 Volunteer Fire Capacity Grant #23-DG-11052012-166 awarded to STATE by the Forest Service on August 3, 2023. The Federal Assistance Listing for the award is 10.698, Cooperative Forestry Program. This subaward is funded solely with Federal funds and is subject to the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400, and under certain terms and conditions to LOCAL AGENCY to assist LOCAL AGENCY to upgrade its fire protection capability.

3. LOCAL AGENCY desires to participate in said VFC and agrees to the terms and conditions specified in the Procedural Guide for Volunteer Fire Capacity Program 2023.

NOW THEREFORE, it is mutually agreed between the parties as follows:

4. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. LOCAL AGENCY may not commence performance until such approval has been obtained.

5. INCORPORATION: The Procedural Guide for Volunteer Fire Capacity Program 2023, submitted Application for Funding and associated Grant Assurances are hereby incorporated by reference as part of the Grant Agreement.

6. TIMELINESS: Time is of the essence in this Agreement.

7. FORFEITURE OF AWARD: LOCAL AGENCY must return this Agreement and required resolution properly signed and executed to STATE at the email address specified in paragraph 12, with a timestamp no later than December 1, 2023 or LOCAL AGENCY will forfeit the funds.
7GF23015
3 8. GRANT AND BUDGET CONTIGENCY CLAUSE: It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government for the State Fiscal Year 2023 for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.

The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

The STATE has the option to invalidate the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds.

9. REIMBURSEMENT: STATE will reimburse LOCAL AGENCY, from funds made available to STATE by the Federal Government, an amount not to exceed $8,371.50 on a 50/50 matching funds basis, for the performance of specific projects and/or purchase of specific items identified in Proposed Project, Application for Funding, attached hereto.

Reimbursement will be only for those projects accomplished and/or items purchased between THE LAST SIGNATORY DATE ON PAGE 1 and JUNE 30, 2024. This sum is the sole and maximum payment that STATE will make pursuant to this Agreement.

LOCAL AGENCY must bill STATE at the e-mail address specified in paragraph 12, with a timestamp no later than September 1, 2024 in order to receive the funds. The bill submitted by LOCAL AGENCY must clearly delineate the projects performed and/or items purchased. A vendor’s invoice and proof of payment to vendor(s) must be included for items purchased.

10. LIMITATIONS: Expenditure of the funds distributed by STATE herein is subject to the same limitations as placed by the VFC, upon expenditure of United States Government Funds. Pursuant to 2CFR200.313 Equipment, subject to the obligations and conditions set forth in that section; title to any equipment and supplies acquired under this Agreement vests with the LOCAL AGENCY. For any equipment items over $5,000, the federal government may retain a vested interested in accordance with paragraph 17 below.

11. MATCHING FUNDS: Any and all funds paid to LOCAL AGENCY under the terms of this Agreement, hereinafter referred to as “VFC Funds”, shall be matched by LOCAL AGENCY on a dollar-for-dollar basis, for each project listed on attachment(s) hereto identified as “Proposed Project”. No amount of unpaid “contributed” or “volunteer” labor or services shall be used or consigned in calculating the matching amount “actually spent” by LOCAL AGENCY.

LOCAL AGENCY shall not use VFC Funds as matching funds for other federal grants, including Department of Interior (USDI) Rural Fire Assistance grants, nor use funds from other federal grants, including USDI Rural Fire Assistance grants, as matching funds for VFC Funds.
7GF23015
4 12. ADDRESSES: The mailing addresses of the parties hereto under the terms of the Agreement are:

LOCAL AGENCY:

Attention:

Telephone Number(s):

E-mail
STATE: Department of Forestry and Fire Protection
Grants Management Unit, Attn: Megan Esfandiary
P. O. Box 944246
Sacramento, California 94244-2460
PHONE: (916) 894-9845
E-MAIL: [email protected]

13. PURPOSE: Any project to be funded hereunder must be intended to specifically assist LOCAL AGENCY to organize, train, and/or equip local firefighting forces in the aforementioned rural area and community to prevent or suppress fires which threaten life, resources, and/or improvements within the area of operation of LOCAL AGENCY. Project funds are not to be used for research and development.

14. COMBINING: In the event funds are paid for two or more separate, but closely related projects, the 50/50 cost-sharing formula will be applied to the total cost of such combined projects.

15. OVERRUNS: In the event that the total cost of a funded project exceeds the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request additional funds to cover the Agreement share of the amount exceeded. However, there is no assurance that any such funds are, or may be, available for reimbursement. Any increase in funding will require an amendment.

16. UNDERRUNS: In the event that the total cost of a funded project is less than the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request that additional eligible projects/items be approved by STATE for Agreement funding.

However, there is no assurance that any such approval will be funded. Approval of additional projects/items, not listed on the Proposed Project application, made by STATE, will be in writing and will require an amendment.

17. FEDERAL INTEREST IN EQUIPMENT: The Federal Government has a vested interest in any item purchased with VFC funding in excess of $5,000 regardless of the length of this Agreement, until such time as the fair market value is less than $5,000. The VFC percentage used to purchase the equipment will be applied to the sale price and recovered for the Government during the sale. This percentage will remain the same even following depreciation. The Federal Government may not have to be reimbursed if the disposal sale amounts to a fair market value of less than $5,000. LOCAL AGENCY will notify STATE of the disposal of such items.
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5 18. EQUIPMENT INVENTORY: Any single item purchased in excess of $5,000 will be assigned an VFC Property Number by the STATE. LOCAL AGENCY shall forward a copy of the purchase documents listing the item, brand, model, serial number, any LOCAL AGENCY property number assigned, and a LOCAL AGENCY contact and return address to STATE at the address specified in paragraph 12. The STATE will advise the LOCAL AGENCY Contact of the VFC Property Number assigned.

19. AUDIT: LOCAL AGENCY agrees that the STATE, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. LOCAL AGENCY agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated. LOCAL AGENCY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, LOCAL AGENCY agrees to include a similar right of the State of California to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896).

20. DISPUTES: In the event of any dispute over qualifying matching expenditures of LOCAL AGENCY or audit findings, the dispute will be decided by STATE and its decision shall be final and binding.

21. MONITORING: LOCAL AGENCY agrees to the monitoring of activities as necessary by STATE to ensure that the award is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the agreement; and that performance goals are achieved.

22. INDEMNIFICATION: LOCAL AGENCY agrees to indemnify, defend, and save harmless, the STATE, its officers, agents, and employees, from any and all claims and losses, accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by LOCAL AGENCY in the performance of this Agreement.

23. CIVIL RIGHTS: LOCAL AGENCY agrees to comply with civil rights requirements as detailed in the Complying With Civil Rights Requirements brochure (FS-850) and the And Justice For All poster (AD-475A). The poster is to be placed at all public point of contact/reception areas.

24. DRUG-FREE WORKPLACE REQUIREMENTS: LOCAL AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
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6 1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drugfree workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and LOCAL AGENCY may be ineligible for funding of any future State Agreement if the department determines that any of the following has occurred: (1) the LOCAL AGENCY has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)

25. TERM: The term of the Agreement SHALL COMMENCE ON THE LAST SIGNATORY DATE ON PAGE 1 and continue through June 30, 2024.

26. TERMINATION: This Agreement may be terminated by either party giving 30 days written notice to the other party or provisions herein amended upon mutual consent of the parties hereto.

27. AMENDMENTS: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

28. INDEPENDENT CONTRACTOR: LOCAL AGENCY, and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE or the Federal Government.

29. INDIRECT RATE: LOCAL AGENCY may not assess an indirect rate in excess of their Federally approved Negotiated Indirect Cost Rate Agreement (NICRA), a de minimis rate if LOCAL AGENCY does not have an approved NICRA, or the VFC program cap rate of 10%, whichever is lesser. LOCAL AGENCY may also elect not to assess an indirect rate.

The approved indirect cost rate at the time of execution is 0%. .
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7 30. MEDIA: LOCAL AGENCY shall acknowledge STATE and USDA Forest Service support in any publications, audiovisuals and electronic media developed as a result of this award.

It is encouraged to give public notice of the receipt of this award and announce progress and accomplishments, acknowledging STATE and USDA Forest Service support. Follow direction in USDA Supplemental 2 CFR 415.2.

31. ASSIGNMENT: This Agreement is not assignable by LOCAL AGENCY either in whole or in part.

RECOMMENDATION
Adopt Resolution No. 23-41 authorizing the Industrial Disability Retirement of Police Officer Steven Sanford

DISCUSSION
Steven Sanford has filed an Industrial Retirement application with CalPERS. California Government Code Section 21156 requires that a local safety member shall be retired for disability upon the employer’s determination that the member is incapacitated physically or mentally for the performance of the usual job duties. CalPERS agency procedures require that such determination be made by Resolution of the governing body.

Under the Public Employees’ Retirement Law, disability is defined as the incapacity of a member from the performance of duty in public service for permanent or extended and uncertain duration as determined on the basis of competent medical opinion. Disability is not necessarily an inability to perform every function of a given position. Rather, the courts have concluded the test in any case is whether the employee can substantially perform the usual duties of the current position. Mr. Sanford held the position of police officer and has been determined by a Medical Examiner to be permanently disabled and unable to perform the duties of police officer.

Based upon the information available to us and the medical reports, staff believes that the findings and determinations as set forth in the attached Resolution are appropriate.

FINANCIAL IMPACT
The 50% advance payments will be reimbursed to the City from CalPERS upon approval of the industrial retirement. The City will draft a promissory note with Mr. Sanford as part of the advance payments.

Should the application be denied by CalPERS, Mr. Sanford will be required to repay the City directly.

ATTACHMENTS
Resolution No. 23-41
8D

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-41

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

INDUSTRIAL DISABILITY RETIREMENT OF STEVEN SANFORD
WHEREAS, the City of Angels (hereinafter referred to as Agency) is a contracting Agency of the Public Employee’s Retirement System (CalPERS); and
WHEREAS, the Public Employee’s Retirement Law, California Government Code section 21156 (a)(2) et Seq. requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for the purposes of the Public Employees’ Retirement Law and whether such disability is “industrial” within the meaning of such Law; and WHEREAS, an application for industrial disability retirement of Steven Sanford employed by the Agency in the position of Police Officer has been filed with CalPERS; and WHEREAS, the Agency certifies that under penalty of perjury, the determination was made based on a competent medical opinion and was not used as a substitute for the disciplinary process.

WHEREAS, that the City Council of the City of Angels does hereby find and determine that Steven Sanford is incapacitated within the meaning of the Public Employees’ Retirement Law for the performance of his duties in the position of Police Officer; and hereby finds and determines that Steven Sanford is incapacitated for performance of the duties of the position for other California public agencies in CalPERS. Similar positions with reasonably comparable pay, benefits, and promotional opportunities with other California public agencies are not available.

WHEREAS. that the Agency does hereby find and determine that such disability is a result of injury or disease arising out of and in the course of employment; and WHEREAS, the member has filed a Workers Compensation claim for his disabling conditions; and WHEREAS, the Workers Compensation claim has been accepted; and WHEREAS, the members last day of pay status was December 31, 2022; and WHEREAS, the agency finds and determine that there is not a possibility of third-party liability present; and
WHEREAS, the member’s injury caused a disability in the left shoulder; and WHEREAS, there is competent medical opinion certifying the disability and is expected to be permanent; and
WHEREAS, the agency will begin Advance Disability Pension Payments to the member in the amount of $2,541.93 monthly beginning October 2023 and will be mailed to:

BE IT FURTHER RESOLVED, that the City of Angels City Council and City Administrator approve the Industrial Disability Retirement Application of Steven Sanford ON A MOTION BY ________________, seconded by ___________________, the forgoing revised resolution was duly passed and adopted this 5th day of September, 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: September 25, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: ADOPTION OF RESOLUTION 23-71 APPROVING HRA (HEALTH REIMBURSEMENT ARRANGEMENT) PLAN CHANGE FOR ADMINISTRATIVE COSTS AND RESOLUTION NO. 23-72 TERMINATION OF HRA (HEALTH REIMBURSEMENT ARRANGEMENT) RECOMMENDATION:

Adopt Resolution No. 23-71, approving the HRA Plan change for Administrative Charges and Adopt Resolution No. 23-72 Termination of HRA
BACKGROUND:

The City of Angels adopted Resolution 13-34, Approving the establishment of a Health Reimbursement Arrangement. At that time, the City agreed to be solely responsible for the administrative costs of the plan for the participants and that all interest earned would remain in the trust.

DISCUSSION:

Agencies who are enrolled in CalPERS are required to contribute no less than the PEMCHA (Public Employees’ Medical & Hospital Care Act) Minimum every month to either the retiree or to CalPERS. The City decided to have CalPERS reduce the retiree’s pension payments by the amount of the City’s contribution toward their health insurance, which is based on the Memorandum of Understanding at the time the employee retired.

To aid in administrating the retiree “reimbursements,” the City established the trust and named Mid America the Trustee to handle those payments. Mid America then charges a monthly fee per retiree that the City has been paying directly to Mid America.

As the City funded the HRA Trust, there was a balance from pre-funding and ten years of interest earnings, totaling just over fifteen thousand dollars. The City has been paying just over eight thousand dollars per year to handle a total of thirteen retirees inclusive of reimbursements of seven thousand and administrative charges of twelve hundred per quarter.

Staff’s recommendation is to work with Mid America until such time that the balance is zero and then terminate the plan, with the City assuming the responsibility of making the payments directly to the 8E

CITY HALL
Home of the Jumping Frog - Angelscamp.gov
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 retirees at a savings of one-thousand-two-hundred-sixty dollars ($1,260) per year. An alternative is to work with CalPERS to cease reducing the retiree pension payments and bill the City directly for premium costs. This option also comes with an administrative charge that is unknown at this time. Additionally, should the City and Unions find it advantageous to change health plans, the City would need to take over the administration of retiree payments again.

FINANCIAL IMPACT:

An annual savings of $1,260
ATTACHMENTS:

Resolution No. 23-71 Amending the Plan Documents
Resolution No. 23-72 Terminating the HRA Plan
Health Reimbursement Arrangement for Retirees Agreement

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-71

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO AMEND AND RESTATE

THE MIDAMERICA ADMINISTRATIVE & RETIREMENT SOLUTIONS

HEALTH REIMBURSEMENT ARRANGEMENT
WHEREAS,; (the “Employer”) has established and adopted the MidAmerica Administrative & Retirement Solutions Health Reimbursement Arrangement (the “Plan”) for the benefit of its eligible employees and their dependents; and
WHEREAS,; the section of the Plan entitled “Plan Amendments” reserves the right of the Employer to amend the Plan, at any time and in whole or in part, so long as participants are notified and any amendment does not adversely affect the rights of existing participants, and to make changes imposed by the Internal Revenue Service, without notice to participants; and WHEREAS,; the Employer wishes to amend and restate the Plan; and WHEREAS,; a copy of the amended and restated Plan document has been attached; NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the that the Plan is amended and restated by adopting all of the terms of the amended and restated Plan document attached, effective on
PASSED AND ADOPTED this 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-72

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO TERMINATE

THE MIDAMERICA ADMINISTRATIVE & RETIREMENT SOLUTIONS

HEALTH REIMBURSEMENT ARRANGEMENT
WHEREAS,; (the “Employer”) has established and adopted the MidAmerica Administrative & Retirement Solutions Health Reimbursement Arrangement (the “Plan”) for the benefit of its eligible employees and their dependents; and
WHEREAS,; the section of the Plan entitled “Plan Amendments” reserves the right of the Employer to amend the Plan, at any time and in whole or in part, so long as participants are notified and any amendment does not adversely affect the rights of existing participants, and to make changes imposed by the Internal Revenue Service, without notice to participants; and WHEREAS,; the Employer wishes terminate the Plan; and
WHEREAS,; all participants will be notified that the City will terminate the trust per Section 21 of the Plan Documents;
WHEREAS,; the Employer will resume the administration of all payment to retirees; NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the that the Plan will be terminated upon notification to all participants and when all trust funds are expended, effective on
PASSED AND ADOPTED this 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
Health Reimbursement Arrangement for Retirees

Page 1 of 3 ends

Health Reimbursement Arrangement for Retirees

ADOPTION AGREEMENT
for
Employer Address:

Employer Telephone Number:

Employer Identification Number:
    
The undersigned Employer, by executing this Adoption Agreement, hereby adopts and implements the Health Reimbursement Arrangement for Retirees (hereinafter referred to as the “Plan” or the “HRA”) and agrees to abide by the terms of the Plan. With this Adoption Agreement, and by its authorized signature below, the Employer hereby makes the following designations.

Effective Date. The Plan’s Original Effective Date is . The Plan’s Restated Effective Date is . The Plan is available to Retirees of the Employer effective .

Plan Year. The Plan Year ends on .

Eligible Classes. The class or classes of Retirees covered by this Plan are: (See attached Class Specifications.) Class RetA: Class RetB:

Class RetC: Class RetD:

Class RetE: Class RetF:

Designation of Plan Administrator. The Employer hereby designates the following initial Plan Administrator: MidAmerica Administrative & Retirement Solutions, Inc.

Designation of Individuals to Have Access to Protected Health Information (“PHI”). The following Employees, classes of Employees, or other persons shall be given access to the PHI to be disclosed:

The Employer hereby agrees to the provisions of the Plan and has executed this Adoption Agreement on this day of , 20 .

Name of Employer:

Signature:

Print Name:

Title:

Employer CONTACT (print):

Title:

E-Mail:

Telephone: Ext.

Fax:

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Retiree HRA Adoption Agreement – Rev. 07.2015 City of Angels Camp 200 Monte Verda St. Ste B/PO Box 667 Angels Camp CA 95222 209-736-2181 94-6000292 December 1, 2013 January 1, 2023 December 1, 2013 December 31 Retirees Business Office Personnel HR Department Personnel 5th September 23 City of Angels Camp Rebecca Callen City Administrator Rose Beristianos [email protected] (209-736-2181 Health Reimbursement Arrangement for Retirees

Page 2 of 3 ends

Employer Representations
 The Employer intends to reduce its Retirees' medical expenses by providing reimbursement of such expenses, in a limited capacity. The Employer anticipates that participation in the HRA will encourage prospective Retirees to retire earlier, as they will be better able to afford quality health care prior to the age at which they are Medicare eligible.  The Employer may allow Retirees to participate in both the HRA and the Special Pay Plan (403(b)).  Retirees are not permitted to make any election or choice between cash, the HRA, and/or the Special Pay Plan, or any other tax deferred program.
 The Employer will base HRA allocations on its estimates of the costs required to provide a certain amount of medical reimbursements to its Retiree population as that population approaches Medicare age.  The Employer has discretion in determining classes of Employees eligible to participate in the Retiree HRA. Once determined, Retirees in the class shall be treated uniformly and be provided a uniform allocation to the HRA. Such class shall remain in effect for the Employer's entire fiscal year for all affected Retirees in such year and for all future contributions to such class. Each year, the Employer may reevaluate allocations and classes for new Retirees only.  The Employer may gather information from the Retiree to determine the appropriate allocation to the HRA, but individual Participants are not allowed to elect or to determine their allocation.  The Employer will monitor all rehires to ensure that less than two employees are in the Retiree HRA Plan.  The Employer acknowledges that it has received the Plan document for the HRA and agrees with all the terms therein.  The Employer understands that whether a contribution to the HRA is non-elective for tax purposes is a facts and circumstances determination, and the Employer is responsible for whether the contribution is truly non-elective or not. The Employer understands that MidAmerica Administrative & Retirement Solutions, Inc. and its agents and employees are not tax or legal advisors. They may provide general information regarding the tax treatment of health reimbursement arrangements, but the Employer should consult with its own tax or legal advisors as to how tax and other rules may apply to its own facts and circumstances.
 The Employer will not provide any information or forms or enter into any contracts inconsistent with the preceding.

Effective Date Employer Initials
Retiree HRA Adoption Agreement – Rev. 07.2015
December 1, 2013

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: September 5, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: MEDBERRY APN 064-004-033 CODE COMPLIANCE
RECOMMENDATION:

Discussion and recommend upholding the Notice and Order to Abate with an extension BACKGROUND:

Mr. Medberry attended the August 15, 2023, City Council meeting and requested City Council place his issue on the next agenda for discussion.

DISCUSSION:

Legal counsel, code compliance, planning, and the City Administrator met to discuss the Medberry Code Compliance case. Notice and Order was given to Mr. Medberry on August 16, 2023, with the requirement for a compliance date of September 18, 2023.

Staff are recommending extending that compliance date to September 29, 2023, to gather additional information from Mr. Medberry and legal to ensure the City Council has all pertinent information in order to fully understand the consequence of permitting continued inhabitation of the camper versus enforcement. Additional discussion of next steps will occur at the September 19, 2023, City Council meeting.

The Violations on the property noted are:

1.17.110 Public nuisance--Vehicles, boats, trailers, campers, camper shells or similar vehicles. (B.) Used for permanent habitation

1.17.140 Public nuisance--Outdoor storage.
(B.) Personal belongings not designed to withstand the elements, stored outside, in areas visible from public rights-of- way or neighboring properties;
(C.) Construction materials which are stored in areas visible from public rights-of-way or neighboring properties, except when permitted construction is occurring nearby. (Ord. 514 §1 (Att.

B), 2021)
8F

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

1.17.190 Public nuisance--Conditions detrimental to public health, safety or general welfare. It is unlawful and it shall be a public nuisance to maintain property in such condition as to:
(A.) Be detrimental to the public health, safety or general welfare;

1.17.210 Public nuisance--Illegal buildings or structures.

It is unlawful and a public nuisance to maintain a building or structure, or any part thereof, which has been constructed or is maintained in violation of any applicable state or local law or regulation relating to the condition, use or maintenance of such building or structure.

1.17.220 Public nuisance--State housing law.

It is unlawful and a public nuisance whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of "public nuisance" as set forth in California Health and Safety Code Sections 17910 through 17995.5. (Ord. 514 §1 (Att. B), 2021)

17.06.010 Restrictions on building construction, land use. (A.) No building, structure or use of land shall commence, be enlarged or altered unless it is permitted in the zone in which the land is located.

17.06.170 Accessory buildings.
(B.) Accessory Building Established Prior to Principal Permitted Use. The principal permitted use shall be constructed in any zone prior to or current with construction of any structure designed as an accessory building or for an accessory use. (Ord. 425 §2, 2005; Ord. 323 §61, 1992) The following corrections are required:

1.) Remove recreational trailer from the vacant residential lot.

2.) Stop all non-permitted land use.

3.) Stop all non-permitted land development and acquire building permits.

4.) Remove construction equipment and household items from public view.

5.) Acquire building permits for main structure or remove all non-permitted accessory structures.

The normal permit process takes on average 2-3 months from 1st comments to issuance. Our code states 180 days as the maximum time allowed. Currently, the solar plans, site plans, and comment responses has not occurred. The designer is still waiting on a response from Mr. Medberry and cannot proceed until he does.

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
Mr. Medberry has asked that his trailer be transformed into a working office. The City is currently working on temporary provisions that would permit Commercial Construction trailers to be used on site for storage of equipment and office space. Mr. Medberry is not building a commercial property. Additionally, there is no material progress occurring on the permit process and to date, additional structures, further violating Section 1.17.210 Public nuisance--Illegal buildings or structures.

The City has regular and ongoing violations of people trying to illegally camp on public and private property, and the City cannot subjectively enforce one violator over another with liability exposure.

The City just adopted the Critical Infrastructure Ordinance that will allow staff more tools permitting the City to put up signs, cameras, and enforce restricted access on these properties. This will include no camping, no campfires, no overnight parking in areas that have been subject to higher rates of graffiti, overnight parking and camping, and possible illicit behavior.

With the increase in surveillance and notice in these critical areas, it will make them safer for all and deter bad behavior. Over the last twelve months, there have been a total of forty self-initiated reports by Police Officers for suspicious vehicles and none have resulted in any material actions. Mr. Medberry has been present for the last six of those months, with no decrease in those reports.

Before the September 19, 2023, meeting, the city requires documentation of the purchase of the manufactured home, showing production scheduling, all comments responded to for CSG and the home designer to complete design, engineered/professional solar plans with calculations, fire sprinkler plans, site plans, payment of sewer fees, payment of mitigation fees. This effort will be presented to City Council are the September 19, 2023, meeting to determine if progress has been sufficient to have additional conversation.

FINANCIAL IMPACT:

Building, Planning, and Code Compliance staff have spent significant time working with Mr. Medberry beyond any fees collected.

ATTACHMENTS:

N/A
10A

10C

Angels Camp City CouncilSeptember 5, 2023

Angels Camp City Council
September 5, 2023