Agenda packet — Angels Camp City Council, April 16, 2024

CITY COUNCIL MEETING
April 16, 2024 at 6:00 PM
Angels Fire House – 1404 Vallecito Road
AGENDA
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.

CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meetings 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 Michael Chimente, Caroline Schirato, Alvin Broglio, Remote Location 3225 Broadmoor Valley Rd. Colorado Springs, CO 80906, US
City Administrator Rebecca Callen | City Attorney Doug White Join on your computer, mobile app or room device
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1 5:00 PM CLOSED SESSION

1. ROLL CALL

2. ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiators
Property Location: 062-004-061
Agency negotiation: Rebecca Callen, City Administrator
B. Conference with Labor Negotiations (Gov't Code Section 54957.6) Employee Organization: City of Angels Employee's Association (Miscellaneous), City of Angels Firefighter Association, City of Angels Employee's Association (Exempt) 6:00 PM REGULAR MEETING

3. ROLL CALL

4. PLEDGE OF ALLEGIANCE

5. REPORT OUT OF CLOSED SESSION
A. Conference with Real Property Negotiators
Property Location: 062-004-061
Agency Negotiator: Rebecca Callen, City Administrator
B. Conference with Labor Negotiators (Gov't Code Section 54957.6) Employee Organization: City of Angels Employee's Association (Miscellaneous), City of Angels Firefighters Association, City of Angels Employee's Association (Exempt)

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

7. 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.

8. CONSENT AGENDA
A. Approve Draft Minutes of April 2, 2024, Rose Beristianos, City Clerk B. AP Checks and Treasurer Report March 2024, Michelle Gonzalez, Finance Director

9. REGULAR AGENDA
A. Utica Park Update, Amy Augustine, City Planner
B. Public Hearing, Seconded Reading to Consider Adopting Ordinance 539 Eliminating Chapter

17.34 and Incorporating Permitted and Conditional Uses for the Business Attraction and Expansion Zoning District into Chapter 17.37 (Business Attraction and Expansion) and Amending Section 17.37.080(A)(2(a) to Correct a Typographical Error to Clarify that Barbed Wire and Razor Wire Shall not be Visible from Public Rights-of-Way, Amy Augustine, City Planner
C. Acknowledge the completion of the City of Angels Housing Element Annual Report (APR) for 2023, Amy Augustine, City Planner
D. Approve Resolution No. 23-35 Authorizing the City Administrator to Apply for the U.S.

Department of Housing and Urban Development Community Planning and Development Preservation and Reinvestment Initiative for Community Enhancement (Price) Grant 2 Benefitting Manufactured Housing and Manufactured Housing Communities, Amy Augustine, City Planner
E. Discussion and Direction on Slate Circle Lighting Upgrade, Chris O'Flinn, Public Works Superintendent
F. Approve Resolution No. 24-37, Authorizing Participation in and Approving the Amended Joint Powers Agreement of Calaveras County Fire and Appointing the Member Agency Representative and Alternate, Rebecca Callen, City Administrator G. Approve Resolution No. 24-36, Awarding Contract for the Booster Way Project to R. Sutton Enterprises, LLC in an Amount Not to Exceed $639,575.00 and Designate the City Administrator to Execute the Contract, Rebecca Callen, City Administrator H. Discussion and Direction on Various Updates to the Capital Improvement Plan, Rebecca Callen, City Administrator

10. ADMINISTRATION REPORT

11. COUNCIL REPORT

12. CALENDAR
A. April, May Calendar

13. CALENDAR
A. Letter of Support

14. FUTURE AGENDA ITEMS

15. 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.
3 CITY COUNCIL MEETING – DRAFT MINUTES
April 02, 2024 at 6:00 PM
Angels Fire House – 1404 Vallecito Road
AGENDA
Mayor Jennifer Herndon (PRESENT) | Vice Mayor Isabel Moncada (ABSENT) Council Members Alvin Broglio (PRESENT), Michael Chimente (PRESENT), Caroline Schirato (ABSENT)
City Administrator Rebecca Callen (PRESENT) | City Attorney (PRESENT) 5:30PM CLOSED SESSION

1. ROLL CALL – NOTED ABOVE
A. Conference with Real Property Negotiators
Property Location: 062-004-061
Agency Negotiator: Rebecca Callen, City Administrator
6:00 PM REGULAR MEETING

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL – NOTED ABOVE

4. REPORT OUT OF CLOSED SESSION
A. Conference with Real Property Negotiators
Property Location: 062-004-061
Agency Negotiator: Rebecca Callen, City Administrator

5. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: MOTION TO APPROVE BY COUNCIL MEMBER CHIMENTE, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 3 YES, 2 ABSENT

6. PUBLIC COMMENT - NONE

7. CONSENT AGENDA
A. Approve Draft Minutes of Month, March 19, 2024, Rose Beristianos, City Clerk ACTION: MOTION TO APPROVE BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER CHIMENTE, PASSED 3 YES, 2 ABSENT

8. REGULAR AGENDA
A. Habitat Update, Morgan Gace, Executive Director – UPDATE GIVEN B. Utica Park Update, Amy Augustine, City Planner – UPDATE GIVEN C. Introduce, Waive the First Reading, Hold a Public Hearing to Consider Adopting Ordinance 539 Eliminating Chapter 17.34 and Incorporating Permitted and Conditional Uses for the Business Attraction and Expansion Zoning District into Chapter 17.37 (Business Attraction and 4 Section 8, Item A.

Expansion) and Amending Section 17.37.080(A)(2(a) to Correct a Typographical Error to Clarify that Barbed Wire and Razor Wire Shall not be Visible from Public Rights-of-Way, Amy Augustine, City Planner
ACTION: MOTION TO APPROVE SECONDED READING ON APRIL 16, 2024 BY

COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER CHIMENTE, PASSED 3 YES, 2 ABSENT
D. Approve Resolution No. 24-28 Amending the General Plan Circulation Element Reclassifying Roadway to Reflect Updated Traffic Studies, an Updated Roadway Classification System, and Updating the Roadway List to Eliminate Roads that have been Completed or Renamed, Amy Augustine, City Planner
ACTION: MOTION TO APPROVE RESOLUTION NO. 24-28 BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER CHIMENTE, PASSED 3 YES, 2 ABSENT E. Discussion and Direction with Automated Meter Reading (AMR) Project Implementation for Fiscal Year, Chris O'Flinn, Public Works Superintendent

DIRECTION GIVE TO MOVE FORWARD WITH THE AUTOMATED METER READING

PROJECT
F. Approve Resolutions No. 24-30, No. 24-31, No. 24-32, No. 24-33, and No. 24-34 and Designate the City Administrator to Submit Applications for the Designated Grants for WaterRelated Projects, Rebecca Callen, City Administrator ACTION: MOTION TO APPROVE ALL RESOLUTIONS BY COUNCIL MEMBER BROGLIO, SECONDED BY MAYOR HERNDON, PASSED 3 YES, 2 ABSENT
G. Approve the Purchase Order to Acquire a S770 T4 Bobcat Skid-Steer Loader with RMRA SB1 Funds Set Aside for Road Repairs/Crack Sealing, Chris O'Flinn, Public Works Superintendent
ACTION: MOTION TO APPROVE PURCHASE ORDER BY COUNCIL MEMBER CHIMENTE, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 3 YES, 2 ABSENT H. Discussion and Direction on City of Angels Property Placement of Electric Vehicle Charging Installation, Rebecca Callen, City Administrator

DIRECTION GIVEN TO PLACE ONE AT THE NAPA PROPERTY AND ONE AT POLICE

DEPARTMENT
I. Approve Resolution No. 24-29 for Modification to City Hall Building, 200 Monte Verda St. Suite B, Angels Camp and Buget Adjustment, Michelle Gonzalez, Finance Director ACTION: MOTION TO APPROVE RESOLUTION NO. 24-29 BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER CHIMENTE, PASSED 3 YES, 2 ABSENT

9. ADMINISTRATION REPORT – REBECCA CALLEN, CITY ADMINISTRATOR GAVE HER REPORT

10. COUNCIL REPORT – ALL IN ATTENDANCE REPORTED OUT WITH DIRECTION TO HAVE

THE CLERK FORWARD ALL AGENDAS FROM OTHER AGENCIES TO ALL OF COUNCIL FOR THEM TO GET AN UNDERSTANDING OF WHAT IS HAPPEN AT OTHER AGENCIES.

ALSO DISCUSSED TO MOVE THE INFRASTRUCTURE/FACILITIES AND

FINANCE/BUDGET/POLICY TO A QUARTERLY MEETING TO BE HELD AN HOUR BEFORE A

REGULAR MEETING

11. CALENDAR – CLERK REVIEWED THE CALENDAR, SCHEDULED A SPECIAL MEETING ON APRIL 23RD FOR COUNCIL HANDBOOK
A. April Calendar
5 Section 8, Item A.

12. FUTURE AGENDA ITEMS:

REQUEST FOR QUALIFICATION TO ESTABLISH A LIST FOR SERVICES SUCH AS

ENGINEERING, CONTRACTORS, UNDERGROUND, ARCHITECT, SURVEYORS

LIGHTING

CALAVERAS FIRE JPA AGREEMENT

WEED ABATEMENT, CRACK SEALING, PUBLIC WORKS SCHEDULE

13. ADJOURNMENT
ACTION: MOTION TO ADJOURN THE MEETING AT 8:42PM BY COUNCIL MEMBER BROGLIO, SECONDED BY MAYOR HERNDON, PASSED 3 YES, 2 ABSENT ________________________________
______________________________ Jennifer Herndon, Mayor
Rose Beristianos, City Clerk
6 Section 8, Item A.

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog  Angelscamp.gov
MEETING DATE: April 16, 2024
TO: City Council
FROM: Michelle Gonzalez, Finance Director
RE: Monthly Accounts Payable (AP) Checks and Treasury Report

BACKGROUND
Accounts Payable and Treasury Reports for Council Review.

DISCUSSION
Staff is providing Council with the Accounts Payable and Treasury Report for the month of March 2024

FISCAL IMPACT
No fiscal impact

ATTACHMENTS

1. Accounts Payable Checks March, 2024

2. Treasury Report March
7 Section 8, Item B.

User:

Printed:

Systems:
92182 Calaveras County - Administration VIDEOGRAPHER FOR COUNCIL MEETING 3/12/24 03/28/2024 311.75 0 NEXUS TECHNOLOGIES Software Subscription Services FY 23-24: G1 Microsoft 365 03/15/2024 164.14 92125 Calaveras County - Administration VIDEOGRAPHER COUNCIL MEETING 2/27 03/15/2024 274.34 Total for Department: 0000 No Dept 261,240.44
Department: 1000 City Officials
0 CONETH SOLUTIONS, INC. IT services for FY 23/24 03/07/2024 183.77 3292404 CalPERS Financial Reporting & Accounting Services CALPERS 3/10-3/23/24 03/29/2024 22,799.80 3292405 Valic PAYROLL DEDUCTION 3/29/24 03/29/2024 1,580.00 3292402 Internal Revenue Service PAYROLL TAXES 3/29/24 03/29/2024 25,971.46 3292403 Employment Development Dept. CALIFORNIA PAYROLL TAXES 3/15/24 03/29/2024 4,840.38 3152405 Employment Development Dept. CALIFORNIA PAYROLL TAXES 3/15/24 03/15/2024 4,339.23 3282401 Stanislaus County Department of Child Support CHILD SUPPORT DEDUCTION 03/28/2024 440.00 3152403 Stanislaus County Department of Child Support CHILD SUPPORT DEDUCTION 03/15/2024 440.00 3152404 Internal Revenue Service PAYROLL TAXES 3/15/24 03/15/2024 23,162.56 3102401 CALPERS HEALTH MEDICAL CLEARING 03/10/2024 39,924.94 3152402 Valic PAYROLL DEDUCTION 3/15/24 03/15/2024 1,380.00 3012404 Internal Revenue Service TAX DEDUCTIONS FED INCOME TAX 03/01/2024 24,694.99 3012405 Employment Development Dept. CA SDI 03/01/2024 4,732.10 3012402 Stanislaus County Department of Child Support CHILD SUPPORT DEDUCTION 3/1 03/01/2024 440.00 3012403 Valic PAYROLL DEDUCTION 3/1 03/01/2024 1,380.00 92195 Signal Service Inc. BURGLAR ALARM SYSTEM 4/1-6/30/24 03/28/2024 2,129.67 3012401 CalPERS Financial Reporting & Accounting Services EMPLOYEE HEALTH BENEFITS 3/1 03/01/2024 23,025.89 92108 Operating Engineers Local Union No. 3 BILLED CYCLE 2/2024-1 03/07/2024 848.00 92166 CSJVRMA WORKERS COMPENSATION PROGRAM 03/21/2024 52,470.00 0 Hunt & Sons LLC. INVOICE 901454 DELIVERY DATE 3/12 03/15/2024 1,647.57 31524 CalPERS Financial Reporting & Accounting Services CALPERS 2/25-3/09/24 03/15/2024 22,496.10 933.60
0 Hunt & Sons LLC. DELIVERY DATE 3-4-24 03/07/2024 1,564.15 Fund: 010 General Fund
Department: 0000 No Dept
0 Angels Camp Police Officer's Association POLICE OFFICERS PAYROLL DEDUCTIONS 03/07/2024 'AP'
Check No. Vendor/Employee Transaction Description Date Amount Bank Reconciliation
Board Audit
mgonzalez
04/11/2024 - 12:22PM
Date Range: 03/01/2024 - 03/31/2024
8 Section 8, Item B.

Check No. Vendor/Employee Transaction Description Date Amount 92112 Quadient Finance USA, Inc POSTAGE REFILL 03/07/2024 90.00 92106 Mountain Oasis Purified Water WATER REFILLS FOR FEBRUARY 03/07/2024 21.38 92107 No Contract Pest Control, Inc. GENERAL PEST CONTROL SERVICES FOR ANGELS CITY HA 03/07/2024 32.40 92088 Bret Harte High School USE OF MULTIPURPOSE ROOM ON 3-7-24 03/06/2024 5.00 92102 Interwest Consulting Group Inc. All Hazards Planning Codes/Planning Consultant 03/07/2024 2,572.50 0 CONETH SOLUTIONS, INC. IT services for FY 23/24 03/07/2024 73.51 0 NEXUS TECHNOLOGIES Software Subscription Services FY 23-24: Barracuda 03/15/2024 35.90 Department: 4000 Building & Planning Department
0 Calaveras Power Agency Power - City Locations 03/15/2024 69.00 3282410 WEX BANK FEB 28- MAR 22 03/28/2024 14.00
Total for Department: 3000 Finance & General Admin 59,796.63 3212401 City of Angels 5103 UB 03/21/2024 197.14
3212402 City of Angels 5094 UB 03/21/2024 237.70
92191 Longson Paper Shredding 1 64 GALLON CONTAINER PICKED UP TO SHRED 03/28/2024 60.00 3102401 CALPERS HEALTH RETIREE BENEFIT 03/10/2024 2,663.63 92183 Cisco Fire Sprinklers, Inc. FIRE EXTINGUISHER CERTIFICATION TAG MUSEUM 03/28/2024 735.00 92190 Laurie Boire CLEANING THE CITY HALL FOR MARCH 2024 03/28/2024 100.00 92161 REBECCA CALLEN TRAINING/TRAVEL 12/7/23-1/31/24 03/21/2024 106.14 92166 CSJVRMA LIABILITY PROGRAM 03/21/2024 35,987.00
92147 Quill Corporation TRASH BAG/ SWIFFER KIT 03/15/2024 46.26 92153 Toshiba Financial Services SERVICES 2/23-3/23/24 03/15/2024 877.57 92111 Quadient ISPFA/ METER RENTAL 03/07/2024 118.19
92112 Quadient Finance USA, Inc POSTAGE REFILL 03/07/2024 210.00 92106 Mountain Oasis Purified Water WATER REFILLS FOR FEBRUARY 03/07/2024 49.87 92107 No Contract Pest Control, Inc. GENERAL PEST CONTROL SERVICES FOR ANGELS CITY HA 03/07/2024 75.60 92097 Code Publishinig Company MUNICIPAL CODE -WEB UPDATE 03/07/2024 2,992.00 92103 Laurie Boire CLEANING THE CITY HALL. FEB 2024 03/07/2024 100.00 92094 Calaveras Lumber Co., Inc. SLOAN 4.5 GPF CLOSET KIT 03/07/2024 35.55 92095 California Certified Appraisers 753 S MAIN, 058-028-028-000, 584 S MAIN ST, 060-006-008-000 03/07/2024 2,500.00 0 NEXUS TECHNOLOGIES Software Subscription Services FY 23-24: Barracuda 03/15/2024 191.47 0 Price Paige & Company, CPA, LLP Audit Services FYE 06/30/2023 03/21/2024 6,205.00 0 CSJVRMA ACH TEST 03/25/2024 0.01
0 Employee Relations, Inc. CRIMINAL COURT ACCESS FEE/DOCKET PROCESSING FEE 03/07/2024 15.20 0 CDK Supply FLOOD LIGHT 03/15/2024 313.37
0 CONETH SOLUTIONS, INC. IT services for FY 23/24 03/07/2024 4,856.02 Total for Department: 1500 City Attorney 7,268.00
Department: 3000 Finance & General Administrati
0 Calaveras Power Agency Power - City Locations 03/15/2024 1,109.91 Department: 1500 City Attorney
0 White Brenner, LLP Legal services for The City for FY 23/24 03/21/2024 7,268.00 Total for Department: 1000 City Officials 934.00
9 Section 8, Item B.

Check No. Vendor/Employee Transaction Description Date Amount 92158 ARNOLD PET CLINIC CANINE MAINT. FOR ANGELS POLICE DEP. 03/21/2024 234.45 92147 Quill Corporation PAPER SUPPLIES 03/15/2024 168.97 92153 Toshiba Financial Services SERVICES 2/23-3/23/24 03/15/2024 307.95 92141 Mark Twain Union Elementary VEHICLE MAINT ANGELS CAMP POLICE DEP. 03/15/2024 333.55 92142 MCI LONG DISTANCE SERVICE 03/15/2024 45.28
92122 AT&T Billing Service 3/4-4/3/24 03/15/2024 133.75 92127 Crescent Supply ACADEMY RECRUIT 03/15/2024 431.99 92107 No Contract Pest Control, Inc. GENERAL PEST CONTROL SERVICES FOR ANGELS POLICE 03/07/2024 108.00 92109 O'Reilly Automotive, Inc. ANTIFREEZE/ SEAL REPAIR ANGELS POLICE DEP 03/07/2024 99.06 0 Top Dog Police K9 Training & Consulting K-9 Training for FY 23/24 03/07/2024 250.00 92103 Laurie Boire CLEANING THE POLICE DEP. FEB 2024 03/07/2024 120.00 0 CONETH SOLUTIONS, INC. IT services for FY 23/24 03/07/2024 1,632.10 0 NEXUS TECHNOLOGIES Software Subscription Services FY 23-24: Barracuda 03/15/2024 411.63 Total for Department: 6000 Fire Department 7,074.03
Department: 6100 Police Department
0 Calaveras Power Agency Power - City Locations 03/15/2024 710.13 92183 Cisco Fire Sprinklers, Inc. FIRE EXTINGUISHER CERTIFICATION TAG FIRE STATION # 03/28/2024 260.00 3212406 City of Angels 5105 UB 03/21/2024 207.28
92169 Life - Assist, Inc. SUPPLIES FOR ANGELS CAMP FIRE DEPARTMENT 03/21/2024 352.51 92181 AT&T Mobility ON-CALL PHONE SERVICES 03/28/2024 160.96 92153 Toshiba Financial Services SERVICES 2/23-3/23/24 03/15/2024 304.78 92162 CALAVERAS AUTO SUPPLY CORE DEPOSIT PART NUMBER 2584 03/21/2024 162.00 92104 Todd McNeal S-290 INTERMEDIATE FIRE BEHAVIOR 2/26-2/29 03/07/2024 3,200.00 92107 No Contract Pest Control, Inc. GENERAL PEST CONTROL SERVICES FOR ANGELS FIRE DE 03/07/2024 108.00 92096 CALAVERAS AUTO SUPPLY PART NUMBER 7236/7236/520 SUPPLIES FOR ANGELS FIRE D 03/07/2024 1,275.58 92100 LANCE GUNTER EMT RENEWAL 03/07/2024 87.00
0 NEXUS TECHNOLOGIES Software Subscription Services FY 23-24: G3 Microsoft 365 03/15/2024 323.05 92094 Calaveras Lumber Co., Inc. INV 15250-SUPPLIES FOR FIRE DEP. 03/07/2024 267.32 Total for Department: 4000 Building & Planning Dep 20,627.74 Department: 6000 Fire Department
0 Calaveras Power Agency Power - City Locations 03/15/2024 365.55 92193 Quill Corporation 2 BOXES MANILLA FOLDERS 03/28/2024 82.95 3212403 City of Angels 5124 UB 03/21/2024 200.52
92183 Cisco Fire Sprinklers, Inc. FIRE EXTINGUISHER CERTIFICATION TAG BUILDING DEP. 03/28/2024 10.00 92187 iWorQ Systems Inc COMMUNITY DEVELOPMENT PACKAGE (ENTERPRISE PAC 03/28/2024 666.67 92170 PRO-WEST & ASSOCIATES, INC 40 Block of time support package 2/1/24 - 1/31/2025 03/21/2024 1,525.00 92172 Roark Weber, P.E. PROFESSIONAL SERVICES FOR FRBRUARY 2024 03/21/2024 1,630.50 92153 Toshiba Financial Services SERVICES 2/23-3/23/24 03/15/2024 376.08 92165 CSG Consultants, Inc. COMBINATION BUILDING INSPECTOR-BRIAN ODOM. SERV 03/21/2024 3,873.00 92135 Interwest Consulting Group Inc. All Hazards Planning Codes/Planning Consultant 03/15/2024 752.50 92147 Quill Corporation TRASH BAG/ SWIFFER KIT 03/15/2024 19.83 92128 CSG Consultants, Inc. BUILDING PLAN REVIEW SERVICES 2/1-2/29/24 03/15/2024 8,591.00 10 Section 8, Item B.

Check No. Vendor/Employee Transaction Description Date Amount Total for Department: 7010 Public Works General 12,929.03 Total for Fund:010 General Fund 377,651.64
3262411 Pacific Gas & Electric Co 6234503521-6 03/25/2024 174.73 3262411 Pacific Gas & Electric Co 2752060857-4 03/26/2024 264.95 3212413 City of Angels 5100 UB 03/21/2024 293.47
3212414 City of Angels 11672 UB 03/21/2024 197.14
3212411 City of Angels 5104 UB 03/21/2024 304.20
3212412 City of Angels 5107 UB 03/21/2024 486.71
3212409 City of Angels 5095 UB 03/21/2024 288.40
3212410 City of Angels 5096 UB 03/21/2024 486.71
3212405 City of Angels 5418 UB 03/21/2024 60.84
3212408 City of Angels 5070-001 UB 03/21/2024 198.83
92194 Sierra Motors INV 217256 PART NUMBER 23402962 03/28/2024 885.03 3052411 Pacific Gas & Electric Co 8201396299-6 03/05/2024 3,207.96 92181 AT&T Mobility ON-CALL PHONE SERVICES 03/28/2024 17.29 92185 Gold Electric, Inc. BUCKET TRUCK AND OPERATOR PROVIDED TO REMOVE 03/28/2024 135.00 92160 Cal.net SERVICES FOR PUBLIC WORKS 4/3/24-5/3/24 03/21/2024 133.38 92163 Campora Propane Service INV 6157565 N=SPRINGHOUSE RD #1 03/21/2024 9.29 92129 Gold Electric, Inc. Bucket truck used to hang banner 3/4-3/27 03/15/2024 487.50 92146 Pine Alley Saw Shop INV-15428 SUPPLIES FOR PUBLIC WORKS 03/15/2024 539.35 92121 ARAMARK ACCOUNT NUMBER - 860016572 03/15/2024 442.59 92126 Campora Propane Service PROPANE FUEL INV-6157288 03/15/2024 2.79 92114 Sam Berri Towing TOWING CHVROLET SILVERADO FOR PUBLIC WORKS 03/07/2024 125.00 92120 Aramark ACCOUNT 110003145 03/15/2024 184.12
92109 O'Reilly Automotive, Inc. TERRY TOWELS 03/07/2024 183.28 92113 Safe-T-Lite General Fund/Mark Twain School Signs/Materials & Supplies 03/07/2024 352.00 92099 General Plumbing Supply General Fund/Mark Twain School Signs/Materials & Supplies 03/07/2024 585.26 92105 MotherLode Answering Service, Inc. BASIC SERVICES 03/07/2024 126.68 0 NEXUS TECHNOLOGIES Software Subscription Services FY 23-24: G3 Microsoft 365 03/15/2024 215.36 92094 Calaveras Lumber Co., Inc. INV 14704 -SUPPLIES FOR PUBLIC WORKS 03/07/2024 159.47 0 CONETH SOLUTIONS, INC. IT services for FY 23/24 03/07/2024 540.29 0 El Dorado Septic Service, Inc. PORTABLE TOILET RENTAL 3/18-4/14/24 03/21/2024 242.44 Total for Department: 6100 Police Department 7,781.77
Department: 7010 Public Works General
0 Calaveras Power Agency Power - City Locations 03/15/2024 1,598.97 92190 Laurie Boire CLEANING THE POLICE DEPARTMENT FOR MARCH 2024 03/28/2024 120.00 3212407 City of Angels 5110 UB 03/21/2024 311.40
92183 Cisco Fire Sprinklers, Inc. FIRE EXTINGUISHER CERTIFICATION TAG POLICE DEP. 03/28/2024 160.00 92189 Jays Tires K9 PROGRAM FOR ANGELS POLICE DEP. 03/28/2024 1,742.64 92164 Crescent Supply SUPPLIES FOR THE POLICE DEP 03/21/2024 234.03 92167 Department of Justice INV-719893 FINGERPRINT APPS/FBI/ CCW INITIAL 03/21/2024 93.00 92160 Cal.net SERVICES FOR POLICE DEP 4/3/24-5/3/24 03/21/2024 133.84 11 Section 8, Item B.

Check No. Vendor/Employee Transaction Description Date Amount 3212443 City of Angels-LLD MAIN ENT @POND 03/21/2024 486.71 Total for Department: 9003 Landscape & Lighting Di 15,144.76 3212441 City of Angels-LLD MC CAULEY RNCH 03/21/2024 60.84 3212442 City of Angels-LLD DRIVING RANGE 03/21/2024 304.20 3212439 City of Angels-LLD LOT209 SMITH FLAT RD 03/21/2024 60.84 3212440 City of Angels-LLD LOT207 OLIVIA PL - LLD landscaping 03/21/2024 172.38 3212437 City of Angels-LLD LOT153 MIWUK WY 03/21/2024 60.84 3212438 City of Angels-LLD LOT192 SMITH FLAT RD 03/21/2024 87.88 3212435 City of Angels-LLD LOT189 SMITH FLAT RD 03/21/2024 70.98 3212436 City of Angels-LLD LOT153 MIWUK WY 03/21/2024 60.84 3212433 City of Angels-LLD LOT174 SMITH FLAT RD 03/21/2024 76.05 3212434 City of Angels-LLD LOT179 SMITH FLAT RD 03/21/2024 65.91 3212431 City of Angels-LLD LOT169 SMITH FLAT RD 03/21/2024 86.19 3212432 City of Angels-LLD LOT172 SMITH FLAT RD 03/21/2024 62.53 3212429 City of Angels-LLD LOT166 SMITH FLAT RD 03/21/2024 60.84 3212430 City of Angels-LLD LOT167 SMITH FLAT RD 03/21/2024 60.84 3212427 City of Angels-LLD SMITH FL & SELKIRK 03/21/2024 152.10 3212428 City of Angels-LLD LOT164 SMITH FLAT RD 03/21/2024 64.22 3212425 City of Angels-LLD X FROM GATEWAY PARK 03/21/2024 130.13 3212426 City of Angels-LLD FIDDLERS CT 03/21/2024 64.22 3212423 City of Angels-LLD LOT 71 SELKIRK RANCH 03/21/2024 62.53 3212424 City of Angels-LLD MEDIAN GRRENHORN CRK DRIVE 03/21/2024 256.88 3212421 City of Angels-LLD LOT 80 SELKIRK RANCH 03/21/2024 74.36 3212422 City of Angels-LLD LOT 67 SELKIRK RANCH 03/21/2024 65.91 3052411 Pacific Gas & Electric Co 0109500784-3 03/05/2024 205.86 3212420 City of Angels-LLD LOT 9 SELKIRK RANCH 03/21/2024 60.84 92185 Gold Electric, Inc. REPLACED LIGHTBULB IN IRONWOOD CT 03/28/2024 238.86 92196 STEVE WILCOX REIMB. TO STEVE WILCOX FOR TRACTOR SUPPLY ORDER 03/28/2024 836.22 92098 Distinctive Metals HISTORICAL TRAIL RESTORATION 03/07/2024 667.26 92156 Adam Davis A-8 FENCE POST 03/21/2024 400.00
0 California Landscaping & Design Inc LLD Landscaping Services- Blanket PO for 23/24 03/28/2024 8,887.50 92093 BURNOR OUTDOOR SERVICES CHIPPING BUSH, LEAVING FIREWOOD 03/07/2024 1,200.00 Total for Department: 2011 General GF Grants 24,016.85
Total for Fund:115 General Fund Projects 24,016.85
Fund: 245 Lighting/Landscape District
Department: 9003 Landscape & Lighting District
0 Robert E. Boyer Construction, Inc. Community Enhancement Projects/Utica Park Expansion Rural Rec/ 03/15/2024 9,271.12 92168 GEOCON Consultants Community Enhancement Projects/Utica Park Expansion Rural Rec/ 03/21/2024 14,745.73 Fund: 115 General Fund Projects
Department: 2011 General GF Grants
12 Section 8, Item B.

Check No. Vendor/Employee Transaction Description Date Amount 92142 MCI LONG DISTANCE SERVICE 03/15/2024 21.47
92134 Industrial Electrical Co. Inc 10 HP Motor for sludge pump with thermostat lacing 03/15/2024 2,589.45 92136 Javelina Trading Company PAST DUE INVOICE MARKING PAINT 03/15/2024 191.25 92131 JEREMY HEISTER WASTEWATER GRADE II RENEWAL 03/15/2024 248.00 92132 Helix Environmental Solutions SUPPLIES FOR WASTE WATER 03/15/2024 1,208.31 92120 Aramark ACCOUNT 110003145 03/15/2024 184.12
92122 AT&T Billing Service 3/4-4/3/24 03/15/2024 668.75 92117 Utica Water & Power Authority S-126 WATER DATA COLLECTION 03/07/2024 400.00 92119 XYLEM Water Solutions U.S.A., Inc. 3 lamp NLR1520, 2 UV sensors 03/07/2024 3,840.23 92106 Mountain Oasis Purified Water WATER REFILLS FOR FEBRUARY 03/07/2024 100.50 92109 O'Reilly Automotive, Inc. ADAPTER 03/07/2024 181.16 92094 Calaveras Lumber Co., Inc. INV 14544 -SUPPLIES FOR WASTEWATER 03/07/2024 597.51 92105 MotherLode Answering Service, Inc. BASIC SERVICES 03/07/2024 88.67 92089 Alpha Analytical Laboratories, Inc. Wastewater testing for FY 23/24 03/07/2024 2,136.00 92090 Angels Food Market BAGGED ICE X2 03/07/2024 5.37
0 Watson - Marlow, Inc 2-Bredel 80 Natural rubber metering, 13- 2.5 gallons can hose lu 03/07/2024 9,561.41 0 Watson - Marlow, Inc SALES ORDER S252818 03/28/2024 1,293.95 0 Springbrook Holding Company LLC CIVICPAY/IVR TRANSACTION FEES FEB 2024 03/07/2024 394.00 0 USABlueBook SUPPLIES FOR WASTEWATER 03/15/2024 424.13 0 NEXUS TECHNOLOGIES Software Subscription Services FY 23-24: G3 Microsoft 365 03/15/2024 107.66 0 Northstar Chemical Wastewater treatment chemicals 03/28/2024 4,203.33 0 DataProse LLC BILL PERIOD 2/1-2/29 03/07/2024 801.68
0 Employee Relations, Inc. CRIMINAL COURT ACCESS FEE/DOCKET PROCESSING FEE 03/07/2024 11.40 0 Calaveras Power Agency Power - City Locations 03/15/2024 22,454.63 0 CONETH SOLUTIONS, INC. IT services for FY 23/24 03/07/2024 705.04 Total for Department: 0000 No Dept 28,278.71
Department: 8000 Sewer O&M
0 Bartle Wells Associates Professional services for Water/Wastewater rate study 03/15/2024 5,145.00 92116 ZACHARY KOCH Refund Check 009085-000, 361 MURPHYS GRD RD 03/07/2024 100.00 92184 Department of Water Resources DAM FEE- HOLMAN 2006.000 03/28/2024 28,075.00 Total for Fund:272 TOT-Tourism 1,855.66
Fund: 300 Sewer O&M
Department: 0000 No Dept
92115 AUSTIN HUFFMAN Refund Check 010516-000, 1770 S MAIN ST 03/07/2024 103.71 3212404 City of Angels 5101 UB 03/21/2024 198.83
Total for Department: 3002 1,855.66
Total for Fund:245 Lighting/Landscape District 15,144.76 Fund: 272 TOT-Tourism
Department: 3002
0 Calaveras Power Agency Power - City Locations 03/15/2024 1,656.83 13 Section 8, Item B.

Check No. Vendor/Employee Transaction Description Date Amount Total for Department: 8001 Water O&M 25,630.74
Total for Fund:350 Water O&M 25,630.74
92183 Cisco Fire Sprinklers, Inc. FIRE EXTINGUISHER CERTIFICATION TAG PUBLIC WORKS 03/28/2024 130.00 92192 CALEB MASON REIMBURSEMENT FOR T3 TREATMENT CERT. 03/28/2024 90.00 92170 PRO-WEST & ASSOCIATES, INC 40 Block of time support package 2/1/24 - 1/31/2025 03/21/2024 1,830.00 92171 STATE WATER RESOURCES CONTROL BOARD D2 RE-EXAMINATION FEES FOR DAKOTA WEST 03/21/2024 45.00 92144 OCT Water Quality Academy 2-DAY WATER TREATMENT EXAM REVIEW GR 1-2 03/15/2024 675.00 92160 Cal.net SERVICES FOR WATER TREATMENT PLANT 4/3/24-5/3/24 03/21/2024 168.38 92136 Javelina Trading Company PAST DUE INVOICE MARKING PAINT 03/15/2024 191.25 92140 MARTIN MARIETTA MATERIALS 3/4" AGG BASE -SUPPLIES FOR WATER TREATMENT PLAN 03/15/2024 128.79 92109 O'Reilly Automotive, Inc. COOLANT HOSE X2 ANTIFREEZE 03/07/2024 226.88 92110 Pace Supply Corp. SUPPLIES FOR PUBLIC WORKS 03/07/2024 1,357.61 92101 JEREMY HEISTER T1 WATER EXAM 03/07/2024 50.00
92105 MotherLode Answering Service, Inc. BASIC SERVICES 03/07/2024 38.01 92091 American Water Works Association Membership renewal for member number 00405908 03/07/2024 501.00 92094 Calaveras Lumber Co., Inc. INV 14800 -SUPPLIES FOR WATER TREATMENT PLANT 03/07/2024 46.58 0 Springbrook Holding Company LLC CIVICPAY/IVR TRANSACTION FEES FEB 2024 03/07/2024 394.00 92089 Alpha Analytical Laboratories, Inc. Water treatment testing for FY 23/24 03/07/2024 801.00 0 NEXUS TECHNOLOGIES Software Subscription Services FY 23-24: G3 Microsoft 365 03/15/2024 107.69 0 Northstar Chemical Water treatment chemicals 03/28/2024 9,211.39 0 Employee Relations, Inc. CRIMINAL COURT ACCESS FEE/DOCKET PROCESSING FEE 03/07/2024 11.40 0 McMaster-Carr AIR RELEASE VALVE FOR DRINKING WATER 03/07/2024 557.39 0 CONETH SOLUTIONS, INC. IT services for FY 23/24 03/07/2024 521.27 0 DataProse LLC BILL PERIOD 2/1-2/29 03/07/2024 557.10
0 Bartle Wells Associates Professional services for Water/Wastewater rate study 03/15/2024 5,145.00 0 Calaveras Power Agency Power - City Locations 03/15/2024 2,846.00 Total for Department: 8000 Sewer O&M 82,861.14
Total for Fund:300 Sewer O&M 111,139.85
Fund: 350 Water O&M
Department: 8001 Water O&M
92188 Javelina Trading Company SUPPLIES FOR ANGELS CAMP WASTEWATER DEP. 03/28/2024 325.72 92197 XYLEM Water Solutions U.S.A., Inc. UV Parts 03/28/2024 9,991.85 92183 Cisco Fire Sprinklers, Inc. FIRE EXTINGUISHER CERTIFICATION TAG WASTE WATER 03/28/2024 270.00 92186 Helix Environmental Solutions SUPPLIES FOR WASTE WATER 03/28/2024 1,208.31 92170 PRO-WEST & ASSOCIATES, INC 40 Block of time support package 2/1/24 - 1/31/2025 03/21/2024 2,745.00 92180 Aerzen USA Corporation SPARE PARTS 03/28/2024 3,131.80 92157 Aqua Ben Corporation Poly for belt filter press 03/21/2024 4,344.48 92160 Cal.net SERVICES FOR WASTE WATER 4/3/24-5/3/24 03/21/2024 158.38 92149 Sonora Airco Gas & Gear CYLINDER RENEWAL -2/25 03/15/2024 8.00 92155 XYLEM Water Solutions U.S.A., Inc. SUPPLIES FOR WASTEWATER 03/15/2024 2,917.85 92147 Quill Corporation SUPPLIES WATER TREATMENT PLANT 03/15/2024 196.73 14 Section 8, Item B.

Check No. Vendor/Employee Transaction Description Date Amount Total for Fund:417 Retiree Health 2,326.82
Grand Total 567,610.55
92154 CAROL WOOLF RETIREE BENEFIT MARCH 24 03/15/2024 46.30 Total for Department: 3000 2,326.82
92151 Anthony Tacheira RETIREE BENEFIT MARCH 24 03/15/2024 291.15 92152 Tinnin, Jennifer RETIREE BENEFITS MARCH 24 03/15/2024 46.30 92148 Pamela Satterfield RETIREE BENEFIT MARCH 24 03/15/2024 46.30 92150 Richard Soracco RETIREE BENEFITS MARCH 24 03/15/2024 46.30 92143 William Nuttall RETIREE BENEFIT 03/15/2024 249.60 92145 Faye Perata RETIREE BENEFIT MARCH 24 03/15/2024 291.15 92138 Judy King RETIREE BENEFIT MARCH 24 03/15/2024 67.08 92139 Kitchell, Jonathan RETIREE BENEFIT MARCH 24 03/15/2024 255.81 92133 JIM HESS RETIREE BENEFITS 03/15/2024 67.08
92137 Mary Kelly RETIREE BENEFITS MARCH 24 03/15/2024 46.30 92124 Gary Burns RETIREE BENEFIT MARCH 24 03/15/2024 291.15 92130 Richard Hamm RETIREE BENEFITS 03/15/2024 291.15
Total for Fund:405 LAFCO Trust Fund 9,374.23
Fund: 417 Retiree Health
Department: 3000
92123 Billy Brown RETIREE BENEFITS MARCH 2023 03/15/2024 291.15 92118 The Valley Springs News RCD HEARING MSR AND SOI 03/07/2024 36.00 Total for Department: 9001 LAFCO 9,374.23
Total for Fund:365 Water Capital Replacement 470.00
Fund: 405 LAFCO Trust Fund
Department: 9001 LAFCO
92092 John Benoit STAFF SERVICES JANUARY 2024 03/07/2024 9,338.23 92159 Black Water Consulting Engineers, Inc. City of Angels WTP Upgrade- Blanket PO FY 23-24 03/21/2024 470.00 Total for Department: 2032 Water Capital Replaceme 470.00 Fund: 365 Water Capital Replacement
Department: 2032 Water Capital Replacement
15 Section 8, Item B.

Operating Portfolios Beginning Balance Ending Balance Accrued Interest Bank Fees % of Total Main Checking (Bank of Stockton) $ 518,585 $ 380,812 $ 20 $ 211 1% Checking (US Bank) 256,139 302,391 1%
Money Market (Bank of Stockton) 9,034,276 9,366,802 32,526 35% Local Agency Investment Fund (LAIF) * 6,604,315 6,604,315 24% Certificate of Deposit (Bank of Stockton) ** 10,344,579 10,464,000 119,421 39% TOTAL OPERATING FUNDS $ 26,757,894 $ 27,118,320 $ 151,967 $ 211 100% * Interest recorded Quarterly (Dec 2023)
** CD opened 6/30/2023 interest rate 5.10% Term 12 months Total Interest Earned FY 22/23 $ 360,501
Total Interest Earned FY 23/24 $ 893,221
March 31, 2024

CITY OF ANGELS

TREASURER'S REPORT
For the Month Ended
1% 1%
35%
24%
39%
Composition of Operating Portfolios
March 31, 2024
Main Checking (Bank of Stockton)
Checking (US Bank)
Money Market (Bank of Stockton)
Local Agency Investment Fund
(LAIF) *
Certificate of Deposit (Bank of
Stockton) **
$20
32,526
$211
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Main Checking (Bank of Stockton)
Checking (US Bank)
Money Market (Bank of Stockton)
Local Agency Investment Fund (LAIF) *
Interest Earnings/Bank Fees
March 31, 2024
Accrued Interest Bank Fees
16 Section 8, Item B.

COMMUNITY AND ECONOMIC DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 DATE: April 16, 2024
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Rural Recreation and Tourism Program - Utica Park Lightner Mine Expansion Project Update RECOMMENDATION:

Acknowledge and accept updates.

STRATEGIC PLAN ALIGNMENT:

A4: Economic Development: Promote a wide variety of economic opportunities consistent with the city's social, cultural, environmental, and aesthetic resources. The proposed Rural Recreation and Tourism grant park project is intended to increase tourism through park enhancements including a stage, historical (cultural) interpretation trail, and improved pavilion for outdoor events. A new children’s playground, adult/teen exercise equipment, bocce courts, hardcourts, improved pavilion and stage are intended to encourage social interactions with local theatre productions, local musical performances, movies in the park and enhanced outdoor spaces for other local events.

A5: Economic Development: Maintain and enhance the city's economic vitality while conserving the city's social, cultural, environmental, and aesthetic resources. See above.

B2 Community Identity: Design new development to be compatible with the natural, scenic, and cultural resources and rural character of Angels Camp. The Community Stakeholders Design Committee will assist with park design to ensure compatibility with cultural resources and rural character.

C7: Public Facilities and Services: Maintain or increase the levels of service currently available within Angels Camp for park facilities and infrastructure. The project will increase the size of Utica Park by 3.8± acres, add or improve numerous park amenities, and upgrade and expand infrastructure increasing the level of park facilities available to all age groups and ability levels for residents and visitors.

BACKGROUND:

Consistent with direction from the City Council, attached is an update on the above-captioned project through April 9, 2024.

Boyer was selected to design and build the project. A notice to proceed will be issued upon City approval of the site layout plans, receipt of initial construction documents for the first project phase, and issuance of initial city permits for the first project phase.
 Staff is requesting input from the City Council on the attached site layout at its April 16, 2024, meeting.  The site layout was received 4/9/24 and went before the Utica Park Planning Committee on Friday, April 12, 2024.
 A revised timeline from Boyer with construction occurring in phases will be presented at the 4/16/24 City Council meeting.
 Playground equipment has been ordered.
17 Section 9, Item A.

COMMUNITY AND ECONOMIC DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346  The park’s Constant Contact e-mail notification database created for persons interested in park updates, newsletters, status reports includes 184 individuals. Please send an e-mail to [email protected] with a subject line “Utica Park” to receive notifications.
 Parties interested in sponsoring a memorial tree or a memorial bench are encouraged to submit their name to [email protected]. To date, there are five individuals expressing interest. Signing up does not commit individuals to a purchase. Interested persons will be notified once costs are determined.  The next interpretive sign committee meets April 24, 2024. Committee members are Judith Marvin (historian), Tad Folendorf (historian), James G. Respess, Ph.D. (graphic design), Amy Augustine, Rebecca Callen.

Interpretive sign language for the Mother Lode Belt, Lightner Mine and Utica Mine has been drafted. The committee now moves to people associated with the mines and historical figures from Angels Camp history, nationalities of miners represented in Angels Camp, and an Angels Camp history overview. QR codes are also proposed for various locations and on interpretive signs to provide additional information (e.g., Utica Shaft). The concept signage design was presented to the Community Stakeholders Design Committee 3/20/24. Signage will be brought back to the Stakeholders Design Committee in May.  Wood for the park benches from the walnut trees is at the mill, being milled. Upon completion, the milled wood will be converted into benches.
 Staff is requesting that anyone with a brand from a local ranch contact [email protected]. The city would like to incorporate local brands into one or more of the benches being constructed for the park.  Monuments, Dedications, and Relocations. Monument relocation may be commencing for some park items.

Staff has already met with all individuals or organizations associated with each monument to ensure they are handled properly. Surviving relatives of fallen soldiers on the veteran’s memorial plaque have been contacted individually and their input will be followed for any potential relocation and rededication. Boyer is aware of all restrictions related to moving and conserving park monuments.  The “gateway” monumentation (mining equipment) near Napa was reviewed by the City of Angels Planning Commission. The Planning Commission approved relocating the equipment. Interpretive signage for the equipment will be added at its new location.
 Boyer has contacted a monument expert to evaluate the condition and make recommendations for conserving the Mark Twain Statue. Based on the children’s playground design, it is expected that the statue will be relocated.  Staff has identified and is meeting with a potential landscaping consultant.

ATTACHMENTS:

A. Site Layout
B. Timeline (to be presented at meeting)
C. Budget
18 Section 9, Item A.
1440' 1450' 1430' 1440' 1440' 1430' 1440' 1450' 1460' 1470' 1430'
1450' 1440' 1450' 1460' PRELIMINARY NOT FOR CONSTRUCTION 1 1" = 30' rev date description SITE INFORMATION: SHEET: OF: PROJECT NO: DRAWING: SCALE: CHECKED BY: DRAWN BY: ISSUE DATE: PROJECT INFORMATION: OWNER INFORMATION: REVISIONS: 1 23-__.__ UTICA PARK A Site Plan for:

CITY OF ANGELS

UTICA PARK
1075 UTICA LANE
ANGELS CAMP, CA 95222 APN 060-006-008 1075 UTICA LANE ANGELS CAMP, CA 95222 CITY OF ANGELS P.O. BOX 667 ANGELS CAMP, CA 95222 Ph (209) These drawings and specifications are the property of the engineer and shall not be used on any other work except by agreement with the engineer Written dimensions shall take preference over scaled dimensions and shall be verified on site. Any discrepancy shall be brought to the notice of the engineer prior to commencement of any work. ENGINEER OF RECORD: CONTOUR INTERVAL = 2' SITE IMPROVEMENT PLAN FOR: UTICA PARK 1075 UTICA LN, ANGELS CAMP, CA. 95222 Existing Kitchen West Parking
South Entrance
Stage
North Parking
Par course
equipment
Mining
Equipment
Statue
Gravel Trench 781'-3 3/4"
Pavilion
(opt A - replace
opt B - refurbish
South Parking Bocce Court
Bbq

EV EV EV
Remodelled
New Bathroom Bathroom
Outdoor gym
equipment
(1,500 sq ft) Add Alt 1
Playground Picnic / Farmers Market /
Concert Area
Hard Court Add Alt 2
19 Section 9, Item A.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.37 (Business Attraction and Expansion) - 1
DATE: April 16, 2024
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Introduce, waive the second reading, hold a public hearing to adopt Ordinance 539 eliminating Chapter 17.34 and incorporating permitted and conditional uses for the Business Attraction and Expansion zoning district into Chapter 17.37 (Business Attraction and Expansion) and amending Section 17.37.080(A)(2(a) to correct a typographical error to clarify that barbed wire and razor wire shall not be visible from public rights-of-way.

RECOMMENDATION
Introduce, waive the first reading, hold a public hearing and adopt Ordinance 539.

BACKGROUND
In conjunction with SB2 and LEAP grants awarded to the City for updating city codes; all zoning districts were updated into a consistent format using consistent terminology except for Chapter 17.37 Business Attraction and Expansion (BAE) and Chapter 17.34 (Conditional and Permitted Uses). The BAE District has continued to exist in the form of a checklist with inconsistent terminology as the only zoning district listed in Chapter

17.34. Presently both Chapters 17.34 and 17.37 address conditional and permitted uses in the BAE zone.

The proposed changes herein would bring all zoning districts into a consistent format with consistent terminology and the BAE zone into a single chapter.

The Planning Commission considered this amendment at its meeting of March 14, 2024 and unanimously recommended adoption to the City Council with the passage of Resolution of Intent 24-006. The City Council held a public hearing on April 2, 2024; waived the first reading, held a public hearing and set April 16, 2024, for a final reading and to consider adoption.

ANALYSIS
Pursuant to Angels Municipal Code Section 17.90.040, decisions pertaining to code amendments shall be made upon the following findings of fact:

A. The proposed change or amendment is consistent with the city of Angels Municipal Code; and B. The proposed change or amendment is consistent with the city of Angels general plan; and C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

Code amendments included for the purposes of updates for consistency with state regulations, to remove inconsistencies or provide clarification are considered clerical and are not analyzed discussed herein. New 20 Section 9, Item B.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.37 (Business Attraction and Expansion) - 2
code provisions addressing storage containers, cottage food operations, and movie sets; and amendments with changes beyond clerical changes are analyzed in the following.

Findings A &B – Consistency with the Angels Municipal Code and General Plan Applicable general plan goals, policies and programs include:

The purpose and intent of the Business Attraction & Expansion (BAE) land use is described as follows in Chapter 1 of the General Plan:

Purposes and Intent
1 To provide for a mixture of light industrial land uses with light commercial land uses servicing employees (e.g., small-scale food service, day-care). This designation encourages light manufacturing, processing, assembly, wholesale businesses and research and development activities in a campus-like business setting (e.g., extensive landscaping, integrated architectural design)
2 To provide land suited to the development of industries identified in the following studies (and amendments to these and similar studies as may occur throughout the life of this general plan):

Community Assessment, Volume I: Business Attraction & Expansion Study (Applied Development Economics; November, 1993)
Industrial and Commercial Market Analysis, Volume II: Business Attraction & Expansion Study (Applied Development Economics; November, 1993)
Economic Strategy and Implementation Plan, Volume III: Business Attraction & Expansion Study (Applied Development Economics; November, 1993)
Feasibility Study City-Owned Industrial Park City of Angels Camp, (Applied Development Economics; November 15, 2002)

3. To provide live/work opportunities or work force housing near employment centers In addition, the following applicable general plan programs apply:

Implementation Programs

1.A.b Continue to conduct reviews of the Angels Camp Municipal Code and General Plan for consistency Economic Development
Goal
10C Promote a wide variety of economic opportunities consistent with the city’s social, cultural, environmental, and aesthetic resources.
21 Section 9, Item B.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.37 (Business Attraction and Expansion) - 3
Community Character
Policies

11.A.3 Encourage new development to blend with the existing landscape and streetscape.

The proposed revisions to the BAE zoning districts are specifically required pursuant to the General Plan Land Use Element to achieve general plan economic development goals. The proposed code amendments will implement the General Plan Land Use Element. Based on the preceding, the proposed amendments conform with the General Plan as will be reflected (with the proposed amendments) in the City of Angels Municipal Code. Therefore, Findings A and B may be made.

Finding C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

The proposed code amendments are intended to implement the intended purpose of the BAE zoning district (i.e., economic development) as stated in the general plan. Individual projects will require individual reviews in conjunction with city entitlements which require this same finding based on the nature and location of each individual project.

Based on the preceding, Finding C can be made.

ENVIRONMENTAL FINDING:

Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed code amendments are exempt from further review, because the proposed amendments implement a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

ATTACHMENT:

A. Planning Commission Resolution of Intent 24-06 with Attachment A (redline/strikeout) version of Chapter

17.37 (Business Attraction and Expansion) and Chapter 17.34 (to be deleted) B. Ordinance 539 with clean version of Chapter 17.37
22 Section 9, Item B.
23 Section 9, Item B.
24 Section 9, Item B.

Chapter 17.37
BUSINESS ATTRACTION AND EXPANSION DISTRICT1
Sections:

17.37.010 Purpose and intent.

17.37.020 Uses permitted.

17.37.030 Uses subject to site plan reviewUses subject to an Administrative Conditional Use Permit.

17.37.040 Uses subject to a conditional use permit.

17.37.050 Temporary uses permitted.

17.37.060 Accessory uses permitted.

17.37.070 050 Site development standards.

17.37.080 Outdoor storage.

17.37.090 060 Outdoor display and sales.

17.37.070 Outdoor storage.

17.37.010 Purpose and intent.

The business attraction and expansion (BAE) district was created to establish and preserve areas for a mixture of light industrial and commercial land uses so that the allowed uses do not create serious compatibility problems with other kinds of land uses. This zone district makes provisions for certain kinds of light industrial and commercial uses such as business parks, educational parks, and wholesale businesses. This zone district makes the BAE land use category consistent with the city’s general plan. (Ord. 461 §1 (part), 2014)

17.37.020 Uses permitted.

See Table 17.34.080. (Ord. 461 §1 (part), 2014)
Permitted uses in the BAE district are subject to either an administrative site plan review pursuant to Chapter 17.73 or a site development permit pursuant to Chapter 17.74 unless otherwise exempted pursuant to those chapters. Permitted uses include:

A. Retail sales and/or services, indoors unless otherwise specified in Section 17.37.040; B. In conjunction with a structure, outdoor display for sales of products totaling a square footage of 20% or less of the primary structures’ gross floor area. Outdoor display and sales areas shall be directly related to the business occupying the primary structure and comply with all provisions of Section 17.37.060 (Outdoor Display and Sales).

C. Professional offices;
D. Restaurants, banquet halls, delis, fast food, take-out; E. Outdoor dining in conjunction with a restaurant when proposed in conjunction with the restaurant. Alcohol service is subject to Section 17.37.030; F. Health clubs, recreational facilities indoors;
G. Hotels, motels, inns, bed and breakfasts, vacation rentals; H. Theaters, indoors;
Formatted: Tab stops: 1.31", Left
Formatted: Space After: 0 pt
25 Section 9, Item B.

I. Private clubs, lodges, social clubs, cultural centers; J. Medical clinics;
K. Animal hospital, indoors;
L. Kennels, animal spa, groomers indoors – ten animals or less; M. Plant nurseries (wholesale or retail);
N. Certified farmer’s market, community gardens;
O. Self-service laundry;
P. Exterminator services, without on-site storage of chemicals; Q. Schools, churches, libraries, museums, art galleries, tourist information facilities; R. Public services and facilities including police stations, fire stations, administration, public parks;
S. Minor public facilities and infrastructure (e.g., water distribution, wastewater distribution, drainage facilities, lighting, light transit facilities); T. Recycling facilities, small (500 square feet or less); U. TV, radio, broadcast studios without towers;
V. Non-residential rooftop solar energy systems (accessory use for private/single building).

See also Chapter 15.28.

W. Manager’s quarters accessory to a permitted use.

X. Accessory uses and structures appurtenant to permitted uses

17.37.030 Uses Subject to an Administrative Conditional Use Permit.

In the BAE district, the following uses are subject to the issuance of an administrative conditional use permit in accordance with Chapter 17.78.027:

17.37.040 Uses subject to a conditional use permit.

In the BAE district, the following uses are subject to the issuance of a conditional use permit in accordance with Chapter 17.78:

A. Light manufacturing indoors, including retail sales of products produced on-site.

Light manufacturing uses shall not produce noise, odor, dust, smoke, vibration or similar that may adversely impact neighboring land uses unless design features are incorporated to reduce potential impacts on neighboring land uses; B. In conjunction with a structure, outdoor display for sale of products exceeding 20% of the primary structures’ gross floor area. Outdoor display and sales areas shall be directly related to the business occupying the primary structure and complying with Section 17.37.060;
C. Winery or brewery including on-site production and retail sales; D. Recreation facility, outdoor; campgrounds, recreational vehicle parks, outdoor theaters; E. Distribution facilities, including package delivery services (e.g., UPS, FedEx, DHL); F. Equipment rental yards subject to Sections 17.37.060 and 17.37.070; G. Warehousing, wholesaling;
H. Self-storage;
I. Depot (bus, freight);
36 Section 9, Item B.

J. Gas stations including those with automobile service and repair; K. Repair services not in conjunction with a gas station including auto or equipment repair; L. Public corporation yard;
M. Contracting yard in compliance with 17.37.070 (with equipment and materials yard); N. Hospital;
O. Ambulance service, Taxi service;
P. Animal hospitals outdoors;
Q. Kennels, animal spa, groomers – more than 10 animals; R. Feed store including animals and fowl in conjunction with a feed store; S. Car washes;
T. Flea markets, auction yard;
U. Broadcast studios (radio or television) with towers; telecommunications, internet facilities with towers;
V. Funeral home, Cemetery, mausoleum;
W. Recycling facility, large (more than 500 square feet); X. Research or testing labs;
Y. Nonresidential freestanding solar energy systems (accessory use, private single building);
Z. Multi-family- duplex, triplex, fourplex apartments;
AA. Mixed use residential/commercial;
BB. Tavern, nightclub, bar and/or cocktail lounge;
CC. Smoke Shop;
DD. Firearms, weapons, ammunition sales;
EE. Emergency use heliport

17.37.050 Site development standards.

A. Minimum lot area for new lots: ten thousand square feet.

B. Building coverage: fifty percent.

C. Maximum building height: fifty feet; over fifty feet requires planning commission approval.

D. Lot width: seventy feet, minimum.

E. Lot depth: one hundred feet minimum.

F. Minimum building setbacks:

1. Front: five feet.

2. Side: five feet.

3. Exterior side of a corner lot: twenty feet.
37 Section 9, Item B.

4. Rear:
a. Principal building: twenty feet.
b. Accessory building: five feet.
c. Between buildings: ten feet.

G. Minimum landscaping: twenty percent.

H. Impervious surface: sixty-five percent; up to seventy-five percent with planning commission review.

I. Vision clearance: thirty-five feet. (Ord. 461 §1 (part), 2014)

17.37.070 Outdoor storage.

When outdoor storage is provided for in this district, it shall conform to the following:

A. Screening.

2. The following minimum screening requirements shall apply to all BAE projects, outdoor storage areas in the district:
a. Screening walls and/or fences shall be architecturally compatible with the main structure. and may not have barbed wire or razor wire visible from any street or public access.
b. No screening wall or fence shall be located within a required landscape area along the street frontage.
c. No storage may exceed the height of the screening wall or fence. Walls and fences shall not exceed fifteen feet in height.
38 Section 9, Item B.

B. Surfacing.

2. A conditional use permit may be granted to allow outdoor storage of goods and materials on an unimproved surface if the following findings can be made:
a. The surfacing type is appropriate to the type of products displayed. b. Proposed surfacing will conform to all performance standards and all applicable federal and state air quality standards.
c. There will be no storage of vehicles or any type of equipment that uses any type of fuel.
d. There will be no storage of hazardous materials.

3. Upon approval of a condition use permit, alternative surfacing appropriate to the product displayed shall be graded and drained to dispose of all surface water accumulated within the area to a public storm drain.

C. Lighting. Any lighting used to illuminate an outdoor storage area shall be directed and shielded downward and shall not illuminate adjacent residential areas or visually distract drivers.

D. Vacant Lots. No vehicles may be stored or displayed for sale on any vacant lot or at any vacant business location. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction. No outdoor storage shall occur on any vacant parcel unless the vacant parcel is contiguous and complies with subsections A through C of this section. (Ord. 461 §1 (part), 2014)

17.37.060 Outdoor display and sales.

Outdoor Displays and Sales. The permanent outdoor displays/sales of merchandise shall comply with applicable permits and the following standards:

1. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of fifteen feet above finished grade;
39 Section 9, Item B.

3. Relationship to Main Use. The outdoor display and sales areas shall be directly related to a business occupying a primary structure on the subject parcel.

4. Screening Required. Outdoor sales and activity areas shall be screened from the adjacent public right-of-way by decorative walls, fences, and/or landscaping. This requirement shall not apply to:
a. Plant nurseries;
b. Vehicle, boat, motorcycle, or recreational vehicle sales; c. Outdoor displays of tires for sale shall be permitted provided the display fixture does not exceed forty-two inches in height and is no more than a total of forty linear feet in length;

5. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be allowed as a result of the outdoor display and sales area;

6. Operating Hours. The hours of operation shall be restricted to eight a.m. to ten p.m., if within three hundred feet of a residential zoning district, or as identified in a permit;

7. Waste Collection and Disposal. Solid, hazardous, and toxic waste collection, recycling, and/or disposal plan shall be provided;

8. Other Conditions. Any other conditions that would ensure that the proposed use will be operated in an orderly and efficient manner shall be required; 1 Ord. 461 adds this chapter as Chapter 17.36. It has been editorially renumbered to avoid duplication of numbering.
40 Section 9, Item B.
41 Section 9, Item B.
2023 ANGELS CAMP Housing Element Annual Progress Report General InformationFirst Name Amy Street Address P.O. Box 667 Phone 2097361346 Last Name Augustine City Angels Camp Email [email protected] Title City Planner Zip Code 95222
Comments: Include any additional information or explanation for the information provided in the following tables.

ANGELS CAMP - 2023 1
42 Section 9, Item C.
2023 ANGELS CAMP Housing Element Annual Progress Report TABLE A - Housing Development Applications SubmittedUnit Information No Data Available
Project Information
ANGELS CAMP - 2023 2
43 Section 9, Item C.
2023 ANGELS CAMP Housing Element Annual Progress Report TABLE A2 - Annual Building Activity Report Summary - New ConstructionEntitlements Project Identifier Affordability by Household Income - Entitlements Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date
Approved
# of Units
Issued
Entitlements
62017005 1232 Suzanne
Court
23-129 0 0 0 0 0 0 0 0
58080012 793 Grinding
Rock
23-021 0 0 0 0 0 0 0 0
58063020 293 Marybelle 23-046 0 0 0 0 0 0 0 058083001 400 Corral Loop
23-044 0 0 0 0 0 0 0 0
58054002 546 Raggio 23-049 0 0 0 0 0 0 0 058070028 820 Live Oak 22-001 0 0 0 0 0 0 0 058063005 300 Catalpa 22-019 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0
ANGELS CAMP - 2023 3
44 Section 9, Item C.

Building Permits
Project Identifier Affordability by Household Income - Building Permits Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
62017005 1232 Suzanne
Court
23-129 0 0 0 1 0 0 0 05/03/2021 1
58080012 793 Grinding
Rock
23-021 0 0 0 0 0 0 1 07/13/2023 1
58063020 293 Marybelle 23-046 0 0 0 0 0 0 1 09/08/2023 158083001 400 Corral Loop
23-044 0 0 0 0 0 0 1 10/03/2023 1
58054002 546 Raggio 23-049 0 0 0 0 0 0 1 10/06/2023 158070028 820 Live Oak 22-001 0 0 0 0 0 0 1 04/18/2022 158063005 300 Catalpa 22-019 0 0 0 0 0 0 1 03/22/2022 1 Totals 0 0 0 1 0 0 6 7
ANGELS CAMP - 2023 4
45 Section 9, Item C.

Certificate of Occupancy
Project Identifier Affordability by Household Income - Certificate of Occupancy Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or
other forms of
readiness
Date Issued
# of Units
Issued
Certificates ofOccupancy or
other forms of
readiness
62017005 1232 Suzanne
Court
23-129 0 0 0 1 0 0 0 08/04/2023 1
58080012 793 Grinding
Rock
23-021 0 0 0 0 0 0 0 0
58063020 293 Marybelle 23-046 0 0 0 0 0 0 0 058083001 400 Corral Loop
23-044 0 0 0 0 0 0 0 0
58054002 546 Raggio 23-049 0 0 0 0 0 0 0 058070028 820 Live Oak 22-001 0 0 0 0 0 0 1 06/16/2023 158063005 300 Catalpa 22-019 0 0 0 0 0 0 1 06/30/2023 1 Totals 0 0 0 1 0 0 2 3
ANGELS CAMP - 2023 5
46 Section 9, Item C.

Project Information
Project Identifier Unit Types Housing with
Financial
Assistance and/or
Deed Restrictions
Demolished/Destroyed Units
Units?
Prior
APN
Current
APN
Street
Address
Project
Name
Local
Jurisdicti
on
Tracking
ID
Unit
Category
Tenure Extremel
y Low
Income
Units
Was
Project
Approve
d using
SB 35
Streamli
ning?
Infill
Units?
Assistan
ce
Program
s for
each
Develop
ment
Deed
Restricti
on Type
Housing
without
Financial
Assistan
ce or
Deed
Restricti
ons
Term of
Affordabi
lity or
Deed
Restricti
on
Number
of
Demolish
ed/
Destroye
d Units
Demolish
ed or
Destroye
d Units?
Demolish
ed/ or
Destroye
d Units
Owner or
Renter
Notes
62017005 1232
Suzanne
Court
McCutche
on
23-129 MH Owner 0 NONE Y project
valuation
0 58080012 793
Grinding
Rock
793
Grinding
Rock
23-021 SFD Owner 0 NONE Y project
valuation
0 58063020 293
Marybelle
293
Marybelle
23-046 SFD Owner 0 NONE Y project
valuation
0 58083001 400
Corral
Loop
400
Corral
Loop
23-044 SFD Owner 0 NONE Y project
valuation
0 58054002 546
Raggio
546
Raggio
23-049 SFD Owner 0 NONE Y project
valuation
0 58070028 820 Live
Oak
820 Live
Oak
22-001 SFD Owner 0 NONE Y project
valuation
0 58063005 300
Catalpa
300
Catalpa
22-019 SFD Owner 0 NONE Y project
valuation
0 ANGELS CAMP - 2023 6
47 Section 9, Item C.

Density Bonus
Project Identifier Density Bonus
Current APN Street Address Local Jurisdiction
Tracking ID
Deed Restriction Type Total Density Bonus
Applied to the Project
(Percentage Increase
in Total Allowable
Units or Total
Maximum Allowable
Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given to
the Project (Excluding
Parking Waivers or
Parking Reductions)
List the incentives,
concessions, waivers,
and modifications
(Excluding ParkingWaivers or Parking
Modifications)
Did the project receive
a reduction or waiver
of parking standards?
(Y/N)
ANGELS CAMP - 2023 7
48 Section 9, Item C.

Very Low* 57
Deed
restricted
0000000000
0 57
NonRestricted 0000000000
Low 42
Deed
restricted
0000000000
1 41
NonRestricted 0100000000
Moderate 38
Deed
restricted
0000000000
4 34
NonRestricted 4000000000
Above
Moderate
107 1 1 0 0 4 4 0 0 0 0 10 97
Total Units 5 2 0 0 4 4 0 0 0 0 15
Total
RHNA
244 Total Remaining Need for RHNA Period 229
Extremely Low-Income
Units**
29 0 0 0 0 0 0 0 0 0 0 29
For the last year of the 5th cycle planning period, Table B will only include units that were permitted before the end date of the 5th cycle planning period.

For the first year of the 6th cycle planning period, Table B will only include units that were permitted since the start date of the 6th cycle planning period. 2023 ANGELS CAMP Housing Element Annual Progress Report TABLE B - Regional Housing Needs Allocation ProgressPermitted Units Issued by Affordability Income
Level
RHNA
Allocation
Restriction
s
Projection
Period
Year 1 -
2019
Year 2 -
2020
Year 3 -
2021
Year 4 -
2022
Year 5 -
2023
Year 6 -
2024
Year 7 -
2025
Year 8 -
2026
Year 9 -
2027
Total Units
to Date (all
years)
Total
Remaining
RHNA by
Income
Level
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1) Extremely
Low-Income
Need
Year 1 -
2019
Year 2 -
2020
Year 3 -
2021
Year 4 -
2022
Year 5 -
2023
Year 6 -
2024
Year 7 -
2025
Year 8 -
2026
Year 9 -
2027
Total Units
to Date
Total
Remaining
ELI Need
ANGELS CAMP - 2023 8
49 Section 9, Item C.

Projection Period units are included in a separate column. *Units serving extremely low-income households must be included in the very low-income permitted totals in order to be credited toward the RHNA.**Extremely low-income units determined pursuant to Government Code 65583(a)(1). Default value is half of the very low-income RHNA. May be overwritten.

ANGELS CAMP - 2023 9
50 Section 9, Item C.
2023 ANGELS CAMP Housing Element Annual Progress Report TABLE C - Sites Identified or Rezoned to Accommodate Shortfall Housing Need No Data Available
ANGELS CAMP - 2023 10
51 Section 9, Item C.
2023 ANGELS CAMP Housing Element Annual Progress Report TABLE D - Program Implementation Status
Program Description Housing Programs Progress Report - Government Code Section 65583 Name of Housing Element
Program
Objective Timeframe in H.E. Status of Program Implementation 2Aa Housing Coordinator Oversight of Housing Programs FY 2025/2026 Budgetary constraints prohibit2Ab Encourage Establishment ofSmall, Affordable Units Increase incentives, reduce oak mitigationrequirements
6/30/22 Completed. Progress reported in 2021 APR
(completed)
2Ac Use DevelopmentAgreements to encourage affordable housing in SP Encourage affordable housing in Special Planning(SP) Zone FY 2024/2025 Completed. Progress reported in 2021 APR (DA approved for 107 affordable units, code updatescompleted). 2Ad Vacation rentals/2ndUnits/Underused sites
Make available underused sites for affordable housing FY 2025/2026 Not completed. Pilot program for underused commercial sites launched in December, 2023(Ordinance 538) 2Ae Facilitate and promoteModerate-wage job trainingeffortsCompatible with the City'sEmployment Projections Reduce gap between housing costs and income FY 2025/2026 Applied for community resilience center grant with partner Mother Lode Job Training to establish jobtraining facility in Angels Camp to implement moderate-wage job training programs consistent with the city'sClimate Action Plan 2Af Encourage cohousing/cooperative housing/tinyhouses
134 units of extremely low, low, very low an dmoderateincome housing units 6/30/22 Completed. Code update completed December 2021
(completed)

2.A.g Encourage privately fundedhousing programs
134 units of extremely low, low, very low an dmoderateincome housing units Ongoing Ongoing. Assisted Habitat for Humanity in securing infrastructure funding for 107-unit affordable housing inCity

2.A.h Encourage single-roomoccupancy housing
134 units of extremely low, low, very low an dmoderateincome housing units FY 2024/2025 Completed code updates in 2021.

2.A.i Facilitate theExchange/Consolidation ofRegion's Housing AssistanceInformation Encourage city/county coordinated efforts FY 2024/2025 2023 began attending regional housing coalition meetings

2.A.j Encourage construction of96 New Housing Units for Low,Very Low, Extremely low 96 units of low, very low and extremely low affordablehousing units 15-Jun-27 Ongoing. Assisted Habitat for Humanity in securing second round ofinfrastructure funding for 107-unit affordable housing inCity ANGELS CAMP - 2023 11
52 Section 9, Item C.

2.A.k Sale of Surplus Land and
Affordable Housing
Encourage private development of affordable housingunits FY 2024/2025 Prior attempt to sell City Hall in prior years failed to yield qualified buyer. Remaining surplus declaredexempt with HCD concurrence for public use involvingland swap/regional roadway. Could result in someaffordable housing in the new area opening fordevelopment

2.A.l Housing in Public ZoningDistrict
134 units of extremely low, low, very low an dmoderateincome housing units FY 2024/2025 Completed code update for Public zoning district adding housing as a permitted use in 2022; ordinance519 2Ba Comprehensive code update Facilitate all levels of affordable housing FY 2024/2025 See 2021 APR. In 2022, completed and adopted Ordinances 516 (Commercial zones), 517 (greenhournCreek zones), 518 (open space zones), 519 (Public -adding housing as permitted use), 520 (miningcombining), 521 (Planning Commission reviewprocedures), 522 (Housing accountability act and lowbarrier navication centeres) and 523 (parcel andsubdivision map findings for fire), Ord 524 (expandingnumber of incentives available for qualified housingprojects), Ord 525 (Condominium conversion) andadopted Ord 533 - 2022 building code and standards.In 2023, Adopted CEQA Guidelines (Ord 529),updated zoning for compliance with general plan (320parcels) Ord 532, Adopted Ord 534 relocating allhousing related codes to a separate Housing Chapter,increasing administrative approvals; Ord 535 allowingadministrative conditional use permits by City Planner,and Adopted amendments to Speical Planning zoneincluding housing, (Ord 528) to streamline subdivisionmaps by extending period for map expiration adopted.

2.B.b Flexible standards forimprovements for extremely lowand low income housing 96 units of low, very low and extremely low affordablehousing units FY 2024/2025 2022 Updated Chapter 17.06 muni code to expand the number of incentives allowed per qualifying projectthrough Ordinance 524

2.B.c Continue to waive, defer,reduce fees
96 units of low, very low and extremely low affordablehousing units Ongoing Completed code revisions 2020, ongoing
implementation

2.B.d Revise City's AccessoryDewlling Unit Ordinance
Increased affordable housing with ADUs FY 2024/2025 Completed 2021 with adoption of Ord 515

2.B.e Complete improvements toCity Water Treatment Plant 134 units of extremely low, low, very low an dmoderateincome housing units 2027 Completed environmental documentation in 2020,
2022 grant applications submitted for funding,awarded, then withdrawn due to state budgetaryconstraints ANGELS CAMP - 2023 12
53 Section 9, Item C.

2.B.f Continue to reduce
connection fees subject toacquisition of funding from stateand federal sources 96 units of low, very low and extremely low affordablehousing units Ongoing Applications submittted in 2021 for wastewater are still pending approval. Application submitted in 2022 forwater system improvements granted, then withdrawndue to state budgetary constraints.

2.B.g Complete improvements towastewater deliver system Allow for continued development of all types Ongoing Application (Federal/FEMA) submittted in 2021 for wastewater are still pending approval. Cityundertaking some system improvements using generalfund.

2.B.h Housing accountability Act 96 units of low, very low and extremely low affordable housing units
FY 2024/2025 Completed 2022 with adoption of Ordinance 522

2.B.i Allow second floor housingunits in commercial zones 96 units of low, very low and extremely low affordablehousing units FY 2024/2025 Completed with adoption of Ord. 516 in 2022.

2.B.j Update City'sMobilehome/Mfg HousingProvisions
96 units of low, very low and extremely low affordablehousing units 30-Jun-22 Completed with adoption of Ord. 525 in March, 2022

2.B.k Incorporate housingeducation programs
Encourage use of city programs for affordable housing Once every three years or as part of new hires Ongoing education of building dpt. and support staff by city planner re: ADUs, preparing handouts for onlineand front counter, and for use of State HistoricalBuilding Code

2.B.l Water and WastewaterPriorities for Target IncomeGroups Ensure funding spent to include service to all levels ofaffordable housing Procedures prior to 2020 City has been undertaking priority programs targeting disadvantaged communities

2.C.a Continue to allow use ofmaterials consistent with StateHistorical Building Code 96 units of low, very low and extremely low affordablehousing units Ongoing City Council Resolution 22-71 established the City of Angels Register of Cultural Resources to allow forapplication of the State Historical Building Code inOctober 2022. Use has expanded in 2023 withcoordinated effort between city/building officials toeducate landowners on the availability and use of theprogram.

2.C.b Continue to monitor at-riskunits and inform agencies ofavailability Ensure existing affordable housing is not converted tomarket rate housing Ongoing No at-risk units currently in city limits

2.C.c Facilitate right-of-firstrefusal agreements
Ensure existing affordable housing is not converted tomarket rate housing Ongoing No at-risk units currently in city limits

2.C.d Provide educationalmaterials for tenants of at-riskunits Ensure existing affordable housing is not converted tomarket rate housing Ongoing No at-risk units currently in city limits
ANGELS CAMP - 2023 13
54 Section 9, Item C.

2.C.e Update Condominium
Conversion ordinance
96 units of low, very low and extremely low affordablehousing units FY 2024/2025 Ordinance 526 adopted by City Councl in 2022 to complete this program.

2.C.f Funding programs to assistwith goals
Secure funding to meet goals FY2024/2025 SB 2 and LEAP funding continues to be expended to meet Housing Goals (See code amendmentspreviously described, wastewater environmentalpermitting previously described). In 2023, applied forresilience center grant in support of job-training formoderate-wage jobs and offices for Sierra Hope(supportive housing non-profit)

2.C.g Adopt Mills Act Incentives for maintaining historical structures for housing
FY 2024/2025 Completed. Adopted by City Council Resolution 24- 019.

2.C.h Pursue funding to supporthousing rehabilitation and/orrehabilitation loan program Safe housing 1 application by June 15, 2027 Application (federal) submitted March 2024 to assist in rehabilitating some commercial, historic buildings(which also provide upstairs housing)

2.C.i Establish Priorities forImplementing the HousingRehabilitation Program in the CityAimed at Special NeedsHouseholds and TargetingSubstandard Housing Units Accessible Housing FY 2025/2026 March 2024, contacted by Valley Mountain Regional Center Community Access Housing Specialist todiscuss potential partnerships

2.C.j Establish a Self-HelpRehabilitation/Fix-Up Programs Safe housing 1 application by June 15, 2027 City is launching volunteer program and will provide some materials using general fund monies. Providingwebsite and word-of-mouth to promote Habitat forHumanity program to assist with rehabs

2.C.k Update the 2009 HousingConditions Survey/Pursue Fundsfor Improving the Existing HousingStock and Accessibility to Housing Safe housing 1 application by FY 2025/2026 Pending identification of funding source

2.C.l Continue to Enforce StateEnergy Efficiency Standards forResidential Buildings Safe housing Ongoing 2022 adopted updated building code provisions (Ord 533); in addition, coordinated between Habitat forHumanity and local provider of fire-resistiveconstruction materials that provide energy costsavings for homes constructed with these newmaterials.

2.C.m Support the Reduction ofContamination Hazards in OlderBuildings Safe housing Ongoing Compliance with Building Code required. Standard asbestos evaluations conducted.

ANGELS CAMP - 2023 14
55 Section 9, Item C.

2.C.n Continue to maintain code
enforcement position
Safe housing Ongoing In 2022, City hired a code enforcement officer as a separate position (previously, it was a task performedby Building or Planning officials). In 2023, codeenforcement hours were doubled.

2.C.o Climate/Green/EnergyPrograms
Reduce daily housing energy costs Ongoing City implements California Green Bldg Code; recently completed Climate Action Plan/Greenhouse GasReduction Plan including applicable programs.

2.C.p Undertake a City-wideHouse Numbering Program
Safe housing Grant application by end of 2022 Not completed. City recently purchased GIS software and support consultant to assist.

2.C.q Flood and Fire Hazardsand Flood Management Analysis Safe housing Ongoing Pursuant to a FEMA grant award in 2022, City is undertaking comprehensive code update to addressmultiple safety hazard issues including these

2.C.r Incorporate sbudivision mapfindings related to fire protection Remove Gov't constraints 30-Jun-22 Completed with adoption of Ordinance 523 in 2022.

2.D.a Support Senior Housing 96 units of low, very low and extremely low affordable housing units, accessibility
FY 2024/2025 Completed in 2021 - see previous report

2.D.b Facilitate the Provision ofSpecial Needs Housing
Remove Gov't constraints, accessibility FY 2024/2025 Code updates completed in prior years

2.D.c Facilitate theEstablishment of Housing forSpecial Needs Populations forFacilities Accommodating Six orFewer Residents Remove Gov't constraints, accessibility FY 2024/2025 Code updates completed in prior years

2.D.d Facilitate EmployeeHousing/Farmworker Housing
Remove Gov't constraints, accessibility FY 2024/2025 Code updates completed in prior years

2.D.e Support theMaintenance/Encourage theLocation of a SatelliteCampus(s)/Learning Center inAssociation with ColumbiaCollege or Other Colleges in orNear the City Jobs/Housing Balance Ongoing Applied for community resilience center grant with partner Mother Lode Job Training and contact withColumbia College to establish job training facility inAngels Camp to implement moderate-wage jobtraining programs consistent with the city's ClimateAction Plan

2.D.f Enforce the Provisions ofthe Fair Housing Act
Fair Housing Ongoing Code updates completed in prior years

2.D.g Provide Information forRenters
Safe and secure housing 31-Dec-25 City expanded website with information for rehabilitations through Habitat for Humanity (owners).2024 to expand ANGELS CAMP - 2023 15
56 Section 9, Item C.

2.D.h Pursue Funding to
Establish an Ongoing CityHomebuyer’s Assistance Program 96 units of low, very low and extremely low affordablehousing units, accessibility 31-Dec-26 City continues to maintain funding for this purpose.

Lacks staffing to promote and oversee program.Seeking partnership to improve.

2.D.i Facilitate CooperativeCity/County Efforts to AchieveHousing Goals Encourage city/county coordinated efforts 1 meeting per housing cycle minimum 2023 began attending regional housing coalition meetings

2.D.j Incorporate facilitues forspecial needs populatings indesigning public use centers Improve accessibility for all As needed City received Rural Recreation and Tourism Program grant for expansion and renovation of UticaPark/Lightner Mine. Park design will includesingificant updrades addressing accessibility andsignificant improvements providing exerciseopportunities for all ages and abilities. Openinganticipated 2024

2.D.k Promote Health ArtsProgram
Improve overall health As opportunity arises See above.

2.D.l Cooperate with serviceprovides to reduce rates
Increase ability of families and individuals to affordhousing Ongoing Ongoing participation with local solid waste collection service to reduce rates.

2.D.m Housing Choice VouchersProgram
Housing for all income levels Ongoing Ongoing

2.D.n Pursue Funding Program implementation Ongoing Ongoing2.D.o Supportive Housing Housing for all ages and abilities, accessibility 30-Jun-22 Code updates completed in prior years2.D.p Low Barrier NavigationCenter Assist families in securing housing 30-Jun-22 Completed with adoption of Ordinance 522 in 2022.

2.D.q Amend the Municipal Code– Transitional and SupportiveHousing Housing for all ages and abilities, accessibility 30-Jun-22 Code updates completed in prior years

2.E.1 Annual Housing ElementReport
Compliance Annually by April 1st Completed
ANGELS CAMP - 2023 16
57 Section 9, Item C.
2023 ANGELS CAMP Housing Element Annual Progress Report TABLE E - Commercial Development Bonus Approved pursuant to GC Section 65915.7 No Data Available
ANGELS CAMP - 2023 17
58 Section 9, Item C.
2023 ANGELS CAMP Housing Element Annual Progress Report TABLE F - Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65583.1(c)(2) Affordability by Household Incomes
(Units that DO NOT count towards RHNA)
Activity Type Extremely Low-Income Very Low-Income Low-Income Total Units Description of Activity Rehabilitation Activity 0 0 0 0Preservation of Units At-Risk 0 0 0 0Acquisition of Units 0 0 0 0Mobilehome Park Preservation 0 0 0 0Total Units by Income 0 0 0 0 Affordability by Household Incomes
(Units that DO count towards RHNA)
Activity Type Extremely Low-Income Very Low-Income Low-Income Total Units Description of Activity Rehabilitation Activity 0 0 0 0Preservation of Units At-Risk 0 0 0 0Acquisition of Units 0 0 0 0Mobilehome Park Preservation 0 0 0 0Total Units by Income 0 0 0 0 ANGELS CAMP - 2023 18
59 Section 9, Item C.
2023 ANGELS CAMP Housing Element Annual Progress Report TABLE G - Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of (CCR Title 256202) No Data Available
ANGELS CAMP - 2023 19
60 Section 9, Item C.
2023 ANGELS CAMP Housing Element Annual Progress Report TABLE H - Locally Owned Surplus Sites (CCR Title 25 6202) APN Street
Address/Intersection
Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 058-007-005-000 None Other 0 Exempt Surplus Land 22.84
ANGELS CAMP - 2023 20
61 Section 9, Item C.
2023 ANGELS CAMP Housing Element Annual Progress Report LEAP Reporting (CCR Title 25 6202)
Total Award Amount 65,000.00
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Task Status Other Funding Notes
1 Environmental Permitting -
Sewer 1A Contracting
500.00 500.00 Completed None
1B CDFW SAA 15,000.00 15,000.00 Completed None
1C 404 Permit 8,500.00 8,500.00 Completed None1D 401 Permit 1,000.00 1,000.00 Completed None 2 Update code Streamlining 2A
Appeals
3,000.00 3,000.00 Completed None
2B Increase Admin Approvals 3,000.00 3,000.00 Completed None 2C Streamline other approvals 3,000.00 3,000.00 Completed None 2D CEQA Guidelines 3,000.00 3,000.00 Completed None
2E Adopt Standard Conditions 3,000.00 2,000.00 In Progress None 3 Design Standards - 3A
Historical Commercial
9,000.00 8,000.00 In Progress None
3B Community Commercial 8,000.00 4,000.00 In Progress None 3C Shopping Center
Commercial
8,000.00 5,000.00 In Progress None
ANGELS CAMP - 2023 21
62 Section 9, Item C.

COMMUNITY AND ECONOMIC DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 1 DATE: April 16, 2024
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: City of Angels Housing Element Annual Report for 2023

RECOMMENDATION
Acknowledge the completion of the City of Angels Housing Element Annual Report (APR) for 2023

BACKGROUND/DISCUSSION
Each jurisdiction must prepare an annual progress report on the jurisdiction’s status and progress in implementing its housing element (Government Code Section 65400.) Each jurisdiction’s Annual Progress Report (APR) must be submitted to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1 of each year (covering the previous calendar year). Staff prepared and submitted the attached report for 2023 on March 28, 2024, to both HCD and OPR.

Pursuant to Government Code Section 65400 (a)(2)(B), the APR must be considered at an annual public meeting before the city council. “Consideration” may be achieved by including the item on a consent calendar.

This consent item will fulfill these requirements.

Several funding programs require up-to-date submission of APRs, including Community Development Block Grants and SB 2 Building Homes and Jobs Act funds. Pursuant to Government Code 65400(b), a court may issue an order or judgement compelling compliance with annual reporting requirements if an APR is not submitted within 60 days of the due date and may grant appropriate sanctions.

In addition, failure to maintain a certified housing element with the state can result in successful legal challenges to the City’s general plan and local development undertaken pursuant to that general plan.

Highlights of the 2023 General Plan Housing Element are summarized in the attached annual report and address the additional code updates undertaken by the City Council since the 2022 Annual Report. The primary achievement was completing citywide rezoning for consistency with the General Plan as adopted in 2009. These parcels now can be developed without the need for rezoning.

In addition, the status of the City’s Local Early Agency Program (LEAP) grant is summarized in the attachment and identifies the “coming attractions” for 2024 including:
 Design guidelines (these are intended to adopt development standards for the City’s different commercial zoning districts)
63 Section 9, Item C.
2 A summary of the City’s progress in meeting its state-established housing requirements follows:

Table 1: 2019-2027 Regional Housing Needs Allocation (RHNA) Permitted Units Issued by Affordability
Income
Level
RHNA
Allocation
2019 2020 2021 2022 2023 Total
Units to
Date
Total
Remaining
RHNA by
income level
Very low 57 0 0 0 0 0 0 57
Low 42 1 1 2 0 0 4 38
Moderate 38 4 0 1 0 0 5 33
Above
Moderate
107 2 5 8 4 4 19 92
Total 244 7 6 11 4 4 32 212
/a/ Family of three is used for Angels Camp. It reflects the median size of households in the City.

The median income for a family of three in Calaveras County is $86,600

FISCAL IMPACT
There are no fiscal impacts. Fiscal impacts may occur if a jurisdiction fails to file the annual report.

ATTACHMENT
2023 City of Angels Housing Element Annual Report
Income Level
Classification
Annual Income
Family of Three (2023)/a/
Acutely low $13,000
Extremely Low $25,750
Very Low $42,900
Low $68,650
Moderate $103,900
64 Section 9, Item C.
3 Attachment A
(Annual Report)
65 Section 9, Item C.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 PRICE GRANT -1
DATE: April 16, 2024
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: RESOLUTION 24-35 AUTHORIZING THE CITY ADMINISTRATOR TO APPLY FOR THE U.S.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY PLANNING AND

DEVELOPMENT PRESERVATION AND REINVESTMENT INITIATIVE FOR COMMUNITY

ENHANCEMENT (PRICE) GRANT BENEFITTING MANUFACTURED HOUSING AND

MANUFACTURED HOUSING COMMUNITIES

RECOMMENDATION
Adopt Resolution 24-35 authorizing the City Administrator to apply for the U.S. Department of Housing and Urban Development Community Planning and Development Preservation and Reinvestment Initiative for Community Enhancement (PRICE) Grant for benefitting manufactured housing and manufactured housing communities.

STRATEGIC PLAN CONSISTENCY
Public Facilities & Services: Maintain or increase the levels of service currently available within Angels Camp for public works facilities and infrastructure including roads, sidewalks, drainage facilities, public buildings, and other public facilities. The proposed PRICE grant would allow for upgrades, installation of new or replacement of existing infrastructure at manufactured housing communities.

Conservation and Open Space: Maintain and, where feasible, enhance the city’s appearance. The PRICE grant could allow for significant upgrades to some housing visible from SR 49.

GENERAL PLAN CONSISTENCY
The following goals, policies and implementation programs from General Plan 2020 will be implemented all, or in part, with pursuit and implementation of a PRICE grant:

Implementation Programs

2.C.f Prepare a Funding Program to Assist in the Provision of Affordable Housing, to Fund Infrastructure Improvements, and to Achieve Other City Goals Identified in the General Plan Prepare a funding program and continue to pursue grants to assist in funding:
 Infrastructure improvements that may be necessary for the provision of affordable housing or economic development
 Water and wastewater infrastructure improvements
66 Section 9, Item D.

PRICE GRANT -2
 Fire and medical protection infrastructure improvements (e.g., upgrading fire hydrants, increasing fire flow)
 Park infrastructure and related improvements (e.g., sidewalk construction, facilities for lowimpact modes of transportation)  The provision of infrastructure improvements supporting public works facilities (e.g., sidewalks, drainage facilities)

2.C.j Establish a Self-Help Rehabilitation/Fix-Up Programs Pursue funding to establish a residential self-help rehabilitation/fix-up and neighborhood improvement program. Consider establishing a program to assist homeowner’s in rehabilitating properties including, but not limited to:
 Facilitating window replacement or rehabilitation including the replacement of single-pane windows with double-pane windows
 Paint. Any paint program should be accomplished in coordination with the County’s recycled paint program.
 Roofing repair
 Repair/upgrade electrical utility systems
Goal 2D Facilitate the provision of decent housing in a suitable environment for all income levels, ethnicities, age levels, sexes and for the disabled and at-risk families consistent with the demographics of the City’s population.

Implementation Program

2.D.n Pursue Funding
Pursue state and federal funding sources to assist in the development of housing for extremely low, very low, low- and moderate-income housing.

BACKGROUND
The U.S. Department of Housing and Urban Development Community Planning and Development has issued a Notice of Funding Availability (NOFA) for the Preservation and Reinvestment Initiative for Community Enhancement (PRICE) Competition. The PRICE Main Program provides grant funds for the development and improvement manufactured housing and manufactured housing communities (MHCs) including funding for infrastructure (e.g., water and sewer, drainage) improvements and the repair, rehabilitation and replacement of existing manufactured homes (pre-1976 units, referred to as mobilehomes, can only be replaced). No match is required, but additional points may be awarded for match.

PRICE Main: $200,000,000 available to multiple agencies, including cities, to assist residents in developing infrastructure, planning activities, resident and community services, resilience activities, and providing other assistance to manufactured housing tenants and homesite renters for land and site acquisition. Approximately 25 grants are anticipated nationwide. Minimum grant awards are $5,000,000.

The City has three permitted mobile/manufactured home communities in Angels Camp:
 Angels Camp Mobilehome Court/Park (Figure 1) – Permitted for 22 mobiles and 6 recreational vehicles  Bighorn Mobilehome Park (Figure 2) - Permitted for 187 spaces  Bear Mountain Mobilehome Park (Figure 3) – approved for four spaces 67 Section 9, Item D.

PRICE GRANT -3
Based on discussions with the City’s water and wastewater engineer, public works superintendent, and manager of the Bighorn Creek mobilehome park and a site visit to each manufactured home community, funds could be used for one or more of the following:
 Replacing/upgrading/relocating infrastructure crossing Cherokee Creek (Angels Camp MHP)  Replacing/upgrading/relocating infrastructure (Bighorn Creek MHP)  Replacing/upgrading electrical etc. at Bear Mountain MHP  Resurfacing streets
 Replacing pre-1976 mobilehomes with manufactured housing  Replacing deteriorated post 1976 homes with manufactured housing  Repairing and upgrading existing manufactured housing in all MHPs  Code revision allowing recreational vehicles of a certain size and date of mfg. to be allowed on single-wide mobilehome spaces within mobilehome parks
Estimated start date: 10/01/2024. Estimated Project End Date: 09/30/2030. Applications are due June 1, 2024.

Other potential grant-funded programs may include:
1 Assisting manufactured housing renters or homesite renters with land and site acquisition;
2 Planning activities around MHCs, including functional or implementation plans for land use or zoning changes to be more permissive of manufactured housing units or communities; 3 Resident and community services, including relocation assistance (which may include moving manufactured housing units) and eviction prevention; 4 Resilience activities, which include the reconstruction, repair, or replacement of manufactured housing and MHCs, as well as that for infrastructure serving MHCs, to enhance their safety and stability in the face of natural hazards such as, but not limited to, wildfires, earthquakes, tornados, extreme heat, and flooding, and to mitigate known hazards and the rising threat that extreme weather events present to manufactured housing due to climate change, except that for pre-1976 mobile homes, funds made available under resilience activities may be used only for replacement; or, 5 Environmental improvements such as remediation of contaminants in land servicing MHCs.

FISCAL IMPACT If successful, the City anticipates using a portion of the funds to pay for a contractor and/or staff to implement the projects.

ATTACHMENTS:

A. City Council Resolution 24-35
68 Section 9, Item D.

Figure 1: Angels Camp Mobilehome Park
69 Section 9, Item D.

Figure 2: Bighorn Mobilehome Park
70 Section 9, Item D.

Figure 3: Bear Mountain MHP
71 Section 9, Item D.

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 24-35

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL AUTHORIZING THE CITY ADMINISTRATOR TO APPLY FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY PLANNING

AND DEVELOPMENT PRESERVATION AND REINVESTMENT INITIATIVE FOR COMMUNITY

ENHANCEMENT (PRICE) GRANT BENEFITTING MANUFACTURED HOUSING AND MANUFACTURED

HOUSING COMMUNITIES
WHEREAS, the city strategic plan emphasizes maintaining or increasing the levels of service currently available within Angels Camp for public works facilities and infrastructure including roads, sidewalks, drainage facilities, public buildings, and other public facilities; and WHEREAS, the city’s general plan directs that the city will pursue grant funds to assist in the provision of workforce housing and to fund infrastructure improvements, WHEREAS, more than one in ten of the city’s housing units are mobile or modular homes; and WHEREAS, some of these homes are deteriorating and require repair or replacement; and WHEREAS, infrastructure serving these communities require upgrades to water, wastewater, roads, electrical and other infrastructure; and
WHEREAS, the US Dpt. of Housing and Urban Development’s Preservation And Reinvestment Initiative For Community Enhancement (Price) Grant provides funds that can be used for all of these purposes;
NOW THEREFORE, the City of Angels City Council does hereby authorize the City Administrator to apply for the US Dpt. of Housing and Urban Development’s Preservation And Reinvestment Initiative For Community Enhancement (Price) Grant Program.

PASSED AND ADOPTED this 16th day of April, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor

_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
72 Section 9, Item D.
73 Section 9, Item D.

C IT Y H AL L
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: April 16, 2024
TO: City Council
FROM: Chris O’Flinn, Public Works Superintendent
RE: DISCUSSION AND DIRECTION ON SLATE CIRCLE LIGHTING UPGRADE RECOMMENDATION:

Discuss and direct staff to upgrade the lighting in the Slate Circle Parking area to LED in the amount of $4,100.00 with Gold Electric.

STRATEGIC PLAN ALIGNMENT:

Conservation & Open Space: Promote the efficient use of energy resources Public Facilities & Services: Maintain or increase the levels of service currently available within Angels Camp for public works facilities and infrastructure including roads, sidewalks, drainage facilities, public buildings, and other public facilities
BACKGROUND:

Slate Circle parking is located off of Raspberry Lane.

DISCUSSION:

In the urban landscape, the optimization of parking facilities is essential for both safety and efficiency.

Slate Circle, a parking area within our city, currently faces underutilization due to inadequate lighting and signage. This proposal advocates for the replacement of traditional lighting fixtures with LED technology, aiming to address safety concerns and improve the overall user experience.

Safety Concerns and Inefficiencies:

Slate Circle's current lighting infrastructure comprises nine fixtures, with only six in operational condition.

The insufficient illumination provided by these fixtures creates safety hazards for motorists and pedestrians, particularly during nighttime hours. Additionally, the absence of clear signage exacerbates navigation challenges, contributing to underutilization and traffic congestion in alternative parking areas.

The LED Solution:

LED lighting presents a compelling solution to the aforementioned challenges. Renowned for its superior luminosity and longevity, LED fixtures offer unparalleled brightness and reliability, effectively eliminating dark spots and enhancing visibility within Slate Circle. Moreover, LED technology aligns with our city's 74 Section 9, Item E.

C IT Y H AL L
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
commitment to sustainability, offering energy-efficient illumination that reduces operational costs and environmental impact over time.

Benefits of LED Implementation:

1. Enhanced Safety: By illuminating Slate Circle with bright, uniform light, LED fixtures mitigate safety risks associated with poor visibility, instilling confidence in motorists and pedestrians alike.

2. Improved Efficiency: The longevity and durability of LED lighting translate into reduced maintenance requirements and prolonged operational lifespans, ensuring consistent performance and minimal downtime.

3. Environmental Sustainability: LED technology's energy efficiency minimizes carbon footprint and resource consumption, aligning with our city's sustainability goals and fostering responsible urban development.

The transition to LED lighting in Slate Circle represents a strategic investment in safety and efficiency. By embracing this technology, we have the opportunity to transform an underutilized parking area into a beacon of safety and accessibility.

Staff will also be proposing adding additional signage along State Route 49 and Raspberry Lane, and restriping the parking lot as part of the 2024/25 budget.

Staff are looking into rebate options to help offset some of these costs and we are working on identifying the ongoing cost savings by making this change. As a rough estimate, CPPA records show that making this change will save 45% of current consumption.

CPPA Rate 0.175
Old Lights
kWh/light 9 Lights Monthly Charges Annual
228 2052 $ 359.10 $ 4,309.20
LED
73 657 $ 114.98 $ 1,379.70
Savings $ 2,929.50
75 Section 9, Item E.

C IT Y H AL L
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 quote is $4,100.00.

ATTACHMENTS:

Gold Electric Quote
76 Section 9, Item E.

To: David Porovich – City of Angels 3/28/2024
From: Kevin Fisher ~ Gold Electric, Inc.

Project: Parking Lot LED Lighting Retrofit
Per your request, Gold Electric, Inc. submits the following Scope of Work and Proposal regarding the above-referenced project:

Scope of Work:

Remove (9) existing area pole light fixture and install (9) new LED light fixture.

Existing light poles, wiring and controls are to remain and to be reused. All existing light fixtures will be disposed of or will be recycled. Gold Electric will provide a bucket truck to perform work on pole light fixtures.

EXCLUSIONS:

All work and material not mentioned in this proposal.

All work to be performed during normal business hours.

Any Permits, Bonds or Utility Fees.

Total Price:
$4,100.00
We appreciate the opportunity of offering our scope and proposal for your consideration. Should there be any questions, please feel free to contact us at your earliest convenience.

Sincerely,
Gold Electric, Inc.

By: ___________________________
Kevin Fisher

P.O. Box 1008
Murphys, CA 95247
Phone: (209) 728-3371
Fax: (209) 728-3420
77 Section 9, Item E.

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 {CW137477.1}Home of the Jumping Frog - Angelscamp.gov
DATE: April 16, 2024
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: Resolution No. 24-37, Authorizing Participation in and Approving the Amended Joint Powers Agreement of Calaveras County Fire and Appointing the Member Agency Representative and Alternate.

RECOMMENDATION:

Staff recommends the City Council approve Resolution No. 24-37, authorizing participation in and approving the Amended Joint Powers Agreement of Calaveras County Fire and appointing a primary and alternate representative to serve on the Calaveras County Fire Authority Board of Directors on behalf of the City of Angels Camp.

BACKGROUND:

The Calaveras County Fire Authority (the “Authority”) was formed in 2019, pursuant to Government Code section 6500 et seq., for the purpose of coordinating and consolidating the administration, operation, management and delivery of fire protection services, rescue services, emergency medical services, hazardous material emergency response services, ambulance services, pursuant to Health & Safety Code section 1797 et seq., adoption and enforcement of a fire prevention code, pursuant to Health & Safety Code section 13869 et. seq., and any other services relating to the protection of lives and property.

Currently, the Authority is made up of the following “Member Agencies”: Calaveras Consolidated Fire Protection District, Altaville-Melones Fire Protection District, Central Calaveras Fire Protection District, Copperopolis Fire Protection District, West Point Fire Protection District, San Andreas Fire Protection District, and Mokelumne Hill Fire Protection District.

DISCUSSION:

California Government Code section 6500 et seq. provides that two or more public agencies may by agreement jointly exercise any power common to the contracting parties. It is not necessary for any power common to the member agencies to be exercisable by each agency within respect to the geographical area in which such power is to be jointly exercised.

Each of the current Member Agencies, as well as the City, provide one or more the services included in the Authorities’ stated purpose. There is County-wide need for coordinated planning, administration, operation, and financing for the provision of fire and life safety protection services for the benefit of the public in order to obtain the maximum public benefit from the expenditure of public funds for such services. Consolidating the administration, financing, and provision of these services will reduce the 78 Section 9, Item F.

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 {CW137477.1}Home of the Jumping Frog - Angelscamp.gov
duplication of facilities, equipment, labor, administration, materials and supplies, planning, and training.

Consolidating such efforts will also provide a higher level of service to the public for less cost than each Member Agency providing such services independently.

To achieve the purposes of the Authority, through the Amended Joint Powers Agreement, the Authority and its Member Agencies are authorized to enter into agreements that specifically govern and define their respective rights, obligations, duties, and entitlements related to the planning, administration, operation, financing, and delivery of fire and life safety protection services, accomplished through their joint exercise of powers pursuant to the Agreement and the By Laws of the Authority.

KEY TERMS OF THE AGREEMENT:

1. Solidifies and memorializes certain past practices and agreements between Member Agencies and the County.

2. The Agreement shall be binding on the City upon execution and shall continue until terminated by withdrawal or involuntary dismissal.

3. The Authority is authorized to do all acts necessary for the exercise of common powers, including, but not limited to:
a. Make and enter into contracts;
b. Employ agents and employees and/or to contract for services from third parties c. Incur debts, liabilities and obligations;
d. Acquire property by gift, grant, exchange, devise, or purchase; e. Hold, lease, convey, sell, encumber, or dispose of property; f. Acquire, construct, manage, maintain or operate any building, works, equipment, or improvements;
g. Sue and to be sued in its own name;
h. Receive monetary contributions and donations of property, funds, labor, services, equipment, apparatus, and other forms of assistance from Member Agencies, or from other persons, firms, corporations and other governmental entities;
i. Issue or caused to be issued bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted by law, including, but not limited to, bonds or other evidences of indebtedness issued on behalf of the Authority or its member Agencies; j. Obtain in its own name all necessary permits, licenses, certifications, authorizations, opinions and rulings;
k. Whenever necessary to facilitate the exercise of its powers, to form and administer nonprofit corporations to perform one or more of the functions which the Authority is empowered to perform, or to perform any other proper corporate function, and to enter into agreements with such nonprofit corporations;
79 Section 9, Item F.

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 {CW137477.1}Home of the Jumping Frog - Angelscamp.gov

4. The Board of Directors shall be composed of the Chief Executive Officer and one representative from each Member Agency.

5. Each member agency who has at least one member present at a meeting shall have one vote on any matters put to vote by the Authority, regardless of the number of Directors present.

6. The Authority may be terminated at any time by unanimous consent of all participating Member Agencies.

7. The Agreement may be amended at any time by unanimous written consent of all Member Agencies.

Any Member Agency failing or refusing to sign an amendment may be involuntarily terminated from the Authority.

8. The Authority shall indemnify and hold harmless its directors, officers, administrators, agents, and employees against any claim or action arising out of any act or omission occurring with the scope of their official duties.

At this time, the Authority has no funds and makes no expenditures. Pursuant to Government Code section 6508.1, any debts or liabilities incurred by the Authority shall not be the debts or liabilities of the Member Agencies, unless assumed by resolution of the legislative body of any particular Member Agency.

ADDITIONAL ACTION
Should the City Council authorize participation in and approve the Amended Joint Powers Agreement of Calaveras County Fire, the Agreement requires each Member Agency to appoint a representative to server on the Board of Directors of the Authority on behalf of the Member Agency, and appoint one alternate representative to serve in the absence of the primary appointee.

Staff recommends that the City Council appoint the City’s Finance Director, Michelle Gonzalez, as the primary representative for the City and the City Administrator, Rebecca Callen, as the alternate representative.

FINANCIAL IMPACT:

It is expected that coordination of providing fire and life safety protection services to the public will result in cost savings to the City.

ATTACHMENTS:

1. Resolution 24-37, Authorizing Participation in and Approving the Amended Joint Powers Agreement of Calaveras County Fire and Appointing the Member Agency Representative and Alternate.

2. Amended Joint Powers Agreement of Calaveras County Fire

3. Bylaws of the Calaveras County Fire Joint Powers Authority 80 Section 9, Item F.
{CW137478.1}

CITY OF ANGELS

CITY COUNCIL
RESOLUTION NO. 24-37

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

AUTHORIZING PARTICIPATION IN AND APPROVING THE AMENDED JOINT

POWERS AGREEMENT OF CALAVERAS COUNTY FIRE AND APPOINTING THE

MEMBER AGENCY REPRESENTATIVE AND ALTERNATE
WHEREAS, California Government Code section 6500 et seq. provides that two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and
WHEREAS, the Calaveras County Fire Authority (the “Authority”) was formed in 2019, pursuant to Government Code section 6500 et seq., for the purpose of coordinating and consolidating the administration, operation, management and delivery of fire protection services, rescue services, emergency medical services, hazardous material emergency response services, ambulance services, pursuant to Health & Safety Code section 1797 et seq., adoption and enforcement of a fire prevention code, pursuant to Health & Safety Code section 13869 et. seq., and any other services relating to the protection of lives and property; and
WHEREAS, there is County-wide need for coordinated planning, administration, operation, and financing for the provision of fire and life safety protection services for the benefit of the public in order to obtain the maximum public benefit from the expenditure of public funds for such services; and
WHEREAS, City staff has evaluated the City of Angels’ community needs and determined that consolidating the administration, financing, and provision of fire protection services, through membership in the Authority will reduce the duplication of facilities, equipment, labor, administration, materials and supplies, planning, and training, and such efforts will also provide a higher level of service to the public for less cost than the City providing such services independently; and
WHEREAS, the Amended Joint Powers Agreement requires the City to appoint one primary representative to serve on the Board of Directors of the Authority and one alternative representative to serve in the absence of the primary appointee.

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

1. Authorize participation in the Calaveras County Fire Joint Powers Authority.

2. Approve the Amended Joint Powers Agreement of Calaveras County Fire, attached hereto as Exhibit A, and incorporated herein by this reference. 81 Section 9, Item F.
{CW137478.1}

3. Authorize the City Administrator to execute the Amended Joint Powers Agreement.

4. Appoint ____________________ as the City’s primary representative to serve on the Board of Directors of the Calaveras County Fire Joint Powers Authority.

5. Appoint ____________________ as the City’s alternate representative to serve on the Board of Directors of the Calaveras County Fire Joint Powers Authority when the primary representative is unable to fulfill their duties.

PASSED AND ADOPTED by the City Council of the City of Angels Camp at a regular meeting thereof held on the 16th of April 2024, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
Jennifer Davis-Herndon, Mayor
ATTEST:
_______________________________
Rose Beristianos, City Clerk
82 Section 9, Item F.
1 AMENDED JOINT POWERS AGREEMENT OF CALAVERAS

COUNTY FIRE
This Amended Joint Powers Agreement (the "Agreement") is made and entered into in the County of Calaveras, State of California, by and between the CALAVERAS

CONSOLIDATED FIRE PROTECTION DISTRICT, ALTAVILLE-MELONES FIRE

PROTECTION DISTRICT, CENTRAL CALAVERAS FIRE PROTECTION DISTRICT,

COPPEROPOLIS FIRE PROTECTION DISTRICT, WEST POINT FIRE PROTECTION

DISTRICT, EBBETTS PASS FIRE PROTECTION DISTRICT, MURPHYS FIRE PROTECTION

DISTRICT, SAN ANDREAS FIRE PROTECTION DISTRICT, AND MOKELUMNE HILL FIRE PROTECTION DISTRICT, fire protection districts formed and operating pursuant to the provisions of California Health and Safety Code Section 13800 et seq., AND THE CITY OF ANGELS, a general law city operating pursuant to the provisions of California Government Code Section 34000 et seq., which ten agencies form a political subdivision of the State of California (hereinafter “Calaveras County Fire Authority"), (and together, the "Member Agencies"), and any other public agencies in the State of California who may hereafter execute this Joint Powers Agreement and become a Member Agency of this Authority pursuant to the provisions of California Government Code Section 6500 et seq.

RECITAL
S
WHEREAS, each of the Member Agencies who have executed this Agreement is a “public agency" as that term is defined in Section 6500 of the California Government Code; and
WHEREAS, California Government Code Section 6500 et seq. provides that two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and
WHEREAS, each of the parties to this Agreement has the power to provide one or more of the following services to the public pursuant to the provisions of California Health and Safety Code Section 13800 et seq. or pursuant to California Government Code Section 38600 et. Seq:

A. Fire protection services. B. Rescue services. C. Emergency medical services. D. Hazardous material emergency response services, E. Ambulance services, pursuant to Division 2.5 (commencing with Section 1797 ). F. Adoption and enforcement of a fire prevention code pursuant to HSC 13869 et. seq. G.

Any other services relating to the protection of lives and property.

These services shall hereinafter be referred to as Fire and Life Safety Protection Services ; and
WHEREAS, there is a need among the Member Agencies for coordinated planning, administration, operation and financing of the provision of Fire and Life Safety Protection Services for the benefit of the public within their respective jurisdictional boundaries in order to obtain the maximum public benefit from the expenditure of public funds by the Member Agencies for such services; and
WHEREAS, the Member Agencies find that consolidating the administration, planning, financing, and provision of Fire and Life Safety Protection Services within their respective jurisdictional boundaries will reduce the duplication of facilities, equipment, 83 Section 9, Item F.
2 labor, administration, materials and supplies, planning, training, and provision of Fire and Life Safety Protection Services; and
WHEREAS, the Member Agencies find that the consolidation and coordination of the provision of Fire and Life Safety Protection Services will provide a higher level of service to the public for less cost that can be achieved by each Member Agency providing such services independently; and
WHEREAS, the Member Agencies desire to form a partnership based on these common goals and policies in order to increase the efficiency in the provision of Fire and Life Safety Protection Services to the public; and
WHEREAS, each of the Member Agencies which are parties to this Agreement desire to join together with other public agencies within Calaveras County who provide similar Fire and Life Safety Protection Services to collectively establish, operate, manage and administer such Fire and Life Safety Protection Services pursuant to the terms of this Agreement; and
WHEREAS, each of the Member Agencies which are parties to this Agreement find it to be to its mutual advantage and in the public benefit to jointly exercise some, any and all powers common to each of them including, but not limited to the provision of A. Fire protection services. B. Rescue services. C. Emergency medical services, D. Hazardous material emergency response services. E. Ambulance services, pursuant to Division 2.5 (commencing with Section 1797 ). F. Adoption and enforcement of a fire prevention code pursuant to HSC 13869 et. seq. G. Any other services relating to the protection of lives and property as permitted pursuant to the Joint Powers Act at California Government Code Section 6500 et seq.; and
WHEREAS, California Health and Safety Code Section 13860) authorizes fire protection districts to enter into joint powers agreements pursuant to Government Code Section 6500 et seq. and Government Code 6500 et seq authorizes cities to enter into joint powers agreements; and
WHEREAS, California Government Code Section 6502 provides that it is not necessary for any power common to the Member Agencies executing this Agreement to be exercisable by each such Member Agency with respect to the geographical area in which such power is to be jointly exercised; and
WHEREAS, it is the desire of the Member Agencies which have executed this Agreement to enter into this Agreement to better define the existence, functions, manner and method of operations of this Joint Powers Authority, and to specify the manner in which a cooperative working relationship can be established to coordinate the efficient delivery of Fire and Life Safety Protection Services to members of the public within Calaveras County; and WHEREAS, by execution of this Agreement, each Member Agency finds that it is to its mutual advantage and in the best interests of all the Member Agencies executing this Agreement to establish this Joint Powers Authority for the purposes specified herein; and WHEREAS, the agencies originally entered into a Joint Powers Agreement in 2019 and then an Amended Joint Powers Agreement in 2020, but failed in 2020 to clearly label the Amended Agreement as “Amended,” and in 2023 adopted an amended agreement to cure that omission, and now wish to include the CITY OF ANGELS in the agreement; NOW THEREFORE, for and in consideration of the execution of this Amended Agreement by other Agencies, each of the parties hereto does hereby agree as follows:
84 Section 9, Item F.
3 SECTION 1: PURPOSE
It is the purpose of this Agreement to establish, pursuant to the Joint Exercise of Powers Act, an authority to be known as the CALAVERAS COUNTY FIRE SERVICES JOINT POWERS AUTHORITY (hereinafter the "Calaveras County Fire Authority") for and with the purpose of coordinating and consolidating the administration, operation, management and delivery of some, any and for all the following Fire and Life Safety Protection Services:

A. Fire protection services. B. Rescue services. C. Emergency medical services.

D. Hazardous material emergency response services. E. Ambulance services, pursuant to Division 2.5 (commencing with Section 1797 ). F. Adoption and enforcement of a fire prevention code pursuant to HSC 13869 et. seq. G. Any other services relating to the protection of lives and property.

The Calaveras County Fire Authority believes these agreements and practices are for the benefit of the public within the respective jurisdictional boundaries of each Member Agency who executes this Agreement and becomes a Member Agency of the Authority. This Agreement is entered into by each Member Agency in order to jointly fund, administer, operate and manage the delivery of such services. It the further purpose of this Agreement to make more efficient use of the common powers of participating Member Agencies to provide such Fire and Life Safety Protection Services to the public in order to increase the efficiency of the delivery of such services and decrease the costs of providing such services to the public.

To achieve such purposes, the Authority and its participating Member Agencies who have executed this Agreement are hereby granted the authority to enter into agreements with themselves and other third parties that specifically govern and define their respective rights, obligations, duties and entitlements related to the planning, administration, operation, financing and delivery of such Fire and Life Safety Protection Services. These purposes shall be accomplished through a joint exercise of powers by said Member Agencies pursuant to the terms and conditions of this Agreement which creates a separate Joint Powers Authority known as the Calaveras County Fire Services Joint Powers Authority.

SECTION 2:

OBJECTIVES
The Calaveras County Fire Authority explicitly recognizes and desires to solidify and memorialize certain past practices and agreements that the member agencies have with the County of Calaveras. Memorializing these agreements and past practices and building future collaborations is the explicit primary purpose of the formation of this joint Powers Agreement.

These agreements and past practices include the
following:
85 Section 9, Item F.
4 1. Calaveras County allocates 10% of monies received pursuant to Proposition 172 to the Calaveras County Fire Agencies. As Proposition 172 was intended fund Public Safety, the Calaveras County Fire Authority believes that this is the minimum level of acceptable funding to maintain Fire Protection in Calaveras County.

2. Calaveras County allocates 25% of monies received from the Transient Occupancy Tax to the Fire Agencies in the County (excluding the City of Angels Camp). Transient Occupancy taxes help offset the costs of providing services to visitors to Calaveras County. Tourism is a critical industry in Calaveras County, and the members of the Calaveras County Fire Authority believe this allocation is critical in maintaining quality fire protection services and support the tourism industry in Calaveras County.

3. Calaveras County collects Water Enhancement Fees and the Calaveras County Fire Authority desires to ensure that these funds continue to be allocated to the provision of water for fire suppression, including the water tender program. The Ordinance establishing this funding needs to be reviewed and updated and a purpose of this agreement is to ensure that this is completed and represents the interests of the Calaveras County Fire Authority.

4. As a result of the reorganization of Fire Protection Services in Calaveras County, the Fire Protection Districts assumed responsibility for providing EMS and fire protection services.

Providing Emergency Dispatch Services and a County Fire Marshal (fire inspections, plans review, and fire code enforcement, etc.) remained the responsibility of Calaveras County, with the agreement that the Fire Districts would be consulted on matters of mutual interest. The County of Calaveras also retained responsibility for funding the provision of emergency dispatch services. The Calaveras County Fire Authority desires to establish a mechanism wherein these matters of mutual interest could be addressed in a consistent manner and public safety related issues to fire protection matters in Calaveras County would be addressed.

SECTION 3: CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500 et seq. of the California Government Code, there is hereby created a public entity separate and apart from the parties hereto, to be known as the Calaveras County Fire Services Joint Powers Authority (the "Calaveras County Fire Authority"). A notice of this Agreement shall be filed with the Secretary of State within 30 days after the effective date as required by Government Code Section 6503.5,
SECTION 4: MEMBERSHIP
Each Member Agency which is a party to this Agreement must be a public agency which is duly organized and existing under the laws of the State of California with the power to provide at least one of the following services within the geographical area comprising Calaveras County:
86 Section 9, Item F.
5 A. Fire protection services. B. Rescue services. C. Emergency medical services.

Each Member Agency must be approved for participation in the Authority in the manner provided in the Bylaws of the Authority.

SECTION 5: PARTIES TO

AGREEMENT
Each Member Agency which has signed this Agreement certifies that it intends to and does contract with the Authority, and with all other Member Agencies who have signed this Agreement, and, in addition, with each Member Agency which may later be added as a party to and may sign this Agreement. Each Member Agency which has or may hereafter sign this Agreement also certifies that the deletion of any Member Agency from this Agreement by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member Agency's intent to contract as described above with the then remaining Member Agencies.

SECTION 6: TERM OF AGREEMENT
After becoming effective upon the execution of this Agreement by all participating parties as the initial signatory Member Agencies who have been admitted to membership in the Authority, this Agreement shall continue thereafter until terminated as provided herein. This Agreement shall become effective as to each initial signatory Agency of the Authority upon the date of its execution by such Member Agencies; and shall become effective as to Member Agencies who later execute this Agreement upon approval of each Member Agency's membership by the Board of Directors of the Authority, execution of this Agreement by such Member Agency and by the Authority, and by payment by each Member Agency of any initial contributions required for participation in the coordinated and consolidated programs and services offered by the Authority for the benefit of the public. "
SECTION 7: POWERS OF THE AUTHORITY
The Authority shall have all the powers common to its participating Member Agencies and all additional powers set forth in the Joint Powers Authority Act relating to the creation, establishment, financing, use, operation, administration, management and delivery of
A. Fire protection services. B. Rescue services. C. Emergency medical services. D.

Hazardous material emergency response services. E. Ambulance services, pursuant to Division 2.5 (commencing with Section 1797 ). F. Adoption and enforcement of a fire prevention code pursuant to HSC 13869 et. seq. G. Any other services relating to the 87 Section 9, Item F.
6 protection of lives and property for the benefit of the public located within the jurisdictional boundaries of any of the participating Member Agencies.

This Joint Powers Authority hereby is authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, any or all of the following:

A. to make and enter into contracts; B. to employ agents and employees and/or to contract for services from third parties; C. to incur debts, liabilities and obligations; to acquire property by gift, grant, exchange, devise, or purchase; D. to hold, lease, convey, sell, encumber, or dispose of property; E. to acquire, construct, manage, maintain or operate any building, works, equipment, or improvements; F. to sue and to be sued in its own name; G. to receive monetary contributions and donations of property, funds, labor, services, equipment, apparatus, and other forms of assistance from Member Agencies, or from other persons, firms, corporations and other governmental entities; to receive contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations, and other governmental entities; H. to issue or caused to be issued bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted by law by Articles 2 and 4, Chapter 5, Division 7, Title 1 of the Government Code or otherwise including, but not limited to, bonds or other evidences of indebtedness issued on behalf of the Authority or its member Agencies; I. obtain in its own name all necessary permits, licenses, certifications, authorizations, opinions and rulings; J. whenever necessary to facilitate the exercise of its powers, to form and administer nonprofit corporations to perform one or more of the functions which the Authority is empowered to perform, or to perform any other proper corporate function, and to enter into agreements with such nonprofit corporations; K. exercise all powers incidental, necessary and proper to carry out the terms and provisions of this Agreement.

SECTION 8: BOARD OF

DIRECTORS
All powers of the Authority shall be exercised by and through its Board of Directors.

Said Board of Directors is hereby designated as the agency to administer and execute this Agreement pursuant to Government Code Section 6506. The Board of Directors shall be composed of the Chief Executive Officer and one designated member who shall be a Board member or Officer of the member agency. Each member agency shall also designate an alternate who shall be a Board member or Officer of the member agency .

Each member agency who has at least one member present at a meeting shall have one vote on any matters put to vote by the Authority, regardless of the number of Directors present at any meeting where a vote is held. The Board of Directors shall have the authority to conduct all business and govern all the affairs of this joint Powers Authority under the provisions hereof and pursuant to law and shall have such powers and functions as are provided for herein, in the Bylaws, or by law.
88 Section 9, Item F.
7 SECTION 9: POWERS OF THE BOARD OF

DIRECTORS
The Board of Directors shall have the following
powers:

A. Exercise all powers and conduct all business of this Joint Powers Authority.

B. Determine the manner and method of providing the Fire and Life Safety Protection Services authorized by this Agreement including but not limited to: (1) any contributions from the treasuries of the Member Agencies required to provide the Fire and Life Safety Protection Services authorized by this Agreement; (2) determine the amount and method of payment of public funds which may be made by the Member Agencies to defray the costs of providing such services; and (3) provide for the advancement of public funds on behalf of one or more Member Agencies to the Authority in order to facilitate the provision of services authorized by this Agreement and to determine the manner and method by which such advances will be repaid; and (4) determine the manner, method and procedure by which personnel, equipment, apparatus, or property of one or more of the Member Agencies may be loaned to the Authority in lieu of monetary contributions or advances of funds from the treasuries of such Member Agencies.

C. Contract for various services to be provided to the Authority including, but not limited to, legal services, accountancy services, auditing services, capital improvement and equipment financing services, risk management services, and special tax, assessment and fee development services.

D. Appoint committees; appoint staff or designate staff from Member Agencies to provide services on behalf of the Authority; and employ such persons as the Board of Directors deems necessary for the administration of this Joint Powers Authority and the effective provision of services by this Joint Powers Authority, or alternatively designate employees of Member Agencies to perform such services on behalf of the Authority.

E. Determine and purchase all necessary insurance coverage to protect the Authority and its funds in the delivery of Fire and Life Safety Protection Services by the Authority.

Determine and collect contributions and/or advances of public funds from the treasuries of Member Agencies or determine the manner and method of donation of personnel, equipment, apparatus or property by one or more of the Member Agencies to the Authority in consideration for participation in the consolidated delivery of fire suppression and emergency medical and rescue services by the Member Agencies of the Authority.

F. Deposit all funds received by the Authority in separate bank accounts in the name of the Authority.
89 Section 9, Item F.
8 G. Invest funds on hand in any manner authorized by law for the investment of funds of a public agency.

H. Direct the payment, adjustment, and defense of all claims filed by third parties which allege liability of Member Agencies of the Authority during the period of their membership in and participation in the Authority.

I. Expend funds of the Authority only for the purpose of carrying out the provisions of the Joint Powers Agreement and the Bylaws as they now exist or may hereafter be amended.

J. Purchase liability insurance, directors and officers liability insurance, and such other insurance as the Board of Directors may deem necessary or proper in order to protect the Authority, its employees and the Member Agencies and their personnel.

K. Obtain a fidelity bond in such amount as the Board of Directors may determine for any person or persons who have charge of or the authority to expend funds of the Authority.

L. Acquire property, equipment, apparatus, and/or materials and supplies by gift, grant, exchange, lease, devise, or purchase; or hold, lease, convey, sell, encumber, or dispose of all such property, equipment, apparatus, and/or materials and supplies necessary or appropriate to carry
out the powers and operations of the Authority.

M. Establish bylaws as well as policies and procedures for the operation and administration of the Authority.

N. Enter into contracts or agreements necessary or appropriate to carry out the purposes and functions of the Authority.

SECTION 10: RESTRICTIONS ON
POWER
Such powers enumerated in Section 6 hereof are subject to the restrictions upon the manner of exercising power by a Fire Protection District formed and operating pursuant to the provisions of Health and Safety Code Section 13800 et seq. or its successor, pursuant to California Government Code Section 6509. Within the jurisdiction of each member agency, the member agency may choose to opt in or out of the exercise of any power specified in Section

6. SECTION 11: ADMINISTRATIVE SERVICES AND

TREASURER
Pursuant to California Government Code Section 6506, under the direction of the Board of Directors of the Authority, Officers shall be elected pursuant to the Bylaws of the Authority and shall provide all administrative services to the Authority under the direction of the Board of Directors of the Authority on a continuing basis.

At the time this Amended Agreement is prepared in 2024, the Authority has no funds, makes no expenditures, and does not anticipate doing so. However, pursuant to the Joint Exercise of Powers Act and Gov. Code Sec. 6505.5, the Authority designates the Treasurer of 90 Section 9, Item F.
9 Central Calaveras Fire Protection District to serve as the depositary and custodian of all the money of the Authority. The Treasurer of Central Calaveras Fire Protection District shall on behalf of the Authority:

A) Receive and receipt for all money of the Authority and place it in the treasury designated to the credit of the Authority.

B) Be responsible for the safekeeping and disbursement of all Authority money so held.

C) Pay, when due, with Authority funds, all sums payable on the Authority’s behalf.

D) Pay any other sums due from the Authority only upon warrants of the public officer performing the functions of auditor or controller as designated by this agreement.

E) Verify and report in writing on the first day of July, October, January and April each year to the Authority and the member agencies the amount of money held in by the Authority and the amounts received and paid out since the last report.

The governing board of Central Calaveras Fire Protection Fire District shall have authority to retain a Certified Public Accountant to audit Authority finances and to charge the Authority for the expense.

SECTION 12:

BYLAWS
Once formed, the Authority, shall adopt Bylaws. Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all the terms and conditions of this Agreement and of said Bylaws as adopted or amended. The Authority shall operate and conduct its business and affairs pursuant to the terms of this Agreement and said Bylaws.

SECTION 13: WITHDRAWAL OR INVOLUNTARY

TERMINATION
Any Member Agency may voluntarily withdraw from membership in the Authority as provided in the Bylaws; or a Member Agency may be involuntarily terminated from membership in the Authority as provided in the Bylaws. Such withdrawal by or involuntary termination of a Member Agency shall not terminate this Agreement as to the remaining Member Agencies or the existence of the Authority. Said withdrawing or terminated Member Agency shall remain subject to any and all outstanding obligations arising out of any agreements to which said withdrawn or terminated Member Agency is a signatory.

SECTION 14: TERMINATION OF

AUTHORITY
The Authority may be terminated at any time upon the agreement of all of the then participating Member Agencies, provided, however, that the Authority shall continue to exist for the purpose 91 Section 9, Item F.
10 of disposing of all claims, distribution of all assets, and all other functions necessary to wind up the affairs of the Authority. Upon termination, and after making proper provisions for the winding up of the affairs of the Authority, the Authority shall pay to the then participating Member Agencies their pro rata share of the net assets of the Authority pursuant to the provisions of the Bylaws.

SECTION 15:

AMENDMENTS
This Joint Powers Agreement may be amended by an amendment in writing signed by all of the Member Agencies then parties to this Agreement. Upon signature of any amendment by all of the then participating Member Agencies, any Member Agency failing or refusing to sign such amendment may be involuntarily terminated as a party to this Agreement as provided in the Bylaws.

SECTION 16:

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted to enforce any term of this Agreement or any term of the Bylaws against any Member Agency which has signed this Agreement, the Member Agency agrees to pay such sums as the court may fix as attorneys fees and costs incurred by the Authority in enforcing this Agreement in said action.

SECTION 17: NON-LIABILITY OF MEMBER

AGENCIES
Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of the Authority shall not be the debts, liabilities or obligations of the Member Agencies which are parties to the Joint Powers Agreement, unless assumed in a particular case by resolution of the legislative body of a participating Member Agency.

SECTION 18: NON-LIABILITY OF DIRECTORS, OFFICERS,

ADMINISTRATOR, AGENTS AND EMPLOYEES
The Authority and its directors, officers, administrator, agents, and employees shall not be liable to the Authority, to any participating member Agency, or to any other person for any actual or alleged breach of duty, mistake of judgment, neglect, error, misstatement, misleading statement, or any other act or omission in the performance of their duties hereunder, for any action taken or admitted by any director, officer, administrator, agent, or employee, for loss incurred through the investment or failure to invest funds; or loss attributable to any failure or omission to procure or maintain insurance; except in the event of fraud, gross negligence, or intentional misconduct of such director, officer, administrator, agent, or employee. No 92 Section 9, Item F.
11 director, officer, administrator, agent, or employee shall be liable for any action taken or omitted by any other director, officer, administrator, agent, or employee.

SECTION 19: INDEMNIFICATION OF BOARD OF

DIRECTORS, OFFICERS, ADMINISTRATOR, AGENTS, AND

EMPLOYEES
As a public entity, the Authority shall defend and shall indemnify and hold harmless its directors, officers, administrator, agents, and employees against any claim or action arising out of any act or omission occurring within the scope of employment for Authority pursuant to the provisions of Division 3.6, Title 1, of the California Government Code, commencing at Government Code Section 810. The Authority may purchase insurance to provide coverage for acts or omissions of its directors, officers, administrator, agents and employees, pursuant to the Authority bylaws.

SECTION 20: MISCELLANEOUS

PROVISIONS
A. This Agreement shall bind and inure to the successors in interest of the Authority and to the successors in interest of each participating Member Agency in the same manner as if such parties had been expressly named herein. B. This Agreement shall be governed by the laws of the State of California. This Agreement together with the documents incorporated into the Agreement by reference constitute the entire Agreement between the parties regarding its subject matter. If any provisions in this Agreement are held by any court to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall nevertheless continue in full force and effect.

SECTION 21: EXECUTION IN COUNTERPARTS
This Amended Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document. ______________________________________________________(Name of District or City Government)
Ayes: _____
Noes: _____
Board Chairman Signature: _____________________
Date: _________________
___
93 Section 9, Item F.

BYLAWS OF THE CALAVERAS COUNTY FIRE JOINT POWERS AUTHORITY

PURPOSE
The purpose of these By-Laws is to facilitate compliance with applicable laws, encourage public participation, provide guidance on decorum, and enhance effective and efficient management of Board meetings.

II. GENERAL
These By-Laws are intended to expedite the transaction of business of the Board of Directors in an orderly fashion, and are deemed to be procedural only. The failure to strictly observe application of the rules shall not affect the jurisdiction of the Board or invalidate any action taken at a meeting that is otherwise held in conformity with the law. Except as otherwise provided by law, these rules, or any one of them, may be suspended by a majority of the Board.

III. MEETINGS
A. Regular Meetings and Annual Calendar
Regular meetings shall generally be held on the fourth Wednesday of every other month commencing June of 2019. Generally, regular meetings will begin at 9:00 a.m., unless a regular meeting is specifically scheduled and noticed in the evening, or unless a Closed Session item is agendized. If there is a Closed Session scheduled and noticed, the Board will immediately convene to Closed Session.

Regular meetings shall be held at Angels Camp Fire 1404 Vallecito Rd., Angels Camp, CA, California, unless the time, date and location are changed and so noticed.

The Clerk will prepare and distribute, at least 72 hours before the time of the Regular Meeting, written notice to each Agency, Board Member, Alternate Member, the Authority’s website, and the meeting location.

An annual calendar of meetings shall be adopted by the Board at their first meeting in January. The calendar will include all known regular meetings.

The annual calendar may be amended at any time during the year and/or any regular meeting may be added or canceled by a majority vote of the Board.

B. Special Meetings, Workshops and Planning Meetings
Special meetings may be called at any time by the Chair, or by a majority of the members. Upon the call of a special meeting, the Clerk will prepare and distribute, at least 24 hours before the time of the special meeting, written notice to each Agency, Board Member ,Alternate Member the 94 Section 9, Item F.

Authority’s website, and the meeting location. The notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings.

Workshops, Study Sessions and Planning Meetings may be called by the Chair or by a majority of the Board at times and locations in accordance with the law and specified notice provisions.

C. Emergency Meetings
Emergency meetings may be called by the Chair or by a majority of the Board, in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities. Upon the call of an emergency meeting, the Clerk shall give notice of the meeting to each Agency, Board Member ,Alternate Member the Authority’s website, and the meeting location.

D. Closed Sessions
Closed sessions of the Board can be called by the Chair or by a majority of the Board, for those purposes allowed by law.

Prior to holding any closed session, the Chair shall announce the session in an open meeting, and shall provide an opportunity for public comment on items on the closed session agenda. During the closed session the Board may consider only those items on the agenda. At the conclusion of the closed session the Board shall report, in an open meeting any reportable action taken, as required by law.

IV. ELECTIONS, POWERS, AND DUTIES OF THE CHAIR, VICE-CHAIR, AND CHAIR PROTEMPORE A. Annual Selection of Chair, Vice Chair
At its first regular meeting, after January 1 of each year, the Board shall nominate and elect from its membership a Chair and Vice Chair. The Chair shall call the meeting to order and the first order of business shall be the election of officers for the ensuing calendar year. The Chair and Vice Chair, shall serve until the election of their successors.

B. Powers of Chair and Vice-Chair
The Chair shall serve as presiding officer of the Board, run the meeting, rule on questions of procedure, and execute official Board records and documents presented by the Clerk / Treasurer. The Chair shall prepare the agenda and shall include any items timely requested by any Board Member or Member Agency. Any decision delegated to the Chair pursuant to these Rules, upon the immediate objection of a Board member, may be overruled by a majority of the Board. The nature of any appeal shall be briefly stated and the Chair shall have 95 Section 9, Item F.
the right to state the reason for his or her decision. Unless overruled, the decision of the Chair shall be final.

In the absence or unavailability of the Chair, the Vice-Chair shall call the meeting to order and serve as presiding officer. The Vice-Chair shall have and exercise all the powers and duties of the Chair for meetings over which he or she is called to preside and at ceremonial and official functions, which the Chair cannot attend.

V. AGENDAS AND AGENDA MATERIALS
At least 72 hours before a regular meeting, the Clerk shall cause the agenda to be posted. The agenda shall consist of a brief statement of each item to be considered by the Board. The agenda shall indicate the time and location of the meeting and shall be posted as required by law.

VI. CONDUCT OF BUSINESS
A. Order of Business
The Board shall conduct business in the order specified in the posted agenda or as modified at the discretion of the Chair. Without amending these Rules, the Board may modify or amend the Order of Business for Regular meetings.

B. Board Member; Alternates; Notification of Absence
In the event a Board member or alternate is unable to attend a meeting, all reasonable efforts shall be made to notify the Chair and Clerk as soon as possible to ensure there are sufficient members present to consider all agenda items.

C. Quorum and Action
Fifty percent plus one of the attending members of the Authority Board shall constitute a quorum sufficient to transact business. In the absence of a quorum, the remaining members or the Clerk may adjourn the meeting to another date and time and shall post a Notice of Adjournment.

D. Matters Not on the Agenda/Emergency Items
No action shall be taken on any item not appearing on the posted agenda except:
a. Upon a majority vote of the Board that an emergency situation exists as defined in Government Code §54956.5;
b. Upon a determination by a four-fifths (4/5) vote of the Board, or if less than four-fifths (4/5) of the members are present, a unanimous vote of those members present, that 1) there is a need to take immediate action, and 2) the issue arose subsequent to the agenda being posted;
96 Section 9, Item F.
c. If an item appeared on the agenda of, and was continued from, a meeting held not more than five (5) calendar days earlier. (Government Code §54954.2(b)) Any requests to hear a matter not on the agenda or emergency item shall be communicated to the Chair, and the Clerk as soon as the need becomes known.

E. Consent/Regular Agenda Items
Agenda items on the Consent Agenda are routine in nature, consistent with adopted Board policy, and do not require individual consideration.

The Consent Agenda will be enacted by one motion for approval of the recommended actions. There will be no separate discussion of these items prior to the time the Board votes on the motion unless any member of the Board, staff or the Public requests removal of a specific item from the Consent Agenda for separate discussion and action. Any Board member may ask the Clerk to record a “no” or “abstention” vote on any Consent Calendar item.

Members of the public are invited to comment on items on the Consent Agenda and generally will be provided up to three (3) minutes for their comments. Time limits are at the discretion of the Chair, and may be reduced or extended.

Agenda items on the Regular Agenda require separate discussion and/or action and may include, but are not limited to changes in policy, items that require the Board to consider options and provide direction, requests for new or unbudgeted positions, introductions or adoption of a proposed Ordinance, Public Hearings, and other matters as required by law.

Members of the public are invited to comment on items on the Regular Agenda and generally will be provided up to three (3) minutes per item for their comments. Time limits are at the discretion of the Chair, and may be reduced or extended.

VII. PROCEDURE AND VOTING
A. Order and Decorum
The Chair shall preserve order and decorum and shall decide questions of order and procedure subject to an appeal to the Board. The nature of any appeal shall be briefly stated and the Chair shall have the right to state the reason for his or her decision.

A Board member wishing to speak shall refrain until he or she has been recognized by the Chair. While a member is speaking, members shall be respectful and shall not engage in or entertain private discussions.

Consistent with the purpose of the Rules, members are encouraged to use a formal style, including appropriate titles, in addressing the public, staff 97 Section 9, Item F.
and each other. All members shall lead by example and are encouraged to refrain from the use of profanity, emotional outbursts, and personal attacks on one another, staff, and the public.

B. Point of Order
A point of order may only be made by a Board member or County staff member and shall be limited to identifying an infraction of the rules, or improper decorum in speaking. It must be raised immediately after the error is made and the Chair has the authority to uphold or deny the point of order. Points of order shall not be used to create a public nuisance and/or disrupt the proceedings.

C. Commitment to Civility
To assure civility in its public meetings, staff and the public are also encouraged to engage in respectful dialog that supports freedom of speech and values diversity of opinion. To achieve compliance with these Rules, elected officials, County staff, and the public are encouraged to:
 Foster an atmosphere of respect and civility where ideas and views are freely expressed;
 Maintain a cordial and respectful atmosphere during discussions;  Foster meaningful dialogue;
 Listen with an open mind to all information, including dissenting points of view;
 Recognize it is sometimes difficult to speak at Board meetings, and out of respect for each person’s feelings, allow them to have their say without comment.
 Adhere to speaking time limits
D. Motions – General
Any motion for action shall require a second before being acknowledged by the Chair. The Clerk shall enter into the minutes the motion and the names of the moving and seconding members. After a motion is stated by the Chair, it shall be open for debate but may be withdrawn by the maker at any time before a decision is made or an amendment adopted. A motion may be amended with the consent of the moving and seconding members at any time before a decision is made or an amendment adopted unless another motion is pending. The Chair should not make or second a motion unless the Chair is convinced that no other member of the Board will do so at that point in time.

The Clerk shall enter into the minutes the vote of each member on each motion.

E. Voting
98 Section 9, Item F.

It shall take a majority vote of the member agencies present to pass any motion, except where supermajority four-fifths (4/5) votes or unanimous votes are required by law.

F. Abstention Votes
A Board member may abstain from voting on any matter at any time. If an abstention vote is based on a stated conflict of interest, the voting Board member shall not be counted as part of the quorum voting on the issue. If an abstention vote is not based on a stated conflict of interest, the voting Board member shall be counted as part of the quorum, but the vote shall not be counted in tallying the vote negatively or positively. An abstention from voting on the merits of any matter shall be announced audibly and shall be recorded only as an “abstain” vote.

G. Roll Call Votes
The roll need not be called in voting upon a motion except where specifically required by law or requested by a Board member or the Chair.

Each roll call vote shall be made in an order determined by the Clerk or directed by the Chair but generally shall first include: the maker of the motion; the member who seconded the motion; the balance of the members present in order of District, with the Chair called last, unless the Chair made, or seconded, the motion.

H. Conflict of Interest
Any member with a disqualifying conflict of interest must, in compliance with the Political Reform Act:
a. Publicly state the nature of the conflict in sufficient detail to be understood by the public;
b. Recuse himself/herself from discussing and voting on item; and c. Leave the room until after the discussion, vote, and other disposition of the matter is concluded, unless the matter has been placed on the Consent Calendar.

The member may be allowed to address the Board as a member of the public. Disclosure of a conflict shall be noted in the official Board minutes.

The member must also comply with all other applicable conflicts of interest laws.

Members may not have a financial interest in a contract approved or considered by the Board. In these cases disclosure and recusal does not remove the conflict and such a contract is considered void (Government Code §1090).

I. Motion to Reconsider
99 Section 9, Item F.

Any Board member who votes in the majority on a question, as well as any Board member who was absent, is eligible to make a motion to reconsider. A motion to reconsider shall be in order during the meeting at which the action to be reconsidered took place, provided members of the public in attendance during the original action are still present in the Board chamber. In all other cases, motions for reconsideration must be placed on a future agenda for action. A motion to reconsider shall require a majority vote.

J. Substitute Motion
A substitute motion is an amendment where a recommended action or resolution is rejected and another is inserted in its place. The motion to substitute, if adopted by majority vote, does away entirely with the original motion. The vote shall then be taken on the motion that was substituted. A substitute motion is appropriate if amendments become involved or a recommended action requires considerable changes. A substitute motion may not be made when an amendment is pending.

VIII. DUTIES OF STAFF DURING BOARD MEETINGS
At the first regular meeting, after January 1 of each year, the Board shall appoint a Clerk, who shall act as Secretary and Treasurer. These appointments shall be made from the staff of the Member agencies.

The Clerk shall be present during all meetings for the purpose of taking and maintaining the minutes of the meeting; presenting and receiving correspondence, records, documents, claims, reports, or petitions; preserving all records; marking or attesting all resolutions and ordinances; imparting information on Board documents of public record; and otherwise fulfilling all duties imposed by law or required by the Board. The Clerk will provide electronic copies of draft minutes of the previous Board meeting to Board members and Alternate Board Members 72 hours in advance of Regular meetings and shall provide electronic copies of approved Minutes within 72 hours of their adoption. In the absence of the Clerk, the Chair will appoint an alternate staff member to assume the responsibilities of the Clerk. As Treasurer, the Clerk shall maintain the financial records of the Authority and shall provide a status report on the Authority’s finances at each Regular Meeting.

IX. COMMITTEES
A. Board Committees/Assignments and Reporting Requirements 100
Section 9, Item F.

The Clerk shall maintain a list of Board Committees and Assignments. The list of appointments shall be adopted by the Board in January.

All members who are assigned to special projects, committees, and separate boards or commissions shall provide regular reports to the full Board regarding their activity in connection with the special projects, committees, and separate boards or commissions.

Committee members shall call board committee meetings as needed provided they are held in conformance with the law.

B. Standing Committees
Standing committees are those which have continuing jurisdiction over a particular subject matter or whose meeting schedule is fixed by resolution or action of the Board. Even if comprised of less than a quorum of the Board, a standing committee is subject to the Brown Act.

The Board shall appoint members to each standing committee. Generally, appointments shall occur at the Board’s first regular meeting in January.

All standing committees shall be appointed for the calendar year, and the members shall continue as committee members until their successors have been appointed.

C. Ad-Hoc Committees
Ad-Hoc committees are not subject to the Brown Act. They may be formed by Board action, shall be solely composed of members of the Board, less than a quorum of the Board, shall serve a limited or single purpose, for a limited time, and shall be dissolved once the specific task assigned is completed.

Ad-Hoc Committees are encouraged to conclude their business at the end of each calendar year. The Clerk will maintain a current index of Ad-Hoc Committees and their purpose.

X. PARTICIPATION OF THE PUBLIC
A. Public Comment / Time Limits
Members of the public have the right to address the Board on any item within the subject matter jurisdiction of the Board. Members of the public shall direct their comments to the Chair who may, at his or her discretion, request a response from staff. Time limitations are at the discretion of the Chair, and may be reduced or extended.
101
Section 9, Item F.

Public comments for items on the agenda will be heard during the discussion of the specific item, but prior to the Board taking action on the item.

Under the General Public Comments portion of the meeting, members of the public will be allowed to address the Board regarding any item not on the agenda, but within the subject matter jurisdiction of the Board. No action may be taken on items not on the agenda unless authorized by law.

Special meeting agendas may, but are not required to provide the public an opportunity to speak on items not on the agenda.

B. Written Comments
In the event that anyone desiring to comment before the Board wants to present more information to the Board than may be accomplished within the time limits established, such person shall be permitted to present the information to the Board in writing on or before the time of hearings unless there are other statutory time periods for providing written comments applicable due to the nature of the hearing. Written comments shall be submitted to the Clerk.

C. Orderly Conduct
The Chair may determine when orderly conduct of a meeting is not feasible due to disruptive behavior by person(s) in attendance. The Chair may request that person(s) disrupting the meeting leave the Board Chambers. If order cannot be restored, the Chair may order the Chambers cleared and continue in session. Members of the news media, except those participating in the disturbance, shall be allowed to remain. The Chair may re-admit any person(s) provided their re-admission will not disrupt the continued orderly conduct of business. The Chair may also call a recess and reconvene when order has been restored.

D. Security and Prohibition of Banners/Signs or other Hazardous Objects The Chair and/or the Board has the power to implement security measures in the Board Chambers and in alternate locations where the Board may meet. Signs, posters, or banners in excess of 18x24 inches are prohibited in the Chambers. Any other large object/container or hazardous object(s) which could impair the safety of individuals in the event of an emergency may be prohibited by the Chair. All allowable signs, posters, banners and/or any other permitted items shall be placed in a designated area identified by and at the direction of the Chair or the Chair’s designee.
102
Section 9, Item F.

C IT Y H AL L
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: April 16, 2024
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVE RESOLUTION 24-36 AWARDING CONTRACT FOR THE BOOSTER WAY PROJECT TO R. SUTTON ENTERPRISES, LLC IN AN AMOUNT NOT TO EXCEED $639,575.00 AND DESIGNATE THE CITY ADMINISTRATOR TO EXECUTE THE CONTRACT RECOMMENDATION:

Approve Resolution 24-36, awarding the construction contract for the Booster Way Project to R. Sutton Enterprises LLC in an amount not the exceed $639,575.00 and designate the City Administrator to execute the contract.

STRATEGIC PLAN ALIGNMENT:

Public Facilities & Services: Continue to improve Angels Camps’ capacity to store, treat, and deliver water and to collect and treat wastewater as necessary to achieve the stated goals of the city.

BACKGROUND:

City Council directed staff to issue an RFP for the Booster Way Construction project on February 20, 2024.

DISCUSSION:

Staff placed the RFP on Public Purchase, our city website, and across social media. The release notified 4,343 potential vendors, nationwide. 113 vendors accessed the RFP, while 70 downloaded the required documents. A pre-bid meeting was held on March 14th, where a total of 7 vendors attended and on the closing date of April 4, 2024, the city received three sealed bids.

The City Engineer and City Administrator were present, with all three proposers to open the bids at 2:05 pm. After reviewing the required elements of the bid packages, the most responsive, lowest bidder was R Sutton Enterprises LLC at $639,676.00.

The other bidders were:

Soracco, Inc. $691,116.00
Njirich & Sons Inc. $1,558,025.00
Construction $639,575.00
103
Section 9, Item G.

C IT Y H AL L
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
Inspections (Unico) and CM $115,000
Engineering (Dewberry) $20,000
Materials Testing $5,000
Total $779,575
FINANCIAL IMPACT:

The 2023/24 Budget included budget of $600,000 for the project ($100,000 from expansion funds and $500,000 from Sewer Capital). The remaining funds will come from the fund balance in the Sewer Capital Fund (310) and/or the Sewer Operating Fund (300).

Fund 310 – Sewer Capital Balance is $1,390,671
Fund 300 – Sewer Operating Balance is $6,427,035.85 (with 3 more months of costs)  Staff recommend with the 2024/25 fiscal year budget to transfer the non-operating balance to the capital fund.

ATTACHMENTS:

Draft Construction Contract
Sutton Scope
Booster Way Task Order for CM, Inspection, Engineering, and Testing Resolution 24-36 Construction Award
104
Section 9, Item G.

City of Angels 00500-1 19002H
Booster Way Sewer Replacement Project

CONSTRUCTION SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF ANGELS
AND ________________________
Project No. __-___

BOOSTER WAY PROJECT
THIS CONSTRUCTION SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF ANGELS, a California municipal corporation (“City”), and ________________, a ______________ (“Contractor”), on this ____ day of _________ 20__ (the “Effective Date”). City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks a duly qualified and licensed firm experienced in the construction of __________________ (the “Project”).

B. The Project involves the expenditure of funds in excess of $5,000 and constitutes a “public project” pursuant to Public Contract Code section 20161.

C. Contractor has made a proposal to City to provide construction services, a copy of which is attached and incorporated hereto as Exhibit A (the “Services”).

D. City has determined it is necessary and desirable to employ the services of Contractor to perform construction work on the Project.

E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on _____________, 20___, at a duly noticed meeting of the City Council of the City of Angels Camp, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Contract Documents: This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Notice to Bidders;
ii. Contractor’s Bid or Proposal accepted by City;
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AGREEMENT
City of Angels 00500-2 19002H
Booster Way Sewer Replacement Project
iii. General Conditions, Supplementary Conditions, and Special Provisions of the City of Angels for [Project Name];
iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required by the Contract Documents; vi. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and
vii. The current edition of the City of Angels Camp Standard Specifications and Drawings.

All of the Contract Documents are intended to incorporate the terms of the others so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the “Contract.” In case of any dispute regarding the terms of the Contract, the decision of the City Engineer shall be final.

2. Term. The Contract shall be effective as of the Effective Date first stated above.

Contractor shall not commence work on the Project until it has been given notice by City (“Notice to Proceed”). The Contract shall terminate _____ (__) year(s) after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Calaveras Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.

3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section ; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not 106
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City of Angels 00500-3 19002H
Booster Way Sewer Replacement Project
invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor.
(c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and in the manner designated in, and in strict conformity with, the plans and specifications for said work entitled, “General Conditions and Special Provisions for [Project Name].” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer of or City Engineer’s designated agent.
(d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.

Exhibit Designation Exhibit Title

1. Exhibit A Scope of Services

2. Exhibit B Payment by Force Account

3. Exhibit C Workers’ Compensation Insurance Certification

4. Exhibit D Performance Bond

5. Exhibit E Payment Bond

4. Contract Price. City shall pay, and Contractor shall accept in full payment for the work set forth above in Section 3, Scope of Work, an amount not to exceed _______________________ Dollars ($___________.00) (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-

1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or (b) If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or (c) If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.

5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project, including all punch list items, shall be completed on or before the expiration of 107
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Booster Way Sewer Replacement Project
_______________ (_____) working days (the “Completion Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. (a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Completion Date, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Completion Date, in writing, to the City Engineer.

The Completion Date may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Completion Date will be determined as follows:
i. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
ii. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:

1. where the delay is caused by acts of public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargos, provided that Contractor shall notify Engineer in writing of the causes of delay within fifteen (15) days from the beginning of that delay; or

2. where the delay is caused by actions beyond the control of Contractor; or

3. where the delay is caused by actions or failure to act by the City Engineer.

Contractor shall not be entitled to an adjustment in the Completion Date for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor. (b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, pandemic, epidemic, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor. Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is 108
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City of Angels 00500-5 19002H
Booster Way Sewer Replacement Project
due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Completion Date shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration. (c) Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:
i. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.

To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof, and give specific reasons therefore; the City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in the work in accordance with subdivision (b) of this Section.

Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or
ii. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost-plus-tenpercent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or
iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.

If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement 109
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AGREEMENT
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Booster Way Sewer Replacement Project
terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Contract Price for such portion of the Contract as may have been performed; or
iv. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as may have been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.

In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Completion Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to ______________________ Dollars ($________.00) for each calendar day beyond the Completion Date. This deduction shall not be considered a penalty but shall be considered as delay damages.

The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Completion Date. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date. Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Completion Date shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date.

6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by 110
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AGREEMENT
City of Angels 00500-7 19002H
Booster Way Sewer Replacement Project
Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor. (b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

7. Liability for Breach: Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either Party, copies of all finished or unfinished Work Product, as defined in Section 19 of this Agreement, shall become the property of City. Notwithstanding the foregoing, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.

8. Compensation: City shall make payments to Contractor in accordance with the provisions of Section 9 of the General Conditions in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof.

Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract 111
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City of Angels 00500-8 19002H
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records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.

Monthly progress payments in the amount of 95 percent (95%) of the value of the work will be made to Contractor based on the Contractor’s estimate and the schedule of prices contained in the accepted bid. The remaining 5 percent (5%) will be retained by City as partial security for the fulfillment of the Contract except that at any time after 50 percent (50%) of the work has been completed, if the City Engineer finds that satisfactory progress is being made and the Project’s critical path of work are on schedule, City may discontinue any further retention. Such discontinuance will only be made upon the written request of Contractor. City may, at any time the City Engineer finds that satisfactory progress is not being made, again institute retention of 5 percent (5%) as specified above. Payment will be made as soon as possible after the preparation of the Contractor’s estimate. City shall pay the remaining 5 percent (5%) of the value of the Services completed under this Contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of recordation of the Notice of Completion, pursuant to Section 2 of this agreement, and not later than sixty (60) days from the “completion” of the Services as said term is defined in Public Contract Code section 7107(c).

No estimate or payment shall be made if, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the Contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than $1,000. No progress payments will be made if the time allotted for the job is thirty (30) working days or less. Payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work performed under this Contractor, or any portion thereof, and shall in no way reduce the liability of Contractor to replace unsatisfactory work or materials, though the unsatisfactory character of such work or materials may not have been apparent or detected at the time such payment was made.

Additionally, as a precondition to City’s progress payments hereunder, Contractor shall provide to City, prior to payment, unconditional waivers and releases of stop notices pursuant to Civil Code section 8128 et seq. from each subcontractor and materials supplier. The form of said waivers and releases shall be as set forth in Civil Code section 3262(d)(2).

Pursuant to Public Contract Code section 22300 et seq., Contractor may request the right to substitute securities for any moneys withheld by City to ensure the performance required of Contractor under the Contract, or that City make payment of retentions earned directly into an escrow account established at the expense of Contractor.

9. Disputes Pertaining to Payment for Work: Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of the Contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable.
(a) Claims Processing. Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this 112
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section, City shall conduct a reasonable review of the claim and, within a period not to exceed fortyfive (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
(b) Meet-and-Confer Conference. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement.
(c) Nonbinding Mediation. Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally. The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to Section 23 of this Agreement.

Notwithstanding any claim, dispute, or other disagreement between the Parties regarding performance under the Contract, the scope of work hereunder, or any other matter arising out of or related to, in any manner, the Contract, Contractor shall proceed diligently with performance of the Services in accordance with City's written direction, pending any final determination or decision regarding any such claim, dispute, or disagreement.

10. Permits and Care of Work: Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Section 1 of the Special Provisions.

Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.
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11. Public Works and Payment of Prevailing Wage:
(a) Monitoring and Enforcement. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.

In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code. (b) Wages & Hours of Employment: In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.

12. Superintendence by Contractor: Contractor shall give personal superintendence to the work on the Project or have a competent foreman or superintendent satisfactory to the City Engineer on the Project at all times during construction and performance of work under the Contract, with authority to act for Contractor.

13. Inspection and Testing by City: Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.
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March 2024 (Bid Set) u:\19002h - angels sewer replacement - ci angels\documents\specs\2024-03 booster way bid set\00\00500.docx

14. Conformity with Law and Safety: Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal, and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Contractor or its subcontractors must be in accordance with these laws, ordinances, codes, and regulations.

Contractor’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of the Contract, Contractor shall immediately notify City's risk manager by telephone.

If any accident occurs in connection with the Contract, Contractor shall promptly submit a written report to City, in such form as City may require. This report shall include the following information:
(a) name and address of the injured or deceased person(s); (b) name and address of Contractor’s subcontractor, if any; (c) name and address of Contractor’s liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools, or materials were involved.

If a release of a hazardous material, substance, or waste occurs in connection with the performance of the Contract, Contractor shall immediately notify City. Contractor shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

15. Other Contracts: City may award other contracts for additional work on the Project, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.

16. Bonds: Concurrently with the execution hereof, Contractor shall furnish, on the forms provided herein as Exhibits D and E, respectively, corporate surety bonds to the benefit of City, issued by a surety company acceptable to City and authorized and admitted to do business in the state of California, as follows:
(a) Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.
(b) Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the 115
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Unemployment Insurance Code of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

The surety companies shall familiarize themselves with all provisions and conditions of the Contract.

It is understood and agreed that the surety or sureties waive the right of special notification of any modification or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by City or its authorized agents under the terms of this Contract and failure to so notify the surety or sureties of such changes shall in no way relieve the surety or sureties of their obligations under the Contract.

17. Indemnification:
(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others. (b) Indemnity for other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

18. Contractor's Insurance: Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least sixty (60) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. 116
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(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. Contractor’s general liability policies shall be primary and not seek contribution from City’s coverages and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. The policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the Contract.

General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. (c) Auto Insurance. Contractor shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, 117
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with a limit of no less than Two Million Dollars ($2,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. (d) Builder’s Risk Insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. The policy shall be provided for replacement value on an "all-risk" basis. City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. The policy must include: (1) coverage for removal of debris and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site, whether provided from within a Builder’s Risk policy or through the addition of an Installation Floater. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City.
(e) Contractors Pollution Insurance. Pollution Coverage shall be provided on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than One Million Dollars ($1,000,000) per claim. All activities contemplated in the Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
(f) Professional Liability Insurance. When applicable, Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with the Contract, in the minimum amount of One Million Dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by the Contract. (g) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or selfinsured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (h) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval. (i) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. 118
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(j) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. (k) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Ownership of Work Product: Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.

All Work Product shall become the property of City irrespective of where located or stored and Contractor agrees to deliver all such documents and information to City, without charge and in whatever form it exists, upon the Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.

All Work Product of Contractor under the Contract, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specific in Exhibit A.

When the Contract is terminated, Contractor agrees to return to City all documents, drawings, photographs, and other written or graphic material, however produced, that it received from City or City’s Agents, in connection with the performance of its Services under the Contract. All materials shall be returned in the same condition as received.

20. Taxes: Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:
(a) Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit. 119
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(b) Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.

21. Independent Contractor: At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.

22. Contractor Not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.

23. Arbitration of Disputes: All claims, disputes, and other matters in question between City and Contractor arising out of, or relating to, this Contract or the breach thereof, including claims of Contractor for extra compensation of Services related to the project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 through 1284.2 of the Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in the Contract. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay, and liquidated damages, if any, provided for the Contract, matters involving defects in the Services performed by Contractor or its subcontractors, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having competent jurisdiction thereof.

Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations.

The parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.

If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorney’s fees incurred by the prevailing Party. 120
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In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law. (b) All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.

The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney’s fees associated with the dispute with the other Party and to the arbitration.

All administrative remedies required under Section 9 of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this Section 23.

24. Provisions Cumulative: The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

25. Notices: All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.

If to City: City of Angels
Attn: City Administrator
200 Monte Verde Street, Suite B
Angels Camp, CA 95222
With courtesy copies to: Churchwell White LLP
Attn: Douglas L. White, City Attorney
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Contractor: _____________________
_____________________
_____________________
_____________________
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If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________

26. Interpretation: As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

27. Antitrust Claims: Contractor or its subcontractors offer and agree to assign to City all rights, title, and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning antitrust claims.

28. Use of City Project Number: Contractor or its subcontractors agree to use the aforementioned City project number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants. Nothing in this section shall preclude Contractor or its subcontractors from using their own project numbers for their own internal use.

29. No Conflict of Interest: Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

30. Confidentiality: Contractor understands and agrees that, in the performance of Services under the Contract, or in the contemplation thereof, Contractor may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”). Contractor shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.

31. Modification. No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.

32. Waiver: No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

33. Assignment: No Party to the Contract shall assign, transfer, or otherwise dispose of this Agreement in whole or in party to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the foregoing provisions, the Contract shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto. 122
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34. Authority: All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

35. Governing Law: The Contract shall be governed and construed in accordance with the laws of the state of California.

36. Venue: Venue for all legal proceedings shall be in the Superior Court of California, in and for the County of Calaveras.

37. Severability: If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

38. Counterparts: This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument.

39. Mandatory and Permissive: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

40. Headings: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

41. Attorney’s Fees and Costs: Except as expressly provided for in Sections 9 and 23 of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

42. Necessary Acts and Further Assurances: The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract.
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Section 00500

AGREEMENT
City of Angels 00500-20 19002H
Booster Way Sewer Replacement Project
IN WITNESS WHEREOF, three identical counterparts of this agreement, consisting of a total of ___ pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

CONTRACTOR CITY OF ANGELS, a municipal corporation
By: ____________________________ By: _____________________________ Rebecca Callan, City Administrator
_______________________________
Print Name Date: ____________________________
Federal Tax ID or Social Security No:

APPROVED AS TO FORM:
_______________________________
By: _____________________________
Douglas L. White, City Attorney
DIR Registration Number:
_______________________________
Attach Contractor’s Seal Here
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City of Angels - Booster Way Sewer Replacement Project Page 1 Construction Management/Inspection/Engineering Services During Construction April 2024
u:\19002 - angelscamp_city engineer svcs - ci of angels\water\100 project controls\130 scope & fee\booster way cm-esdc.docx

CITY OF ANGELS

BOOSTER WAY SEWER REPLACEMENT PROJECT

CONSTRUCTION MANAGEMENT/INSPECTION/

ENGINEERING SERVICES DURING CONSTRUCTION

SCOPE OF SERVICES AND FEE ESTIMATE
April 2024
The Booster Way Sewer Replacement Project (Project) includes the reconstruction of sewer crossings at Angels Creek and China Gulch and the upsizing of a key trunk sewer near the Utica Water and Power Authority (UWPA) Angels Hydroelectric Plant. The Project was bid April 4, 2024, with three bids received. The apparent low bidder is R Sutton Enterprises LLC for the 180 calendar day Project. The City of Angels has requested assistance from Dewberry Engineering Inc. (Consultant) in construction oversight of the Project including construction management, inspection, and engineering services during construction. A scope of services and fee estimate for the desired assistance are summarized below.

SCOPE OF SERVICES
The scope of services is divided into the following tasks:

Task 1 – Construction Oversight and Field Inspection
Task 2 – Office Engineering
Task 3 – Materials Testing
Each is detailed below.

TASK 1 – CONSTRUCTION OVERSIGHT AND FIELD INSPECTION
The Contractor is expected to receive Notice to Proceed (NTP) by May 6. Final completion is anticipated within 180 calendar days following NTP. UNICO will provide parttime field inspection services during construction (640 hours of resident inspector during 100 working days budgeted).

Specific activities are detailed below.

1.1 Field Inspection
Construction Manager/Inspector (CM/I) will inspect constructed facilities at key milestones or prior to burial and observe all tests required to be performed by the Contractor as referenced in the Contract Documents. The CM/I will monitor the Contractor’s performance from the perspective of quality, cost, and schedule and will enforce the requirements of applicable Contract Documents.

Weekly inspection reports of the Contractor’s construction activities will be completed and filed to be ultimately transmitted to the City at the end of the Project. Any special situations will be documented by photograph or video and unacceptable testing and/or defective work will be documented until it is repaired to the CM/I’s satisfaction and quality of work in accordance with the Contract Documents.
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City of Angels - Booster Way Sewer Replacement Project Page 2 Construction Management/Inspection/Engineering Services During Construction April 2024
u:\19002 - angelscamp_city engineer svcs - ci of angels\water\100 project controls\130 scope & fee\booster way cm-esdc.docx Inspection reports will contain the following information:
• The quantity, classification, and
summary of activity of each of the
Contractor’s employees working on-site
• Quantity, type, and summary of
Contractor’s equipment on site, both
working and idle
• Materials deliveries • Weather conditions
• Discussions with the Contractor • Problems, issues addressed and changes Any other information necessary to create a satisfactory record of the week’s activities at the Project site in accordance with standard inspection practice will also be noted. No Saturday, Sunday, or overtime inspection work is anticipated or accounted for under this task.

1.2 Reporting
The CM will prepare and submit a monthly invoice which will include a brief Project status report (PSR) which will include updates of Project progress; percent of work completed; percent of funds expended, including change orders; and any community relations issues.

1.3 Traffic Control
During construction there may be multiple traffic control plans to handle a variety of construction activities. These plans will be prepared by the Contractor but reviewed and accepted by the CM prior to implementation. Reviews will consider access to UWPA which could be affected. Once acceptable, the CM team will monitor the traffic control plans in the field to verify proper implementation and monitor their effectiveness, recommending any changes as the need may arise.

1.4 Meetings
Periodic tailgate meetings/progress meetings will be conducted between CM, Contractor, City, Engineer, and any appropriate agencies related to the Project. CM staff will meet with interested property owners during the periods of construction as needed and document any discussions for inclusion into the Project record. A total of 20 meetings are anticipated for budgeting purposes.

1.5 Schedule Review
The Contractor’s construction schedule will be reviewed and updates requested and assessed for reasonableness, as appropriate. Contract progress will be monitored for any delays or accelerations based on actual Contractor operations.

1.6 Cost Control/Progress Payments
Procedures will be implemented to maintain an effective system of cost control, depending on the contracting arrangement, to track change orders, extra work requests, claims, and progress payments. CM will maintain cost accounting records (progress payments, CCO status, etc.) in accordance with City and procedures and will process progress payments and associated documentation for the Project for submittal to the City with a recommendation for payment.

1.7 Submittals and Clarifications
Any necessary clarifications and interpretations of the Contract Documents in response to requests by the Contractor will be issued. CM will also accept and process submittals including, but not limited to, shop drawings, product data, and product samples. Submittals requiring review by the 127
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City of Angels - Booster Way Sewer Replacement Project Page 3 Construction Management/Inspection/Engineering Services During Construction April 2024
u:\19002 - angelscamp_city engineer svcs - ci of angels\water\100 project controls\130 scope & fee\booster way cm-esdc.docx Engineer will be logged and transmitted for concurrent review. Submittals will be returned within 10 calendar days. Requests for information (RFIs) will be handled promptly and in conjunction with the Engineer and appropriate stakeholders, if necessary. Any outstanding RFIs will be discussed and resolved during each Project progress meeting. A total of 15 submittals and 20 RFIs are anticipated to be reviewed and responded to by CM.

1.8 Contract Modifications/Change Orders/Claims
Contract modifications, change orders, and claims will be evaluated. All requests will be reviewed for merit and an independent estimate will be prepared with recommendations subsequently provided to the City for consideration. If deemed worthy of compensation and approved, CM will complete all required documentation to process the modification/change. In the event of a claim, the City will be notified immediately. CM will work toward a timely resolution of the claim with the Contractor, if possible. The City will be kept informed of the status of any outstanding claims.

1.9 Labor Compliance
Assistance will be provided to the City for labor compliance by receiving certified payrolls and any other labor documentation that is submitted by the Contractor and subcontractors. Copies of the Contractor’s certified payrolls along with copies of daily diaries showing names of Contractor’s or subcontractor’s personnel on the site along with the number of hours worked each day will be reviewed for compliance with prevailing wage requirements. Additionally, regular Contractor employee interviews will be undertaken by CM staff to verify that appropriate prevailing wages and fringe benefits are being paid.

1.10 Storm Water Pollution Prevention Plan (SWPPP) Monitoring While SWPPP compliance is the Contractor’s responsibility, CM staff will observe the Contractor’s work and verify activities are conducted in accordance with the approved SWPPP.

1.11 Closeout
After the Project is substantially complete, a walkthrough will be scheduled with the CM team, Contractor, City, and any other appropriate parties and a “punch list” will be prepared of incomplete or unsatisfactory items. The punch list will be submitted to the Contractor for completion. Once all work is satisfactorily complete, the CM will deliver a statement to the City indicating that to the best of their knowledge and belief, after diligent investigation, including satisfaction of its other obligations under the agreement, the Project has been completed in accordance with the Contract Documents and will recommend acceptance.

TASK 2 – OFFICE ENGINEERING
The CM will forward to the Engineer contractor RFIs and shop drawings requiring response by the Engineer. Draft responses for up to 20 RFIs will be provided to the CM for finalization. Draft responses for up to 15 contractor submittals or resubmittals to assure conformance with contract documents will be provided to CM for finalization. The Engineer will assist in developing a response to potential construction change order requests. The Engineer will attend up to five site visits and five construction meetings. Upon construction completion, the Engineer will meet with CM to discuss contractor as-built mark-ups.

Consultant will prepare one set of record drawings and submit the PDF and CAD files to the City. 128
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City of Angels - Booster Way Sewer Replacement Project Page 4 Construction Management/Inspection/Engineering Services During Construction April 2024
u:\19002 - angelscamp_city engineer svcs - ci of angels\water\100 project controls\130 scope & fee\booster way cm-esdc.docx TASK 3 – MATERIALS TESTING
Material testing subconsultant, Crawford & Associates, will be retained to perform field and laboratory testing of soils, backfill, asphalt, structural concrete, and other testing required by law or the Contract Documents. Results of tests will be reviewed by CM and copies of the results will be forwarded to the City and Engineer. CM will work with the Contractor to resolve any deficiencies.

All test procedures will be filed in accordance with the Contract Documents.

FEE ESTIMATE
The estimated fee to complete the tasks described above is $140,000 summarized as follows:

Task 1 – Construction Oversight and Field Inspection $115,000 Task 2 – Office Engineering $20,000
Task 3 – Materials Testing $5,000
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CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 24-36

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO

AWARD THE CONSTRUCTION CONTRACT FOR THE BOOSTER WAY PROJECT TO R SUTTON ENTERPRISES IN AN AMOUNT NOT TO EXCEED $639,575.00 AND DESIGNATE THE CITY ADMINISTRATOR TO EXECUTE

THE CONTRACT
WHEREAS, the City of Angels has identified the need for the construction of the Booster Way Project; and
WHEREAS, after careful consideration and evaluation of proposals received, R. Sutton Enterprises LLC has been deemed the lowest and most responsive bidder for the construction of the aforementioned project; and
WHEREAS, R. Sutton Enterprises LLC has submitted a competitive bid in the amount not to exceed $639,575.00 for the construction of the Booster Way Project; and WHEREAS, it is in the best interest of the City of Angels to proceed with awarding the construction contract to R. Sutton Enterprises LLC;
NOW, THEREFORE, BE IT RESOLVED, by the City of Angels City Council as follows:

1. That the City Council hereby approves Resolution 24-xx, awarding the construction contract for the Booster Way Project to R. Sutton Enterprises LLC.

2. That the construction contract with R. Sutton Enterprises LLC shall be in an amount not to exceed $639,575.00.

3. That the City Administrator is hereby designated and authorized to execute the contract on behalf of the City of Angels.

PASSED AND ADOPTED this 16th day of April, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

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

H O M E O F T H E J U M P I N G F R O G
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DIRECTION
RECOMMENDATION:

Discussion and Direction on the current status and approval of future Water and Wastewater projects for purposes of inclusion in the MSR (Municipal Service Review), 2024 Water and Wastewater Rate Study, and the 2024/25 Budget
STRATEGIC PLAN ALIGNMENT:

Conservation & Open Space: Ensure adequate water quality and quantity for the residents of and visitors to the city
Public Facilities & Services: Continue to improve Angels Camp's capacity to store, treat, and deliver water and to collect and treat wastewater as necessary to achieve the stated goals of the city.

Public Safety: Facilitate the provision of an adequate supply of water, and essential utilities and communications for city residents during emergency situations.

BACKGROUND:

The last Capital Improvement Plan was developed in 2019/20 based on the 2012 and 2013 Master Plans, a 2019 Pavement Assessment, and in the thick of COVID.

DISCUSSION:

The Capital Improvement Program is a living document that requires regular review and adjustments based on various factors. These include funding changes, assumption changes, community drivers, and safety needs.

Staff have worked to get the Pavement Assessment updated to be utilized with photographic data across multiple years, recommended treatments, and pulled this data into iWorQ to make the planning and projection of pavement management an easier chore.
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Section 9, Item H.

C IT Y H AL L
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
The main components of the water and wastewater plans were updated to provide current needs and costs estimations. This step was vital for the 2024 Rate Study, the Municipal Service Review, and for 2024/25 Budget Development.

FINANCIAL IMPACT:

Costs for these projects will be aligned with identified funding. The rate consultant will assist the city for water and wastewater projects to contemplate debt service options and staff continue to try to identify grant funding where possible.

ATTACHMENTS:

CIP Plan
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Section 9, Item H.

Introduction
The City has embarked on a transformative journey over the past 14 years, dedicated to crafting a forward-looking vision that encompasses the aspirations and needs of its community.

This vision has been the cornerstone for identifying and initiating a range of capital improvement projects aimed at enhancing the city's infrastructure, facilities, and overall quality of life. Central to this ongoing endeavor is the Capital Improvement Program (CIP), a strategic tool designed to foster an open dialogue between the City and its citizens. Through the CIP, the City seeks to collaboratively establish priorities, secure the necessary funding, and advance towards the realization of this shared vision, ensuring that the community's future remains bright and promising.

The CIP is a planning document that prioritizes projects by providing a scope, schedule, cost estimate, and funding options for each capital improvement project. This initial 5-year CIP synthesizes the prior efforts into four programs: Public Facilities, Transportation, Wastewater and Water. Additionally, this CIP will consider emergencies, maintenance and federal mandates. Key criteria for prioritization should include: health and safety, project costs and funding, community support, consistency with the General Plan and ongoing maintenance costs.

This initial effort has combined existing projects and proposed projects based on various planning documents to develop a project list for each program. Existing projects are based on the 2020-2025 Capital Improvement Program, the Water Master Plan, the Wastewater Master Plan, and the most recent Fiscal Year 2023/24 budget.

The proposed project scopes and estimates are from newly approved grants and existing planning documents. With future annual updates of the City’s budget, the CIP project scopes, costs, schedules and revenue estimates to be reviewed and updated.

The CIP is constrained by limited available funding sources. Funding types typically used for capital projects include the general fund, special revenue, grant funds, and enterprise funds.

The general fund is the most flexible fund; it can be used for a variety of purposes and can be reallocated. Special revenue funds are restricted to certain activities, such as gas tax which must be used on streets but can be moved between street/transportation projects. Grant funds are typically very specific to an activity and/or project. Enterprise funds, like water and wastewater service fees, may only be used for services paid for by that service fee or billing.

Completed Projects
The following items were completed or are currently underway:
1) Citygate Implementation 1 & 2 (General Fund)
2) Permit, Code Compliance, Work Order, Pavement, Signs, and Business Licensing Software Upgrade (General Fund)
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3) Phone/Internet Upgrade (Ring Central) (General Fund, Wastewater O&M) 4) Purchase of Crack Sealer, order of skid steer (Gas Tax Roads, Wastewater O&M, Water O&M)
5) Network overhaul for City Hall and Police Department (Gas Tax) 6) New Vehicles for Public Works and Police (Gas Tax, Wastewater Capital Fund, Water Capital Fund)
7) Rate Study (Wastewater Capital Funds and Water Capital Funds) 8) Booster Way Sewer Replacement Project (Wastewater Funds) 9) Utica Park (General Fund, Grant Funds)
10) Murphys Grade project
11) SR 49 Infill project
12) Network overhaul at the Water Treatment and Wastewater Treatment Plants (Grant, Water Fund, and Wastewater Fund)
13) Police RIM Upgrade (General Fund)
14) Fire RMS Upgrade (General Fund)
15) Downtown Sidewalk Repairs (General Fund and LTF)
16) Speed Survey
17) Sign Replacement and Speed signage (HSIP, General Fund) Programs
As stated above, the CIP is divided into four programs based on type of facility (and associated revenue sources): Public Facilities, Transportation, Wastewater and Water. Each program is described below.

Public Facilities
The City owns and maintains six (6) public buildings, three (3) parks and the Altaville School site.

Roof, HVAC and carpeting typically need replacement every 20, 15 and 10 years, respectively.

The City facilities need to be assessed for long-term maintenance needs. Energy audits and an updated Space Needs Assessments is needed.

The city completed a Space Needs Assessment in 2015, and while the locations are the same, the staffing levels have changed, and the community needs have also changed.

Facilities were prioritized as follows:

1. Fire Station/Council Chambers, City Hall (current location), Police Station

2. City Hall, Visitor’s Center, Museum, Utica Park (with addition of Lightner Mine)

3. All parking lots (two added in 2023 and 2024) , Altaville School, Gateway Park, Tyron Park, Sam Choy building, Finnegan Lane (Angels Creek Trail) 134
Section 9, Item H.

Parks, Police and Fire all have development impact fees to mitigate the impact of development on existing programs and facilities. At this time, all impact fee funds are directed to land acquisition for parks and equipment needs for police and fire, not projects. These fees are lower than surrounding areas and are in need of being updated.

Utica Park is the main focus after receiving over $3 million in grants to expand and rehabilitate Utica Park. Although several delays have occurred, construction is slated to begin in the Spring of 2024 and wrap up at the end of 2024.

Revenue sources for the Facilities program typically include the general fund and special revenues funds (impact fees, grants).

Transportation
The Transportation Program is comprised of active and proposed CIP projects from a variety of sources. First, the City is actively working on several federal and state grant funded CIP projects awarded by the Calaveras Council of Governments and Caltrans which promote walking and bicycling in the City, increase safety and improved air quality.

The City currently maintains 31.2 centerline miles of public streets. The pavement condition was assessed using the Remaining Service Life index (RSL) which ranges from 0 to 20. A newly constructed street has a PCI of 20; a failing street has a PCI of 4 or less. Currently, the City’s street network has an average pavement condition index of 6, which means that the City’s streets are in “fair” condition. Compare this to the condition in 2019, where the majority of the roads were in good condition. A primary cause of this degradation is no pavement maintenance has occurred over the 5 years since that last assessment was prepared and the city has experienced multiple weather events that have hurt the roadways.

Per the 2019 assessment, using only SB-1 projected funds of approximately $68,000 per year, the overall system PCI is expected to drop to 53 or “fair” (58 or “fair” for residential streets and 36 or “poor” for collector streets) over the next 10 years and deferred maintenance increases $9.4M by 2029. NCE recommended increasing funding for pavement maintenance to $5.5 million over the next 10 years which would provide a minimum PCI of 70 for all collectors and an average PCI of 70 for residential streets, and result in $2.6M of deferred maintenance in 2029. Pavement maintenance funds are assumed to remain at existing funding levels in this year’s CIP. This funding versus need dilemma has not changed, but gotten worse. The amount of HUTA (Gas tax funds) has been shrinking due to the increase in not fuel vehicles. ZEV and NZEV vehicles also have a higher burden on the roadways due to the higher weight of the vehicles.
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Section 9, Item H.

Staff are currently, working with engineering to estimate treatment costs and will include a pavement management report to City Council as part of a future discussion, with funding to be aligned with Gas Tax, RMRA funding, and any grants we can identify. In addition, projects and equipment investments are being reviewed to build efficiencies to better utilize the limited resources we have.

The 2020 General Plan and subsequent Impact Fee Study Report for Streets and Traffic Signals Final Draft dated May 30, 2016 prepared by Colgan Consulting Corporation provides the list of projects, planning level cost estimates and Traffic Impact Fees needed to support future growth as defined in the adopted 2020 General Plan.

The Citygate Report concluded that the City expenses were appropriate for the City, but that revenues were not keeping pace with the expenses. To continue to grow the City’s revenue, the City set Strategic Goal #3 as Local Control and Economic Development. Recommendation No. 2:

Broaden City’s Economic Development Program includes:
1) Adoption of a 5-year Economic Development Infrastructure Program (has not occurred) 2) Allocation of at least 10% of the City’s Annual Unassigned General Fund Revenue Towards Infrastructure Projects to Advance Economic Development Goals. (has not occurred)
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Section 9, Item H.

In 2016, the “Angels Camp SR 4 and SR 49 Gateway and Corridor Study” identified the northwest quadrant of the SR 4 /SR 49 was best-suited for new development and determined that the Foundry Lane Extension Project was the preferred option to support economic development in the City. To continue those efforts, the Foundry Lane Extension and Angel Oaks Extension Projects are partially-funded in the CIP to develop more detailed preliminary engineering and to continue coordination with Caltrans.

Further consideration of land use and traffic circulation set another priority for the south quadrant of SR 4/SR 49 intersection to connect and strengthen the downtown area. Angels Creek Main Street Plan dated May 2017 is a long-range plan for historic downtown Main Street (SR 49) in need of being updated. The project area extends from Murphys Grade to Finnegan Lane and Vallecito Road. This document is a planning guide providing ideas and vision for Main Street that will guide future development and Caltrans projects along Main Street but does not provide or prioritize scoped projects. Implementation (Chapter 6) of the Main Street Plan outlines the following steps:

1. Adopt the Main Street Plan

2. Prioritize Implementation Actions

3. Identify and Secure Funding

4. Program Capital Improvements

5. Monitoring and Management
The City implemented a portion of the Main Street Plan and received grant funding for the Murphys Grade Road Project, the SR-49 Sidewalk Gap Fill Project.

The first two projects were completed in 2022 and 2023. The Main Street Plan requires an update and staff are working with the CCOG to identify funding and scope. This will include updates of public property for parking, the Utica Park Park project, and a renewed focus on the historic area.

Other planning level documents related to transportation and alternate transportation modes include the Angels Creek Trail Master Plan and the Calaveras County Regional Bicycle, Pedestrian and Safe Routes to School Master Plan. The Angels Creek Trail Master Plan dated January 2012 provides a preferred alignment and potential phasing for a 5.1 mile multi-use trail along Angels Creek, from Murphys Grade/SR 4 intersection to New Melones Reservoir, as identified in the 2020 General Plan.

The City received grant funding for and is currently developing the initial design and environmental studies for the Angels Creek Trail Phase 1 (Central Reach). The Calaveras County Regional Bicycle, Pedestrian and Safe Routes to School Master Plan dated June 2015 provides and prioritizes bikeway, sidewalk and pedestrian projects. The county is now working on a Countywide Comprehensive Safety Plan, that will allow the city to utilize Safe Routes For ALL funding for identified projects. Most recently, the CCOG received funding for the Active 137
Section 9, Item H.

Transportation and Recreational Trails Plan and awarded the contract. Lastly, the CCOG is looking at identifying a path forward with the City on a Local Transportation Circulation Plan to incorporate development, evacuation needs assessment, changes in traffic patterns, and a PostCovid world.

Although not funded or delivered by the City, the CIP also includes information regarding two Caltrans improvement projects scheduled for project development and delivery during this 5- year period:
1) Angels SR 49/SR 4 and SR 49/Francis Street Intersection Improvements (Mobility Project)
2) Angels SR 49 ADA Project (Complete Streets)
Revenue sources for the Transportation Program are typically grant funds and special revenue funds (impact fees).

Wastewater
A Wastewater Master Plan was prepared for the City’s wastewater collection, treatment and disposal system to ensure the City has adequate facilities to support future growth as defined in the adopted 2020 General Plan. The Wastewater Master Plan includes identification and prioritization of recommended improvement projects. The improvement projects were prioritized using a simplified business risk exposure model which considers consequences and probability of failure.

The Wastewater Master Plan and proposed CIP program were reviewed to assess the current concerns that would impact capacity and operations. Wastewater service rates were increased effective August 21, 2019. This CIP includes the adopted rate increase, proposed 5-year CIP program and also considers potential emergency needs. This report now includes and updated Wastewater CIP element to cover a ten year period with a focus on the next five year outlay to align with the next rate schedule.

This updated list assumes Booster Way will be underway before the end of this fiscal year, and I&I projects will be addressed on a case-by-case basis based on CCTV analysis. The current budget assumed an annual outlay toward this effort of $75,000. 138
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Water
A Water Master Plan was prepared for the City’s water supply, treatment, distribution and storage systems to ensure the City has adequate facilities to support future growth as defined in the adopted City of Angels 2020 General Plan. The Water Master Plan includes an evaluation of existing facilities, an assessment of alternate water supplies, and an identification of recommended improvement projects for the water supply treatment, distribution and storage systems. System improvements were recommended and prioritized. Projects for treatment, supply and storage were prioritized based on the following, in order of priority:

1. Addressing regulatory concerns

2. Improving reliability by providing operational redundancy

3. Replacing aging infrastructure

4. Providing capacity for future development
Projects for water distribution were prioritized based on the following, in order of priority:

1. Providing required fire flow for existing demands

2. Meeting hydraulic performance criteria for existing demands

3. Providing required fire flow for future (buildout) demands

4. Meeting hydraulic performance criteria for future (buildout) demands The Water Master Plan and proposed CIP program were reviewed to assess the current water service rates capacity and operational issues. This report includes an updated list of projects to consider for water infrastructure with these priorities over a ten-year period with a focus on a five-year outlay to align with the following rate schedule.

This schedule assumes the city will be undertaking the AMR project starting before the end of this fiscal year and has an annual outlay of $70-80,000 per year as a contract for work. If the city were successful with a grant, the entire project would be completed altogether. 142
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u:\19002 - angelscamp_city engineer svcs - ci of angels\water\documents\2024-03 wtr sys cip list.docx

CITY OF ANGELS
WATER SYSTEM CAPITAL IMPROVEMENTS PROGRAM, 2024-2028
March 2024
Project
Designation Project Title Project Limits Length (ft)
Diameter
(in)
Construction
Cost, $
Total Project
Cost, $a
Water Treatment Plant (WTP)
WTP-1 Backwash Handling Improvements Backwash recovery system, residual dewatering system
4,270,000 6,660,000
WTP-2 Treated Water Transmission Main
Replacement
Water Treatment Plant to Murphys Grade Road 3,500 18 1,400,000b 2,180,000 Water Transmission Mains (WTM)
WTM-1 Murphys Grade Road Transmission
Main Upgrade
Murphys Grade Road from WTP-2 project
termination to Main Street 4,920 12 1,476,000c 2,300,000 WTM-2 SR-49 Transmission Main Upgrade SR-49 from Monte Verde Street to Murphys Grade Road and SR-49 from Clifton Lane to Cherokee
Creek
2,000 12 650,000d 1,015,000
WTM-3 Stockton Road/Foundry Lane
Interconnect Project
Stockton Road from Angels Oak Drive to Main
Street and Foundry Lane from SR-49 to Stockton
Road
6,600 12 1,980,000c 3,090,000
Water Distribution Pipelines (WDP)
WDP-1 Mark Twain Road Water System
Improvements
Mark Twain Road from Fairview Drive to
Hardscrabble Street
1,750
1,900
10 8
438,000e
380,000f
680,000
590,000
Fairview Drive to Ratz Alley
West Street to Main Street
Fairview Drive from Mark Twain Road to Bush
Street
Tuolumne Avenue to Oneida Street
WDP-2 Hillcrest, Gold Cliff, McCarty
Ranch Road Water System
Improvements
Hillcrest Street from Gold Cliff Road to West Street
2,500 10 625,000e 980,000
Gold Cliff Road from McCauley Ranch Road to
Hillcrest Street
McCauley Ranch Road from Spyglass Circle to Gold
Cliff Road
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u:\19002 - angelscamp_city engineer svcs - ci of angels\water\documents\2024-03 wtr sys cip list.docx

CITY OF ANGELS
WATER SYSTEM CAPITAL IMPROVEMENTS PROGRAM, 2024-2028 (continued) March 2024
Project
Designation Project Title Project Limits Length (ft)
Diameter
(in)
Construction
Cost, $
Total Project
Cost, $a
WDP-3 Pressure Relief Valve Replacement
Project
Replace ten PRVs within distribution system 500,000 780,000 TOTAL 11,719,000 18,275,000
a Includes construction cost + 30% construction contingency + soft costs of 26% as follows: design services 10%, construction management/inspection 8%, administration 5%, construction engineering 3%
b Unit cost of $400/LF for 18-inch water
c Unit cost of $300/LF for 12-inch water
d Unit cost of $325/LF for 12-inch water (includes bore and jack across creek) e Unit cost of $250/LF for 10-inch water
f Unit cost of $200/LF for 8-inch water
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u:\19002 - angelscamp_city engineer svcs - ci of angels\water\documents\2024-03 wtr sys cip list.docx

CITY OF ANGELS
WATER SYSTEM CAPITAL IMPROVEMENTS PROGRAM, 2029-2033
March 2024
Project
Designation Project Title Project Limits Length (ft)
Diameter
(in)
Construction
Cost, $
Total Project
Cost, $a
Water Treatment Plant (WTP)
WTP-3-4 Filter Expansion Filter replacement/additional filter capacity 4,600,000 7,120,000 Water Transmission Mains (WTM)
WTM-4 Main Street Transmission Main Main Street to Murphys Grade Road to Vallecito Road 6,200 12 1,860,000b 2,900,000
WTM-5 Vallecito Road Interconnect
Pipeline
Vallecito Road from Main Street to 300 ft north of
Booster Way 1,900 8 380,000c 590,000
Water Distribution Pipelines (WDP)
WDP-4 East Angels Water System
Improvements
Bret Harte Drive from Booster Way to Purdy Road 2,000 10 500,000d 780,000 Suzanne Drive from Kurt Drive to 210 ft west of De
Veggio Lane
850 8 170,000 265,000 Depot Drive from Moose Trail to Vallecito Road Depot Road from Vallecito Road to Moose Trail
WDP-5 Gardner Lane/Monte Verde
Pipeline Improvements
Gardner Lane from Murphys Grade Road to Holly
Street 800 8 160,000 250,000
Monte Verde Street from Peri Street to Main Street
TOTAL 7,670,000 11,905,000
a Includes construction cost + 30% construction contingency + soft costs of 26% as follows: design services 10%, construction management/inspection 8%, administration 5%, construction engineering 3%
b Unit cost of $300/LF for 12-inch water
c Unit cost of $200/LF for 8-inch water
d Unit cost of $250/LF for 10-inch water
148
Section 9, Item H.
u:\19002 - angelscamp_city engineer svcs - ci of angels\water\documents\2024-03 wtr sys cip list.docx 149 Section 9, Item H.
u:\19002 - angelscamp_city engineer svcs - ci of angels\water\documents\2024-04 ww sys cip list.docx

CITY OF ANGELS
WASTEWATER SYSTEM CAPITAL IMPROVEMENTS PROGRAM, 2024-2028 April 2024
Project
Designation Project Title Project Limits Length (ft)
Diameter
(in)
Construction
Cost, $
Total Project
Cost, $a
Wastewater Treatment Plant (WWTP)
WWTP-1 Emergency Storage Basin
Improvements
Armoring of side slopes, re-routing of storm drain
lines, spillway/outlet modifications 350,000 550,000
WWTP-2 Grit Removal System Construction of grit removal system at plant headworks 450,000 700,000
Wastewater Collection System (WWCS)
WWCS-1 Vallecito Road Sewer Rehabilitation
Project
SSMH 36 – SSMH 43 1,600 12 640,000b 990,000
WWCS-2 East Angels Trunk Sewer
Rehabilitation Project
SSMH 19 – SSMH 43 3,500 12 1,225,000c 1,910,000
WWCS-3 Main Street Sewer Replacement
Project
Main Street between Church Street and Vallecito
Road 1,500 10 450,000d 700,000
WWCS-4 Murphys Grade Road Sewer
Rehabilitation Project
SSMH 75 – SSMH 79-4
1400 12 490,000e 760,000
WWCS-5 North Angels Sewer Replacement
Project
SSMH 46 – SSMH 74 4,600 12 1,610,000e 2,510,000
Wastewater Pump Station (WWPS)
WWPS-1 Angel Oaks Pump Station
Improvements Project
Emergency generator, pump replacement 360,000 560,000
TOTAL 5,575,000 8,680,000
a Includes construction cost + 30% construction contingency + soft costs of 26% as follows: design services 10%, construction management/inspection 8%, administration 5%, construction engineering 3%
b Pipe bursting unit cost of $400/LF
c CIPP unit cost of $350/LF
d Unit cost of $300/LF for 10-inch sewer
e Unit cost of $350/LF for 12-inch sewer
150
Section 9, Item H.

u:\19002 - angelscamp_city engineer svcs - ci of angels\water\documents\2024-04 ww sys cip list.docx

CITY OF ANGELS
WASTEWATER SYSTEM CAPITAL IMPROVEMENTS PROGRAM, 2029-2033 April 2024
Project
Designation Project Title Project Limits Length (ft)
Diameter
(in)
Construction
Cost, $
Total Project
Cost, $a
Wastewater Collection System (WWCS)
WWCS-6 Finnegan Sewer Replacement
Project
SSMH 9 – SSMH 9-6
2,000 15 800,000b 1,250,000
WWCS-7 East Angels Trunk Sewer
Replacement Project
SSMH 9 – SSMH 19 1,600 18 800,000c 1,250,000
WWCS-8 WWTP Influent Trunk Sewer
Improvement Project
SSMH 2 – SSMH 9 1,200 24 720,000d 1,120,000
WWCS-9 Altaville Sewer System
Improvements Project
SSMH 79 – SSMH 93 3,200 12 1,120,000e 1,750,000
Wastewater Pump Station (WWPS)
WWPS –2 Altaville Pump Station Replacement
Project
Replacement and upgrade of pump station 1,250,000 1,950,000 WWPS – 3 Greenhorn Creek Pump Station
Improvements
Pump replacement at Greenhorn #1 and Greenhorn
#2 500,000 780,000
TOTAL 5,190,000 8,100,000
a Includes construction cost + 30% construction contingency + soft costs of 26% as follows: design services 10%, construction management/inspection 8%, administration 5%, construction engineering 3%
b Unit cost of $400/LF for 15-inch sewer
c Unit cost of $500/LF for 18-inch sewer
d Unit cost of $600/LF for 24-inch sewer
e Unit cost of $350/LF for 12-inch sewer
152
Section 9, Item H.

APRIL 2024

SUNDAY MONDAY TUESDAY WEDNESDA THURSDAY FRIDAY SATURDAY 31 1 2 3 4 5 6

COUNCIL

MEETING
COG
5:30PM
7 8 9 10 11 12 13

INFRASTRUCTURE
/FACILITIES
not scheduled
from last
meeting
ALL

HAZARDS
1PM
14 15 16 17 18 19 20

COUNCIL

MEETING
CPPA

COG/TAC
IRWMA
21 22 24 25 26 27

FINANCE/

BUDGET/
POLICY
28 29 30 1 2 3 4

LEAGUE CONFERNCE
17 to 19th
UWPA
5:30

COUNCIL

MEETING
23 17th TAC CANCELLED, 18th UWPA Budget 23rd Council Special Meeting 1pm 156 Section 12, Item A.

MAY 2024

SUNDAY MONDAY TUESDAY WEDNESDA THURSDAY FRIDAY SATURDAY 28 29 30 1 2 3 4
COG
5:30PM
5 6 7 8 9 10 11

COUNCIL

MEETING
12 13 14 15 16 17 18

INFRASTRUCTURE
/FACILITIES
ALL

HAZARDS
1PM

COG/TAC

IRWMA CSEDD
19 20 21 22 23 24 25

LAFCO COUNCIL

MEETING

FINANCE/

BUDGET/
POLICY
26 27 28 29 30 31 1
Memorial
Day

HOLIDAY
UWPA 5:30
157
Section 12, Item A.

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog  Angelscamp.gov
Business and Community Outreach
Attn: E&A Grant Program
California Public Utilities Commission (CPUC)
505 Van Ness Ave.

San Francisco, CA 94102
RE: Support for Sierra Business Council’s CPUC ‘Clean Energy Access Grant’ Application Dear E&A Grant Program Representative,
On behalf of City of Angels Camp, I want to express strong support for Sierra Business Council’s (SBC) pursuit of the California Public Utility Commission (CPUC) Clean Energy Access Grant, part of the Equity and Access Grant Program. The project outlined in this application brings much-needed support for a cleanenergy transition for our City. It addresses historic rural inaccessibility to energy programming by ensuring that electrification assistance program services are expanded to the local workforce and residential customers in the Sierra Nevada region. This is especially important for the City of Angels.

In particular, we would like to highlight how this project builds on SBC’s previous success reaching CPUC’s target audience of hard-to-reach (HTR) individuals in need of energy efficiency and electrification services.

For 17 years, SBC has provided energy efficiency services to public agencies and small- to medium-sized businesses in 14 Sierra Nevada counties through the Sierra Nevada Energy Watch program. Furthermore, to accelerate electrification adoption in our rural, HTR communities, SBC recently developed the Truckee Tahoe Building Decarbonization Pilot Program to upskill contractors in electrification measures and make it easier for residents and businesses to electrify their buildings.

This project also draws upon the marketing and electrification expertise of partner QuitCarbon, who will provide tailored digital home analysis, connection to certified installation professionals, and navigation of complex rebate processes. With SBC’s and QuitCarbon’s leadership and expertise, we expect this project to successfully reach a diverse audience and move the needle on home electrification, battery installation, building decarbonization, and more.

We believe SBC will make a great partner for the CPUC and hope you will give them every consideration in the Equity and Access ‘Clean Energy Access’ Grant Program selection process. Please don’t hesitate to contact me should there be any further information or assistance I can provide.

Sincerely,
Jennifer Herndon, Mayor
City of Angels Camp
158
Section 13, Item A.

Angels Camp City CouncilApril 16, 2024

Angels Camp City Council
April 16, 2024