Agenda — Auburn City Council, January 9, 2023

1 AUBURN CITY COUNCIL

REGULAR SESSION AGENDA
City Hall, Council Chambers
1225 Lincoln Way, Auburn, CA 95603
January 9, 2023
Closed Session 5:30 p.m.

Regular Session 6:00 p.m.

This meeting of the City Council is being held pursuant to Government Code section 54953(e) related to teleconferencing of meetings. The Governor’s Proclamation of a State Emergency is still in effect and the City Council has made or will make the necessary findings under the law to hold teleconference meetings in this manner.

Proper notice was given for this meeting, all persons are permitted to join remotely and address the City Council directly, and the meeting will be delayed in the event of a Citycaused disruption. This meeting will be held in all respects according to the requirements of Government Code section 54953(e). The City Council may take action on any or all items on this agenda regardless of how the agenda items are described. 2 ways to participate: In person or on Zoom: https://us02web.zoom.us/j/89986525511 Telephone: US: +1 669 900 6833 Webinar ID:899 8652 5511 3 ways to watch this meeting live: In person at City Hall, on our website under “Meetings & Agendas”, or on the City’s YouTube page:
https://www.youtube.com/channel/UCmZkDGdt8ce1ckCRgcX-15A/live Public comments are being accepted at [email protected]. You must indicate it is a public comment for this meeting.

CALL TO ORDER/ ROLL CALL
CLOSED SESSION:

By MOTION adjourn to a Closed Session:

CONFERENCE WITH LEGAL COUNSEL; EXISTING LITIGATION (Gov. Code, § 54956.9, subd. (d)(1).)
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

Name of Case: Wingett v. City of Auburn et al.

Names of Parties: Dennin Wingett; Tracy Wingett; City of auburn; County of Placer; State of California; Matt Bailey
Case No.: Placer County Superior Court: SCV-0047126
CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code, § 54957.6.) Name of City Negotiator Attending Closed Session: Joan Phillipe, Interim City Manager Employee Organization: All Bargaining Units
PUBLIC EMPLOYEE APPOINTMENT/PUBLIC EMPLOYMENT (Gov. Code, § 54957.) Title: City Manager

REPORT OUT OF CLOSED SESSION

CALL TO ORDER/ ROLL CALL
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PLEDGE OF ALLEGIANCE

AGENDA APPROVAL
This is the time set aside for council members and/or the public to ask for removal, postponement or a change to the listed sequence of an agenda item. The agenda will be approved by consensus of the Council.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine in nature and will be approved by one blanket motion with a roll call vote. There will be no separate discussion of these items unless persons request specific items to be removed from the Consent Calendar for discussion and separate action. Any items removed will be considered after the motion to approve the Consent Calendar.

1. Conduct all City Public Meetings Pursuant to Assembly Bill 361 (Readoption)
By RESOLUTION, continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e) to Assembly Bill 361.

2. Report of Investments – Quarter Ending September 30, 2022 Receive, review and file the “City of Auburn Investment Report” for the quarter ending September 30, 2022.

3. City Council Appointments to Committees & Commissions By MOTION, affirm Mayor Dowdin Calvillo’s nominations of Councilmembers to serve on various boards and commissions.

By MOTION, approve the tentative FPPC Form 806 listing compensated Councilmember appointments to boards and commissions.

4. California State Department of Parks and Recreation Grant for City Owned Parks
By RESOLUTION, authorize the Interim City Manager to accept, expend and closeout and sign all documents for a $177,952 in Per Capita Grant Funding from the California State Department of Parks and Recreation for the completion of ADA and other improvements in the School Park Preserve; and find that the project is exempt from CEQA review as a Class 1 categorical exemption under CEQA Guidelines Section 15301 and 15304.

5. Municipal Financing of Police Vehicles
By RESOLUTION, approve the lease/purchase of one marked Chevrolet PPV SUV (Tahoe).
2 Pages 5-8
Pages 9-12
Pages 13-20
Pages 21-34
Pages 35-42
3 6. Employment Agreement for Interim City Manager
By RESOLUTION, approve the employment agreement with Joan Phillipe.

7. Auburn Police Officers’ Association Side Letter
By RESOLUTION, approve the City of Auburn and the Auburn Police Officers Association Side Letter Agreement to July 1, 2021 – June 30, 2023 Memorandum of Understanding,”

8. Grant Deed for an Easement to PG&E – Airport East End Hangars By RESOLUTION, approve a Grant Deed for an Easement to PG&E – Airport East End Hangars.

9. 2023 Street Overlay Project – Environmental Determination and Permission to Advertise
By RESOLUTION, find the 2023 Street Overlay Project categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction); and By MOTION, authorize the Public Works Manager to advertise for the 2023 Street Overlay Project.

10. 2023 CIP Sewer Improvements Project - Environmental Determination & Permission to Advertise
By RESOLUTION, find the 2023 CIP Sewer Improvements Project categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities); Section 15302 (Replacement or Reconstruction); and By MOTION, authorize the Public Works Manager to advertise the 2023 CIP Sewer Improvements Project.

11. Purchase Replacement Vac-Con Truck – Sewer System Maintenance Equipment Vehicle
By RESOLUTION, authorize the Public Works Manager to purchase a replacement Vac-Con truck and necessary equipment for the maintenance of the City’s sanitary collection system and lift stations.
*************** End of Consent Calendar **************

12. Public Comment
This is the time provided so that the public may speak to the Council on any item not on this agenda. Please make your comments as brief as possible. The Council cannot act on items not included on this agenda; however, the items will be automatically referred to staff. Council Members also have the option to speak on any item not on this agenda at this time.
3 Pages 43-52
Pages 53-58
Pages 59-68
Pages 69-74
Pages 75-78
Pages 79-96
4 COUNCIL BUSINESS
None

REPORTS

13. City Manager Report

14. City Council Committee Reports
The purpose of these reports is to provide information to the city council and public on projects and programs that are discussed at committee meetings. No decisions are to be made on these issues. If a council member would like formal action on any of these discussed items, it will be placed on a future city council agenda.

ADJOURNMENT
Next Regular Meeting:

Monday, January 23, 2023
It is the intention of the City of Auburn to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Individuals who need auxiliary aids or services for effective communication or to participate in programs and services of the City of Auburn are invited to make their needs and preferences known by contacting the City Clerk, (530) 823-4211 Ext. 112, at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

This meeting may be recorded, televised, and made publicly available including on the City's website (www.auburn.ca.gov). Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 1225 Lincoln Way, Room 9, Auburn, CA 95603 during normal business hours. 4 To: Honorable Mayor and City Council Members
From: Amy Lind, City Clerk
Meeting Date: January 9, 2023
Business Type: Consent Calendar
Subject: Conduct all City Public Meetings Pursuant to Assembly Bill 361 (Readoption) The Issue
Shall the Council readopt a resolution to continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e) to Assembly Bill 361? Conclusion and Recommendation
It is recommended by RESOLUTION, continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e) to Assembly Bill 361.

Background
The City Council has met remotely throughout the pandemic to protect the health and safety of the public and staff. Remote meetings under relaxed Brown Act rules were permitted by Governor Newsom’s executive Order N-29-20, which expired on September 30, 2021. In its place, the Legislature passed AB 361, which became effective October 1, 2021. AB 361 continues to permit remote meetings during a proclaimed local emergency, if social distancing measures are required or recommended. New Government Code Section 54953(e) requires that the City Council review these requirements every 30 days, to determine whether in person meetings of City bodies would present imminent risks to the health and safety of attendees. If the City Council continues to meet remotely, AB 361 requires that the public have real time opportunities to participate.

Under the current circumstances, the City Council would be justified in determining that the City Council and boards and commissions will continue to meet remotely under the rules set forth in Government Code Section 54953(e). Staff will provide the required real time public participation measures.

As required by law, the City Council will review this matter every 30 days, or as soon thereafter as meeting schedules permit.

Attachments:

Resolution
Item 15
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RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN

AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS

OF THE CITY COUNCIL, COMMISSIONS AND COMMITTEES PURSUANT TO GOVERNMENT CODE SECTION 54953(e)
WHEREAS, Government Code section 54953(e), as amended by Assembly Bill No. 361, allows legislative bodies to hold open meetings by teleconference without reference to otherwise applicable requirements in Government Code section 54953(b)(3), so long as the legislative body complies with certain requirements, there exists a declared state of emergency, and one of the following circumstances is met:

1. State or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body is holding the meeting for the purpose of determining whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body has determined that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

WHEREAS, the City of Auburn previously adopted Resolution No. 21-104 finding that the requisite conditions exist for the City of Auburn to conduct teleconference meetings under California Government Code section 54953(e); and
WHEREAS, Government Code section 54953(e)(3) requires the legislative body adopt certain findings by majority vote within 30 days of holding a meeting by teleconference under Government Code section 54953(e), and then adopt such findings every 30 days thereafter; and
WHEREAS, the City of Auburn desires to continue holding its public meetings by teleconference consistent with Government Code section 54953(e).

NOW, THEREFORE, THE City Council of the City of Auburn DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Item 16
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Section 2. Conditions are Met. The City Council hereby finds and declares the following, as required by Government Code section 54953(e)(3):

1. The City Council has reconsidered the circumstances of the state of emergency declared by the Governor pursuant to his or her authority under Government Code section 8625;

2. State and local officials have imposed or recommended measures to promote social distancing.

DATED: January 9, 2023
_________________________
Alice Dowdin Calvillo, Mayor
ATTEST:
_____________________________
Amy Lind, City Clerk
I, Amy Lind, City Clerk of the City of Auburn, hereby certify that the foregoing resolution was duly passed at a regular meeting of the City Council of the City of Auburn held on the 9th day of December 2023 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Amy Lind, City Clerk
Item 17
(Page intentionally blank)
Item 18
To: Honorable Mayor and City Council Members
From: Donna Silva, City Treasurer
Meeting Date: January 9, 2023
Business Type: Council Business
Subject: Report of Investments – Quarter Ending September 30, 2022 The Issue
The City Council is required by state law and the City of Auburn’s Investment Policy to receive and review a Quarterly Investment Report.

Conclusion and Recommendation
Receive, review and file the “City of Auburn Investment Report” for the quarter ending September 30, 2022.

Background
The purpose of the Treasurer’s Report is to update the Board and the public on the status of the City’s cash balances and investments, and highlight material changes from one period to another. The Treasurer’s Report is required to be prepared and presented on a quarterly basis.

The City’s investment objectives are established by the City Council approved Investment Policy. The Investment Policy is guided and constrained by the California Government Code. The City Council periodically reviews and adjusts the Investment Policy to ensure ongoing compliance with the government code and to maximize investment flexibility as permitted. The current Investment Policy has the following objectives for the portfolio:

1. Safety

2. Liquidity

3. Yield
Attached is the Treasurer’s Report for the quarter ended September 30, 2022.

At June 30, 2022, the end of the previous reporting period, the value of the City’s total portfolio was $27.6 million. Since that time, the value of the City’s portfolio decreased by $2.77 million for an ending balance of approximately $24.8 million as of September 30, 2022. It is normal for cash balances to fall during the second half of a calendar year due to the receipt of property tax revenues in the first half of the year only.

Item 29
At September 30, 2022 the funds were held as follows:

Local Agency Investment Fund (LAIF) $11,366,621.88
Cash in Banking Institutions:

General Checking Account 8,636,892.63
CDBG Checking Account 382,464.85
Payroll Checking Account 50,617.25
Pension Obligation Bond Cash Accounts 11,168.76
Placer County Investment Pool 4,374,426.71
Self-Managed Short Term Investments 500.00
Total Portfolio $24,822,692.08
Item 210
The City Finance Director and Treasurer periodically analyze cash flow needs to determine when additional transfers can be made into the Placer County investment pool, or LAIF, without risking a funding shortfall in the general checking account. Given the large balance in the checking account, the Treasurer recommended a transfer be made into LAIF to earn additional interest income. $3 million was transferred out of the checking account into LAIF in October.

LAIF and the Placer County Pool remain the City’s sole investment vehicles. While these investments are certainly permitted by the investment policy, they are not earning a high return. Therefore, I continue to recommend that the City issue an RFP for Investment Management Services to procure a professional funds manager to increase the yield of the City’s portfolio and generate additional revenues for the citizens.

Environmental Determination
Not applicable.

Alternatives Available to Council; Implications of Alternatives The council could reject the report based on its format or any known errors in the report. The City Treasurer would issue an amended report reflecting the format changes and/or error corrections at the next available City Council meeting.

Fiscal Impact
All investments held at September 30, 2022 were in conformance with the Investment Policy.

Attachments
Treasurer’s Report Quarter September 30, 2022.

Item 211
.

Yield % Par Value Cost
06/30/2022
Market Value
Current Market
Value Maturity Date Change
CASH & DEMAND DEPOSITS:

Wells Fargo - Commercial Checking 0.40% $ 11,433,581.71 $ 8,636,892.63 na $ (2,796,689.08) US Bank - Principal Cash $ 2,995.30 $ 2,995.30 na $ -
US Bank - Pension Obligation Bonds Debt Service Fund $ 8,152.73 $ 8,173.46 na $ 20.73 Wells Fargo - Payroll Checking 0.40% $ 53,094.45 $ 50,617.25 na $ (2,477.20) Wells Fargo - CDBG $ 382,079.44 $ 382,464.85 na $ 385.41 TOTAL CASH & DEMAND DEPOSITS 0% $ 11,879,903.63 $ 9,081,143.49 $ (2,798,760.14)

POOLED INVESTMENTS
Local Agency Investment Fund (LAIF) 1.36% $ 11,345,380.95 $ 11,366,621.88 na $ 21,240.93 Placer County Investment Pool 0.852% $ 4,366,216.89 $ 4,374,426.71 na $ 8,209.82 TOTAL POOLED INVESTMENTS $ 15,711,597.84 $ 15,741,048.59 $ 29,450.75

SELF MANAGED SHORT-TERM INVESTMENTS
Corporate Bonds:

Mnlehman Brothers HLRR1
125,000.00 65,665.21 500.00 500.00 20121$ -
TOTAL SHORT TERM and POOLED INVESTMENTS $ 125,000.00 $ 65,665.21 $ 500.00 $ 500.00 $ - TOTAL CASH & INVESTMENTS $ 27,592,001.47 $ 24,822,692.08 $ (2,769,309.39) Restricted Bond Funds Excluded from report
1 Lehman Brothers entered Chapter 11 bankruptcy proceedings in September 2008. This corporate bond matured in 2012 but redemption is constrained by the bankruptcy plan. The City receives periodic principal repayments on this bond. The original par value of the bond was $125,000.

As a result of the distributions, the current cost basis is $65,665.21.

City of Auburn
Treasurer's Report
Quarter Ended September 30, 2022
Item 212
To: Honorable Mayor and City Council Members
From: Amy Lind, City Clerk
Meeting Date: January 9, 2023
Business Type: Council Business
Subject: City Council Appointments to Committees & Commissions The Issue
Shall the City Council affirm Mayor Dowdin Calvillo’s nominations of Councilmembers to serve on various boards & commissions?
Conclusion and Recommendation
It is recommended that the City Council, by MOTION, affirm Mayor Dowdin Calvillo’s nominations of Councilmembers to serve on various boards and commissions. It is further recommended that the City Council, by MOTION, approve the tentative FPPC Form 806 listing compensated Councilmember appointments to boards and commissions.

Background
It has been the City’s practice to allow the Mayor to nominate appointees to various boards and commissions. While most appointments provide no compensation, five of the nominations provide a stipend of $100 per meeting.

The Fair Political Practices Commission (FPPC) regulation 18702.5 permits a Councilmember to participate in discussion and voting on his or her appointment to a compensated position on a board or commission so long as the City discloses specific information on the City’s website using the FPPC Form 806. FPPC Form 806 is used to report compensation for membership on committees, boards or commissions of a public agency, special district, or joint powers agency.

The Form 806 was completed and posted on the City’s website on January 5, 2023 with the tentative appointments listed. As a result, there is no need for any Councilmember to abstain on any vote for the listed appointments.

Attachments
Appointment List
806 Form
Item 313
2023 Proposed Mayoral Appointments to City Council
committees, commissions, taskforces and boards
Body Voting (V)
Advisory (A)
Liaison (L)
Form
700
(Y/N)
Mayoral Appointment
Budget Committee – Internal committee comprised of Mayor, one Councilmember and staff. [Meets as needed]
A N Alice Dowdin Calvillo
Rachel Radell-Harris
Auburn Arts Commission [meets monthly 1st Mon @ 5:30pm; Rm 10] L N Mike Holmes Auburn Economic Development Commission [meets monthly 2nd Tue @5:30pm; Rm 10] V N Rachel Radell-Harris Mike Holmes
Auburn Endurance Capital of the World Committee [meets monthly 3rd Wed @ 6pm; Rm 10] V N Alice Dowdin Calvillo Streetscape History and Art Advisory Committee [meeting schedule to be released Jan 2023 ]
V N Sandy Amara
Sustainability Advisory Committee [meets monthly 3rd Thu @ 4pm; Rm 10] V N Sandy Amara Traffic Committee [meets Jan, Mar, May, Jul, Sep, Nov 3rd Tue @ 8:30am; Rm 10] V N Mike Holmes Pioneer Community Energy Board [meets monthly 3rd Thu @ 3pm; Pioneer Office in Rocklin] V Y Alice Dowdin Calvillo Alt. Rachel Radell-Harris
Placer Co Air Pollution Control District Board [meets every other month 2nd Thu @2:30pm; Placer Co Board Chambers]
V Y Daniel Berlant
Alt. Mike Holmes
Placer Co Economic Development Board [meets Jan, Apr, Jun & Sep 3rd Thu @11:30am location TBD]
V Y Rachel Radell-Harris
Alt. Mike Holmes
Placer Co Flood Control and Water Conservation District [meets monthly 2nd Tue @4pm; Rocklin City Chambers
V Y Daniel Berlant
Alt. Alice Dowdin Calvillo
Placer Co LAFCO [meets monthly 2nd Wed @ 4pm; Placer Co Board Chambers] V Y Auburn does not have a seat until Jan 2024
Item 314
Placer Co Mosquito & Vector Control District [meets monthly 3rd Mon @ 4:30pm; District Office @ 2021 Opportunity Dr., Roseville
V Y Sandy Amara (until 2024)
Placer Co Transportation Planning Agency (PCTPA) [meets monthly 4th Wed @9am; Placer Co Board Chambers]
V Y Alice Dowdin Calvillo
Alt. Sandy Amara
Regional Homelessness Response Project Planning Team [meets monthly TBD each month] A N Daniel Berlant Sandy Amara
Sacramento Area Council of Governments (SACOG) [meets monthly 3rd Thu @9am; 1415 L Street., Ste. 300, Sacramento
V Y Alice Dowdin Calvillo
Alt. Daniel Berlant
Greater Auburn Area Fire Safe Council [meets monthly the 3rd Fri @ 9am; Rm 10] L N Daniel Berlant Auburn Airport Association (3 AC) [meets monthly 1st Tue @6pm; Barnstormer @ the Airport] L N Rachel Radell-Harris Alt. Alice Dowdin Calvillo
Auburn Airport Business Park Association [Meetings TBD] L N Rachel Radell-Harris Auburn Chamber Government Affairs [meets monthly 1st Wed @7am; Auburn Chamber Board Room]
L N Daniel Berlant
Auburn Chamber Meddlers [meets weekly on Tue @7am; Rm 10] L N Alice Dowdin Calvillo Alt. Mike Holmes
Auburn Recreation District (ARD) [meets monthly 3rd Thu @6pm; Maidu Community Center Board Rm]
L N Mike Holmes
Alt. Rachel Radell-Harris
Auburn State Recreation Area (ASRA) and Bureau of Reclamation (BOR) L N Alice Dowdin Calvillo Daniel Berlant
Auburn State Theatre [meets monthly 3rd Wed @ 8am; State Theatre] L N Mike Holmes Auburn Union School District Board of Directors [meetings as publicly noticed] L N Rachel Radell-Harris Downtown Business Association [meets… L N Sandy Amara
Old Town Business Association [meets… L N Daniel Berlant Placer Co 3x3 [meets as needed] Mayor/Vice Mayor and City Manager A N Alice Dowdin Calvillo Rachel Radell-Harris
Item 315
Solid Waste Local Task Force [meets
1st Thu of Feb, May, Aug, and Nov @9:30am at 3091
County Center Drive, Ste. 170, Auburn]
AN Alice Dowdin Calvillo
Alt. Mike Holmes
Item 316
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Comment:

A Public Document
Appt Date and
Length of Term
Agency Report of:

Public Official Appointments

2. Appointments

3. Verification
I have read and understand FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief.

Signature of Agency Head or Designee Print Name Title (Month, Day, Year) Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend (Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form

1. Agency Name
Designated Agency Contact (Name,Title)
E-mail
Division, Department, or Region (If Applicable)
806
For Official Use Only
Area Code/Phone Number
(Month, Day, Year)
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date

Length of Term

Length of Term

Length of Term

Length of Term
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
 Per Meeting: $
 Per Meeting: $
 Per Meeting: $
 Per Meeting: $
Page _____ of _____
Date Posted:

Item 317
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
A Public Document
Appt Date and
Length of Term
Agency Report of:

Public Official Appointments
Continuation Sheet

2. Appointments
Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend (Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form

1. Agency Name
806
(Month, Day, Year)
Date Posted:
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date

Length of Term

Length of Term

Length of Term

Length of Term
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
 Per Meeting: $
 Per Meeting: $
 Per Meeting: $
 Per Meeting: $
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
Name
Name
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
Other
Other
 ____/____/____
Appt Date
 ____/____/____
Appt Date

Length of Term

Length of Term
 Estimated Annual:
 Estimated Annual:
 Per Meeting: $
 Per Meeting: $
Page _____ of _____
Item 318
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Background
This form is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of another public agency or to a committee or position of the agency of which the public official is a member.

This form is required pursuant to FPPC Regulation 18702.5.

Each agency must post on its website a single Form 806 which lists all the paid appointed positions to which an official will vote to appoint themselves. When there is a change in compensation or a new appointment, the Form 806 is updated to reflect the change. The form must be updated promptly as changes occur.

Instructions
This form must be posted prior to a vote (or consent item) to appoint a governing board member if the appointee will participate in the decision and the appointment results in additional compensation to the appointee.

FPPC Regulation 18702.5 provides that as long as the public is informed prior to a vote, an official may vote to hold another position even when the vote results in additional compensation.

Part 1. Agency Identification
Identify the agency name and information on who should be contacted for information.

Part 2. Appointments
Identify the name of the other agency, board or commission. List the name of the official, and an alternate, if any.

List the appointment date and the length of term the agency official will serve. Disclose the stipend provided per meeting and the estimated annual payment. The annual salary is an estimate as it will likely vary depending upon the number of meetings. It is not necessary to revise the estimate at the end of the calendar year.

Part 3. Verification
The agency head or his/her designee must sign the verification.

Frequently Asked Questions (FAQs)

1. When does an agency need to complete the Form 806?
A Form 806 is required when an agency’s board members
vote to appoint a board member to serve on another
governmental agency or position of the agency of which the official is a member and will receive additional compensation.

2. The city council votes to serve as the city’s housing authority, a separate entity. Will the Form 806 be required?
If the council members receive additional compensation for serving on the housing authority, the Form 806 is required.

3. Are appointments made by a governing board to appoint one of its members to serve as an officer of that board for additional pay (e.g., mayor) required to be disclosed on Form 806?
No. FPPC Regulation 18702.5(b)(6) exempts from this
requirement decisions to fill a position on the body of which the official is a member (such as a councilmember being appointed as mayor) despite an increase in compensation.

4. In determining the income, must the agency include mileage reimbursements, travel payments, health benefits, and other compensation?
No. FPPC Regulation 18702.5 requires only the amount of the stipend or salary to be reported.

5. Which agency must post the Form 806?
The agency that is voting to appoint a public official must post the Form 806 on its website. The agency that the official will serve as a member is not required to post the Form 806. The form is not sent to the FPPC.

6. When must the Form 806 be updated?
The Form 806 should be amended promptly upon any of
the following circumstances: (1) the number of scheduled meetings is changed, (2) there is a change in the
compensation paid to the members, (3) there is a change in membership on the board or commission, or (4) there is a new appointment to a new agency.

7. If officials choose to recuse themselves from the decision and leave the room when a vote is taken to make an
appointment, must the Form 806 be completed?
No. The Form 806 is only required to identify those officials that will vote on an appointment in which the official will also receive additional compensation.

Privacy Information Notice
Information requested by the FPPC is used to administer and enforce the Political Reform Act. Failure to provide information may be a violation subject to penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC’s General Counsel, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA
95811.

California
Form 806
A Public Document
Agency Report of:

Public Official Appointments
Item 319
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Item 320
To: Honorable Mayor and City Council Members
From: Joan Phillipe, Interim City Manager
Jonathan Wright, Community and Economic Development Director Meeting Date: January 9, 2023
Business Type: Consent Calendar
Subject: By RESOLUTION, approve the Interim City Manager to accept, expend and closeout the $177,952 in Per Capita Grant Funding from the California State Department of Parks and Recreation to complete ADA and other improvements in the School Park Preserve.

The Issue
Shall the City Council approve a RESOLUTION authorizing the Interim City Manager to accept, expend and closeout a $177,952 Per Capita Grant Funding, allowing her to sign all documents, from the California State Department of Parks and Recreation to complete ADA and other improvements in the School Park Preserve?
Conclusion and Recommendation
By RESOLUTION:
1) Authorize the Interim City Manager to accept, expend and closeout and sign all documents for a $177,952 in Per Capita Grant Funding from the California State Department of Parks and Recreation for the completion of ADA and other improvements in the School Park Preserve. 2) Find that the project is exempt from CEQA review as a Class 1 categorical exemption under CEQA Guidelines Section 15301 and 15304.

Background
City Staff was contacted by the California State Department of Parks and Recreation regarding a grant opportunity for City owned parks. These funds have been made available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors.

The first step in securing the grant funding is to pass a RESOLUTION and then work to submit the application packet. This grant requires up to a 20% match; however, the City’s School Park Preserve lies in a census tract within the City that has been designated as “Severely Disadvantaged” therefore the City will not be required to put in any funding towards this project.

Item 421
On July 25, 2022, City Council authorized the City Manager to apply for this grant and to develop a project for the use of the grant. Since then, several ideas have been analyzed and a project has been identified.

This project was developed by a steering committee comprised of park stakeholders. As funding allows, this project would rejuvenate the existing degraded pathway sections, complete projects identified in the City’s 2019, ADA Transition Plan and create a new ADA compliant pathway to access the area identified in the December 5, 2022, ARD presentation to the City Council for the three (3) new pickleball courts.

On December 20, 2022, The City was notified of the award of funding by State Parks and is required to execute the attached contract to receive the funds.

Environmental Determination
The improvement of existing infrastructure is categorically exempt (Class 1) from the California Environmental Quality Act (CEQA).

Alternatives Available to Council; Implications of Alternatives Alternatives:

1. Adopt a RESOLUTION authorizing the Interim City Manager to accept, expend and close out a $177,952 in Per Capita Grant Funding from the California State Department of Parks and Recreation and allowing her to sign all documents.

2. Amend and adopt a RESOLUTION authorizing the Interim City Manager to accept, expend and close out a $177,952 in Per Capita Grant Funding from the California State Department of Parks and Recreation and allowing her to sign all documents.

3. Do not adopt a resolution and provide staff with direction.

Fiscal Impact
This will result in an unanticipated increase $177,952 in revenue to the City’s budget. All costs, including pre-construction costs should be reimbursed to the City. No match is required for this grant based on the location of the School Park Preserve.

Attachments
A) Resolution
Item 422
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RESOLUTION NO. 23 -

RESOLUTION APPROVING THE ACCEPTANCE, EXPENDITURE AND CLOSE

OUT OF A STATE DEPARMENT OF PARKS AND RECREATION GRANT, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS.
------------------------------------------------------------------------------------ THE CITY COUNCIL OF THE CITY OF AUBURN DOES HEREBY RESOLVE:

That the City Council of the City of Auburn by RESOLUTION, approves the acceptance, use and closeout of a $177,952.00 California State Parks Grant for projects identified for the City’s School Park Preserve; and That the project is exempt from CEQA review as a Class 1 categorical exemption under CEQA Guidelines Section 15301 and 15304; and, BE IT FURTHER RESOLVED that the Interim City Manager or her designee is authorized to sign all related documents including the agreement attached (Exhibit A).

DATED: January 9, 2023
________________________
Alice Dowdin Calvillo, Mayor
ATTEST:
_____________________________
Amy Lind, City Clerk
I, Amy Lind, City Clerk of the City of Auburn, hereby certify that the foregoing resolution was duly passed at a regular session meeting of the Item 423
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City Council of the City of Auburn held on the 9th day of January, 2022 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Amy Lind, City Clerk
Item 424
State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program

GRANTEE
THE PROJECT PERFORMANCE PERIOD is from
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.

By
Title
Date
(Signature of Authorized Representative)
By
Date

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
City of Auburn
City of Auburn
City Manager
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

PROJECT NO.

CERTIFICATION OF FUNDING
(For State Use Only)

AMOUNT ENCUMBERED BY THIS DOCUMENT

CONTRACT NO
FUND.

PRIOR AMOUNT ENCUMBERED FOR THIS

CONTRACT
FISCAL SUPPLIER I.D.

TOTAL AMOUNT ENCUMBERED TO DATE
$

ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE 2022/23
C9803002
3790-101-6088 6
69808
Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
37900091 5432000-5432000000
$177,952.00
0000011677
20 AMENDMENT NO
$177,952.00
CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 July 01, 2018 through June 30, 2028
Exhibit A
Item 425
1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Auburn (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$177,952___, subject to the terms and conditions of this AGREEMENT and the 2020/21 California State Budget, Chapter 6, statutes of 2020, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from _July 01, 2018_ to _June 30, 2028_.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The Item 426
2 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the Item 427
3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
Item 428
4 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project Item 429
5 termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

Item 430
6 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
Item 431
7 Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

III. Special Provisions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.

Item 432
8 _City of Auburn____________________________________

GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
Item 433
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Item 434
To: Honorable Mayor and City Council Members
From: Ryan L. Kinnan, Chief of Police
Bryan Morrison, Lieutenant
Meeting Date: January 9, 2023
Business Type: Consent Calendar
Subject: Municipal Financing of Police Vehicles
The Issue
Should the City Council approve the acquisition of one police patrol vehicle by utilizing the General Motors Municipal Financing Program?
Conclusion and Recommendation
Based on the research of police patrol vehicles available, Staff recommends that the City Council by RESOLUTION approve the lease/purchase of one marked Chevrolet PPV SUV (Tahoe). By utilizing the General Motors Financing Program, the city avoids the upfront payment for the new vehicle, therefore allowing for a payment plan on a scheduled basis over the term of the lease. The leasing/purchasing of the vehicle will allow the department to replace older high mileage vehicles that have reached their end of life.

Background
The Auburn Police Department is currently utilizing the General Motors Municipal Finance Program for the purchase of our marked patrol vehicle fleet. Currently, our fleet of marked police patrol vehicles is made of eight vehicles; one is designated as a supervisor vehicle. A large portion of our fleet is aging and the mileage of four of our vehicles has exceeded 100,000 miles.

Although the industry replacement schedule for police patrol vehicles ranges from 100,000 to 130,000 miles, the older and higher mileage vehicles begin to see higher maintenance costs and begin to lack dependability in an industry where dependability is a necessity. In addition, the older vehicles are typically no longer covered by the manufacturer’s warranty increasing the maintenance costs. The warranties for our current vehicles are three year or 36,000-mile bumper to bumper warranty, and five year or 100,000-mile power train warranty. Based on the age of four of our current vehicles, these vehicles are no longer covered by the manufacturer’s warranty. It should also be noted, by the time we receive the new vehicle the mileage on our old vehicles will have increased due to the estimated delivery time frame of six months.

Item 535
The newly purchased vehicle, Chevrolet PPV SUV (Tahoe), totaling $95,859.61 will be financed by the City of Auburn through the GM Municipal Financing Program. Through the MFP the City will lease the vehicles over a six-year term rather than having to pay this amount up front for the purchase. The newly acquired police patrol vehicles will be black with one white door on either side with a police graphic scheme.

The vehicle would be acquired from Chevrolet, financed through the GM Municipal Financing program, and outfitted by Kerr Industries. Kerr Industries works directly with the vehicle manufacturer to build-out the vehicle. Kerr Industries can outfit emergency vehicles to meet today’s needs of the Auburn Police Department. The cost of the build-out is added to the municipal financing allowing the transition to be more efficient and cost effective.

Upon approval, the Auburn Police Department will coordinate the completion of the required documents for the financing of the police vehicles.

By acquiring this vehicle, we can replace a unit that insurance paid out on because of a traffic collision.

Analysis
Over the past two years acquiring new vehicles has become very difficult due to the shortage of vehicles being manufactured and the shortage of solid-state computer chips required for the vehicles. The abovementioned vehicle was placed on hold for the department and if not purchased now we will not be able to purchase a new patrol vehicle for the next two to three years due to industry supply and demand.

The cost of vehicles has significantly increased in comparison to the previous purchase of the police vehicles. Cost of vehicles due to covid and inflation, as well the increase of interest rates, has increased the cost of our vehicle by approximately $19,000.

The flexibility of the payment structure allows for a known and ongoing cost to the city for budgeting purposes. By using the General Motors MFP, we have the flexibility to replace high mileage vehicles on a payment program rather than having to outlay the funds upfront for the entire cost of the vehicles.

Alternatives Available to Council: Implication of Alternatives

1. Approve the recommended expenditure via the General Motor Municipal Financing Program as outlined

2. Deny recommended staff report and look for other alternatives at an unknown cost.

Fiscal Impact
The order of this vehicle would take place in this fiscal year; however, the vehicles would not arrive until after the end of the current fiscal year. The cost of the vehicles would not be incurred by the City of Auburn during this fiscal year (FY22-23).

Item 536
The total cost of the vehicle will be $95,859.61 (Attachment 1), as outlined in the attached quote from Winner Chevrolet, which also includes the build-out costs from Kerr Industries (Attachment 2). The radios for the vehicle would be included in the General Motors Financing Program at a cost of $8,992.45. (Attachment 3).

On August 11, 2021, AGCS Marine Insurance credited the City of Auburn (account number 47-210-79101) $39,527 for the total loss of a 2014 Ford Taurus (Unit 11) because of a traffic collision. To date, Unit 11 has not been replaced and the $39,527 credited to the City of Auburn could be utilized to offset the cost of the new Chevrolet PPV SUV (Tahoe).

Per the Municipal Financing program, costs will be paid quarterly at a cost of $5,003.65 over the course of six years, at which time the vehicle may be purchased with a final payment of one dollar. The build-out costs for the vehicles include communication equipment, emergency warning devices, and incident command aids.

Attachments

1. Winner Chevrolet Quote

2. Kerr Industries Quote

3. Motorola Quote

4. GM Municipal Lease Purchase Proposal
Item 537
Item 538
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Item 541
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RESOLUTION NO. 23-

RESOLUTION AUTHORIZING THE ACQUISITION OF ONE CHEVROLET PPV SUV (TAHOE) FOR THE AUBURN POLICE DEPARTMENT
---------------------------------------------------------------- THE CITY COUNCIL OF THE CITY OF AUBURN DOES HEREBY APPROVE:

By RESOLUTION, approve and authorize the City Manager or his designee to purchase one Chevrolet PPV SUV, outfitted by Kerr Industries through General Motors Municipal Financing Program
DATED: January 9, 2023
___________________________
Alice Dowdin Calvillo, Mayor
ATTEST:
_____________________________
Amy Lind, City Clerk
I, Amy Lind, City Clerk of the City of Auburn, hereby certify that the foregoing resolution was duly passed at a regular meeting of the City Council of the City of Auburn held on the 9th day of January by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Amy Lind, City Clerk
Item 542
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To: Honorable Mayor and City Council Members
From: Gary Bell, City Attorney
Meeting Date: January 9, 2023
Business Type: Consent Calendar
Subject: Employment Agreement for Interim City Manager
The Issue
Shall the City Council approve the attached employment agreement for Interim City Manager services? Conclusion and Recommendation
By Resolution, approve the attached employment agreement with Joan Phillipe.

Background
The City of Auburn is in the process of recruiting to fill the vacant position of City Manager and during such recruitment, wishes to appoint a person with specialized skills qualified to fill the position on an interim basis in order to prevent stoppage of public business and continue Municipal operations during recruitment for a permanent appointment.

Ms. Phillipe, who is a PERS annuitant, is an experienced public administrator with over 35 years in local government, including as a City Manager and Executive Director. Pursuant to Government Code Section 21221(h), a PERS annuitant may provide temporary specialized services during recruitment for a permanent appointment, not to exceed 960 hours within a fiscal year, and compensation is limited the existing base salary schedule for the position, reduced to an hourly rate. The attached agreement will provide for at-will Interim City Manager services during the recruitment process for a permanent City Manager, which is already underway.

Environmental Determination
City staff have evaluated the proposed Resolution and determined that it is exempt from the California Environmental Quality Act (CEQA) because it does not involve a “project” under Public Resources Code section 21065.

Alternatives Available to Council; Implications of Alternatives

1. Do not approve employment agreement;

2. Revise employment agreement prior to approval; or

3. Provide different or additional direction to staff.

Item 643
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Fiscal Impact
Currently budgeted.

Attachments

1. Resolution approving employment agreement with J. Phillipe

2. Employment agreement with Joan Phillipe.

Item 644
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CITY OF AUBURN

EMPLOYMENT AGREEMENT

WITH JOAN PHILLIPE

TO PERFORM SPECIALIZED AND

TEMPORARY SERVICES

AS CITY MANAGER
This agreement is entered into January 9, 2023 by and between the CITY OF AUBURN, a municipal corporation, hereafter referred to as the “City” and Joan Phillipe, hereafter referred to as “Employee.”
A. WHEREAS, the City is in the process of recruiting to fill the vacant position of City Manager and during such recruitment, desires to appoint a person with specialized skills qualified to fill the position on an interim basis in order to prevent stoppage of public business and continue Municipal operations during recruitment for a permanent appointment;
B. WHEREAS, Employee is a retired annuitant who has been retired from public service for more than 180 days and who has specialized city management experience as a former city manager and executive director for local municipalities in the Northern California area;
C. WHEREAS, Auburn Municipal Code section 31.016 authorizes the City Council to appoint a City Manager;
D. WHEREAS, the City Council wishes to appoint PERS annuitant, Employee, to the position of City Manager on an interim basis, pursuant to Government Code Section 21221(h) and a written PERS Annuitant Employment Agreement; E. WHEREAS, Government Code section 21221(h) limits the number of hours a retired annuitant may work to 960 hours in a fiscal year;
F. WHEREAS, Employee has worked 98.75 hours between July1, 2022 and November 30, 2022 as a retired annuitant;
G. WHEREAS, Employee will not work more than 861.25 hours before June 30, 2023, as required under Government Code section 21221(h); and H. WHEREAS, Employee has certified that she has not received unemployment insurance compensation within the 12-month period prior to her appointment.

NOW THEREFORE, in consideration of the above stated desires and the mutual covenants, terms and conditions, herein contained, the parties hereto mutually and freely agree as follows:

Item 645
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SECTION 1 – EMPLOYMENT CONDITIONS AND DUTIES
a. Employee is appointed by and shall serve at the pleasure of the City Council.

Employee has performed her due diligence to confirm with PERS that she may accept this temporary appointment as a PERS annuitant.
b. Employee shall be responsible for performing duties of the Interim City Manager position and other duties and special projects as assigned.

SECTION 2 – EMPLOYMENT TERM
a. The City agrees to employ Employee and Employee agrees to be employed and remain in the employment of the City for a term beginning December 6, 2022 and ending no later than June 6, 2023. During this term, Employee shall not work more than 861.25 hours. This is an at-will position and Employee has no property interest in her position.
b. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the rights of the City to terminate the services of the Employee at any time during such employment terms or any renewal thereof subject to the provisions as set forth in this agreement.
c. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right to resign at any time from this position with the City, subject to the provisions as set forth in this agreement.

SECTION 3 – EMPLOYEE RESIGNATION
In the event the Employee terminates this Employment Agreement by voluntary resignation, in writing, before expiration of the employment terms or any renewal(s) thereof, Employee shall not be entitled to any severance pay but shall be entitled to payment in full for consideration during pay period. In the event that the Employee voluntarily resigns this position before normal expiration date of the employment terms or any renewal she shall give the City at least ten (10) days advanced written notice unless the parties agree otherwise. The Employee, should she resign, shall be paid for any earned salary to which s he is entitled as of the final day on City payroll.

SECTION 4 – EMPLOYMENT TERMINATION
Employee serves in an at-will capacity as Interim City Manager during the period of time stated in this agreement. The City may terminate or remove the Employee with or without cause.

SECTION 5 – WORK HOURS/CAP
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Employee is expected to devote necessary time, within and outside normal work hours, to the business of the City. Due to the nature of the position, it is understood that the workday and workweek may vary. Employee shall not work more than 861.25 hours within the term set forth in Section 2 above.

SECTION 6 – SALARY
The City shall pay the Employee for all services rendered and worked pursuant to this agreement at $96.56 per hour, which represents the annual salary of the City Manager position, divided by twelve months and divided again by 173.333, as required by Government Code Section 21224(a). Employee’s salary will be paid on a bi-weekly basis in conformance with the City’s established pay periods and pay days; although Employee is required by Government Code Sections 21224(a) to be compensated on an hourly basis, Employee is an FLSA exempt employee and is not entitled to overtime, even if her work week exceeds 40 hours. Employee shall not receive benefits, incentives or compensation in lieu of benefits, sick leave, holiday, vacation pay or any other form of compensation in addition to the hourly rate during her employment underthis employment agreement.

SECTION 7 – INDEMNIFICATION
If the employee is named as a party in litigation relating to Employee’s actions or inactions as a City employee, the City shall defend Employee and pay any judgment which may be entered against Employee, consistent with the terms of applicable law including Government Code 810 et seq.

SECTION 8 – ENTIRE AGREEMENT AND AMENDMENTS
a. This agreement supersedes any and all other agreements between the parties hereto with respect to the employment of the Employee by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducement, promise,or agreements have been made by any party or anyone acting on behalf of any party orally or otherwise which are not embodied herein. b. No other agreement, statement or promise not contained in this Agreement shall be valid or binding or shall be used in interpreting the meaning of thisAgreement. c. Amendments, modifications or changes may be made to this Agreement and shall become effective on the date contained therein when executed in writing and mutually signed by both parties to this Agreement.
d. This Agreement and any amendments, modifications or changes thereto shall be binding upon the City during its term.
e. This Agreement and any amendments, modifications or changes thereto shall Item 647
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be binding upon the Employee and inure to the benefit of the heirs at law and executors of the Employee.

SECTION 9 – SEVERABILITY
If any provision or any portion hereof is held to be unconstitutional invalid or unenforceable, the remainder to this Agreement or portion thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect. “EMPLOYEE”
Joan Phillipe
“CITY”
Sandy Amara, Mayor
ATTEST:

Amy Lind, City Clerk
(seal)
Item 648
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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN APPROVING

THE EMPLOYMENT AGREEMENT WITH INTERIM CITY MANAGER JOAN PHILLIPE ________________________________________________________ A. WHEREAS, the City of Auburn (“City”) is in the process of recruiting to fill the vacant position of City Manager and during such recruitment, desires to appoint a person with specialized skills qualified to fill the position on an interim basis in order to prevent stoppage of public business and continue Municipal operations during recruitment for a permanent appointment;
B. WHEREAS, Auburn Municipal Code section 31.016 authorizes the City Council to appoint a City Manager;
C. WHEREAS, Joan Phillipe (“Employee”) is a retired annuitant who has been retired from public service for more than 180 days and who has specialized city management experience as a former city manager and executive director for local municipalities in the Northern California area;
D. WHEREAS, the City Council wishes to appoint PERS annuitant, Employee, to the position of City Manager on an interim basis, pursuant to Government Code Section 21221(h) and a written PERS Annuitant Employment Agreement;
E. WHEREAS, the Interim City Manager’s compensation shall not exceed the maximum monthly base salary for the City Manager position; and Item 649
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the Interim City Manager will not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate;
F. WHEREAS, Government Code section 21221(h) limits the number of hours a retired annuitant may work to 960 hours in a fiscal year; G. WHEREAS, Employee has worked 98.75 hours between July 1, 2022 and November 30, 2022 as a retired annuitant;
H. WHEREAS, Employee will not work more than 861.25 hours before June 30, 2023, as required under Government Code section 21221(h); I. WHEREAS, Employee has certified that she has not received unemployment insurance compensation within the 12-month period prior to her appointment; and
J. WHEREAS, Employee has agreed to fill the position of Interim City Manager under the terms pursuant to a written agreement ratified by the City Council.

NOW THEREFORE, in consideration of the above stated desires and the mutual covenants, terms and conditions, herein contained, the parties hereto mutually and freely agree as follows:

1. The City Council hereby appoints Joan Phillipe to the position of Interim City Manager for a period effective December 6, 2022 to a date not beyond June 6, 2023, under the terms of the PERS Annuitant Item 650
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Employment Agreement and consistent with the requirements of Government Code Sections 21221(h) and 21224(a).

RATIFIED at a regular meeting of the City Council on the 9th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Alice Dowdin Calvillo, Mayor
ATTEST:
_________________
Amy Lind, City Clerk
APPROVED AS TO FORM:
______________________________
Gary B. Bell, City Attorney
Item 651
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I, Amy Lind, City Clerk of the City of Auburn, hereby certify that the foregoing resolution was duly passed at a regular meeting of the City Council of the City of Auburn held on the 9th day of January 2023 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Amy Lind, City Clerk
Item 652
280605.1
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To: Honorable Mayor and City Council Members
From: Joan Phillipe, Interim City Manager
Meeting Date: January 9, 2023
Business Type: Consent Calendar
Subject: Auburn Police Officers’ Association Side Letter The Issue
Shall the City Council approve the attached Auburn Police Officers’ Association (“APOA”) side letter? Conclusion and Recommendation
By Resolution, approve the attached APOA side letter.

Background
A request has been made by APOA and Auburn Police Sergeants for the addition to APOA of the classification of “Police Sergeant.”
This process is typically undertaken under the City’s Employer-Employee Relations Policy. Under Article II, section 9.0, subdivision B, of the Employer-Employee Relations Policy, “positions occupied by Management, Supervisory and Confidential Employees may only be included in a unit consisting solely of Management, Supervisory or Confidential employees respectively,” and “Management, Supervisory and Confidential Employees may not represent any Employee Organization which represents employees who are not Management, Supervisor or Confidential Employees.” The addition to APOA of the Police Sergeant classification will create a situation wherein positions occupied by Management or Supervisory Employees, as defined under the policy, will be included in a unit not consisting solely of Management or Supervisory Employees, in contradiction of Article II, section 9.0, subdivision B, of the Employer-Employee Relations Policy.

To expedite the process of adding the classification “Police Sergeant” to APOA, the City and APOA have agreed in a side letter, attached as exhibit A, to 1) add to APOA the Police Sergeant classification, which as a result, will no longer be represented by APSA; and 2) waive the Employer-Employee Relations Policy, Article II, section 9.0, subdivision B for the purposes of the side letter only. A condition of the side letter requires APSA to decertify the bargaining unit as soon as possible.

Item 753
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Alternatives Available to Council; Implications of Alternatives

1. Do not approve APOA side letter;

2. Revise APOA side letter prior to approval; or

3. Provide different or additional direction to staff.

Fiscal Impact
Currently budgeted.

Attachments

1. Resolution approving APOA side letter

2. APOA side letter
Item 754
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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN APPROVING THE SIDE LETTER WITH THE AUBURN POLICE OFFICERS’ ASSOCIATION ________________________________________________________

THE CITY COUNCIL OF THE CITY OF AUBURN DOES HEREBY RESOLVE AS FOLLOWS:

1. “The City of Auburn and the Auburn Police Officers Association Side Letter Agreement to July 1, 2021 – June 30, 2023 Memorandum of Understanding,” attached hereto as Exhibit “A” and fully incorporated herein by reference, is hereby approved (the “Side Letter”). The Interim City Manager is authorized to sign the Side Letter on behalf of the City.

PASSED AND ADOPTED at a regular meeting of the City Council on the 9th Day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

I, Amy Lind, City Clerk of the City of Auburn, hereby certify that the foregoing resolution was duly passed at a regular meeting of the City Council of the City of Auburn held on the 9th day of January, 2023 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Amy Lind, City Clerk
Item 756

THE CITY OF AUBURN
AND

THE AUBURN POLICE OFFICERS ASSOCIATION

SIDE LETTER OF AGREEMENT
TO JULY 1, 2021 – JUNE 30, 2023

MEMORANDUM OF UNDERSTANDING
IMANAGE\31006\0003\297587.v1-12/19/22
WHEREAS, the City of Auburn (“City”) and the Auburn Police Officers’ Association (“APOA”) met and conferred in good faith regarding the addition to APOA of the classification of “Police Sergeant”; and
WHEREAS, the City has also met and conferred with the Police Sergeant employees who desire to decertify APSA and rejoin the APOA; and WHEREAS, the City and APOA have agreed to add to APOA the Police Sergeant classification, which as a result, will no longer be represented by APSA; and WHEREAS, the addition to APOA of the Police Sergeant classification will create a situation wherein positions occupied by Management or Supervisory Employees, as defined under the City’s Employer-Employee Relations Policy, will be included in a unit not consisting solely of Management or Supervisory Employees; and WHEREAS, notwithstanding that the City’s Employer-Employee Relations Policy, Article II, section 9.0, subdivision B, requires that “positions occupied by Management, Supervisory and Confidential Employees may only be included in a unit consisting solely of Management, Supervisory or Confidential employees respectively,” and that “Management, Supervisory and Confidential Employees may not represent any Employee Organization which represents employees who are not Management, Supervisor or Confidential Employees,” the parties desire to restore the Police Sergeant classification to APOA as quickly as possible without further meet and confer regarding the application of the limitation under the City’s Employer-Employee Relations Policy, Article II, Section 9.0. subsection B; and
WHEREAS, the City and APOA have agreed to waive the Employer-Employee Relations Policy, Article II, section 9.0, subdivision B for the purposes of this side letter only.

NOW THEREFORE, the City and APOA agree as follow:

1. The following City classifications will be added to APOA as of the date of this side letter:

Police Sergeant
Item 757
Side Letter Agreement – Page 2 of 2
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2. The parties acknowledge that as a condition of returning the Police Sergeant classification to the APOA, that the Police Sergeant employees shall complete the decertification process for APSA as soon as possible, pursuant to the City’s Employer-Employee Relations Policy.

3. The City’s Employer-Employee Relations Policy Article II, section 9.0, subdivision B is waived for the purposes of this side letter only and this waiver shall not be considered precedential.

For the City:
_______________________________
Joan Phillipe, Interim City Manager
Dated: __________________
For the APOA:
_______________________________
Carlos Castaner, APOA President
Dated: __________________
Police Sergeant:
_______________________________
Joe Almeida
Police Sergeant:
_______________________________
Anthony Davis
Police Sergeant:
_______________________________
Mike Metzner
Approved as to Form:
_______________________________
Gary Bell, City Attorney
Dated: __________________
Dated: __________________
Dated: __________________
Dated:___________________
Item 758
To: Honorable Mayor and City Council Members
From: Alan Mitchell, P.E., City Engineer
Joan Phillipe, Interim City Manager
Meeting Date: January 9, 2023
Business Type: Consent Calendar
Subject: Resolution No. 2023-xx, approving a Grant Deed for an Easement to PG&E – Airport East End Hangars
The Issue
Shall the City Council Adopt Resolution No. 2023-XX, to approve a Grant Deed for an Easement to PG&E – Airport East End Hangars?
Conclusion and Recommendation
Staff recommends the City Council Adopt Resolution No. 2023-XX, to approve a Grant Deed for an Easement to PG&E – Airport East End Hangars.

Background
Vacant hangar space out at the Auburn Airport is limited. In September of 2021, the city was contacted by an individual interested in developing all remaining hangar rows at the far east end (east-end hangars), and in December of 2021 staff began to negotiate a new lease. On April 13, 2022, the City Council approved a 40-year ground lease between the City of Auburn and Auburn East Hangars Phase II Owners.

On March 28, 2022, Council authorized Amendment No. 1 with Bennett for design services related to the Airport East-End Hangar Waterline Extension project, and on July 11, 2022, the City Council authorized bid advertisement for the project. On September 12, 2022, Council approved an Agreement with KAUN East Hangar Development, LLC, for construction of the Airport East-End Hangar Waterline Project.

Discussion
The waterline project is nearly completed, and erection of the additional hangars is underway. KAUN East Hangar Development, LLC contacted PG&E for electrical service to the facilities. In order for PG&E to provide such service, they will require an easement from the city, who owns the property, to install, operate, and maintain the service. The grant deed before you, provides for the easement from the city to PG&E. The Deed was prepared by PG&E and contains a legal description and exhibit, which were reviewed by the city’s on-call land surveyor for technical accuracy.

Staff recommends Council adopt Resolution No. 2023-XX, to approve a Grant Deed for an Easement to PG&E – Airport East End Hangars.

Item 859
Environmental Determination
NA
Alternatives Available to Council; Implications of Alternatives

1. Proceed with Staff Recommendation

2. Do not proceed with Staff Recommendation
Fiscal Impact
Any cost associated with the PG&E service and/or easement will be bore by the developer of the hangars.

Attachments

1. Resolution

2. Grant Deed
Item 860
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RESOLUTION NO. 23-XX

RESOLUTION TO APPROVE A GRANT DEED FOR AN EASEMENT TO
PG&E – AIRPORT EAST END HANGARS
--------------------------------------------------------------------------------- THE CITY COUNCIL OF THE CITY OF AUBURN DOES HEREBY RESOLVE:

That the City Council of the City of Auburn does hereby to approve a Grant Deed for an Easement to PG&E – Airport East End Hangars
_____________________________
Alice Dowdin Calvillo, Mayor
ATTEST:
_____________________________
Amy Lind, City Clerk
I, Amy Lind, City Clerk of the City of Auburn, hereby certify that the foregoing resolution was duly passed at a regular meeting of the City Council of the City of Auburn held on the 9th day of January, 2023 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Amy Lind, City Clerk
Item 861
Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax

Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2113-08-10076 EASEMENT DEED
35357378
CITY OF AUBURN, a public body of the State of California, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the unincorporated area of the County of Placer, State of California, described as follows:
(APN 052-190-018)
The northeast quarter of the northwest quarter in Township 13 North, Range 8 East, MDM, and shown as the 40.16 acre parcel on the Record of Survey filed August 3, 1995 in Book 14 of Surveys at page 66, Placer County Records.

The easement area is described as follows:

The strips of land of the uniform widths of a) 30 feet, lying 15 feet on each side of the alignment of the facilities as initially installed hereunder; and b) 10 feet, lying 5 feet on each side of the alignment of the facilities as initially installed hereunder. The approximate locations of said facilities are shown upon Grantee’s Drawing marked EXHIBIT “A” attached hereto and made a part hereof; together with such anchors, guy wires and cables, guy stubs, and fixtures as Grantee deems necessary, extending outside of said strips of land installed at such locations as Grantee shall from time to time deem necessary.

Item 862
Utility Distribution Easement (02/2020)
Grantee agrees that on receiving a request in writing, it will at Grantor’s expense, survey, prepare and record a “Notice of Final Description” referring to this instrument and setting forth a description of said strips of land.

Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Grantor reserves the right to use the easement area for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; provided that Grantor shall not place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.

Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, EXHIBIT “B” attached hereto and made a part hereof.

The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code.

This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

Item 863
Utility Distribution Easement (02/2020)
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: __________________, _______.

CITY OF AUBURN
By_________________________________

Print Name and Title
By

Print Name and Title
I hereby certify that a resolution was adopted
On the day of , 20 by the

Authorizing the foregoing grant of easement.

By
Title
Item 864
Utility Distribution Easement (02/2020)
Attach to LD: 2113-08-10076
Area, Region or Location: 6
Land Service Office: Auburn
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: 21.13.08.27.41,
FERC License Number: NA
PG&E Drawing Number: 35357378
Plat No.: AV117-G04, T0901 (E), 2283F7 (G)
LD of Affected Documents: NA
LD of Cross Referenced Documents: 2113-08-2716
Type of interest: Utility Easement (86), Electric Pole Line Easements (3), Electric Underground Easements (4)
SBE Parcel: NA
% Being Quitclaimed: NA
Order or PM: 35357378
JCN: NA
County: Placer
Utility Notice Number: NA
851 Approval Application No: NA ;Decision: NA
Prepared By: GPY
Checked By: JGM
Approved By: NA
Revised by: NA
Item 865
Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/theirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Item 866
TOWER
EXHIBIT "A"
LD 2113-08-2716
Document No. 2003-0141144
Deed dated April 24, 2003
Existing PG&E Co. R/W

ALL BOUNDARIES OR LINES

ALL COURSES EXTEND TO OR ALONG

UNLESS OTHERWISE SHOWN
30' WIDE STRIP

APPROXIMATE CENTER LINE

EASEMENT AREA
10' WIDE STRIP

APPROXIMATE CENTER LINE

EASEMENT AREA
POLE

EXISTING
POLE
NEW
C
ITY
O
F AU
B
U
RN
APN 052
-190
-045
BLDG. BLDG. BLDG.

BLDG. BLDG.

BLDG.

APN 052-190-021
Book 19 PM page 50

PARCEL MAP

PARCEL A
APN 052-190-018
Book 2478 O.R. pag 416
Deed dated November 30, 1981
Book 1995 O.R. page 198
dated April 10, 1978
No. 29000
Final Judgment of Condemnation
PARCEL 1

CITY OF AUBURN

40.16 +/- AC.

MDM
T.13N. R.08E.

Section 27
NE1/4 NW1/4
APN 052-190-018
Book 14 Surveys page 66
Filed August 3, 1995

RECORD OF SURVEY

Applicant:

SECTION TOWNSHIP RANGE

PLAT MAP

REFERENCES

MERIDIAN

SCALE DATE
CITY OF:

DIVISION DRAWING NO.

PG&E
COUNTY OF:

F.B.: DR.BY: CH.BY:

AUTHORIZ
KAUN - EAST HANGAR DEVELOPMENT - NEW AIRPORT ROAD, AUBURN 1" = 100' 11/14/22

PLACER NA

NA GPY JGM
SIERRA 35357378 35357378
27 NE1/4 NW1/4 13N. 8E. MDM
AV117-G04, T0901 (E), 2283F7 (G)
LD 2113-08-2716, 14 SURVEYS 66
Item 867
Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “B”

GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work.

Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities. • The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.

By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.

Item 868
To: Honorable Mayor and City Council Members
From:

By:

Mengil A. Deane, Public Works Manager
Natalie Hampton, Public Works Administrative Analyst
Meeting Date: January 9, 2023
Business Type: Consent Calendar
Subject: 2023 Street Overlay Project – Environmental Determination and Permission to Advertise
The Issue
Shall the City Council move to find the 2023 Street Overlay Project exempt from the California Environmental Quality Act (CEQA) and authorize the Public Works Manager permission to advertise? Conclusion and Recommendation
Staff respectfully recommends that the City Council:

1. By RESOLUTION, find the 2023 Street Overlay Project categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction).

2. By MOTION, authorize the Public Works Manager to advertise for the 2023 Street Overlay Project.

Background
In 2021, the City started utilizing StreetSaver, a pavement management software program. This software program is helping the City make informed, data driven decisions when it comes to project management and planning. The program evaluates and scores City streets which allows staff to see where the most attention and money need to be placed throughout the City. Based on the information StreetSaver provides, Public Works staff created a Pavement Management & Maintenance Report that forecasted roadway maintenance and rehabilitation projects for the next 5 fiscal years. On October 10th, 2022, the City’s 5 Year Pavement Management & Maintenance Report 2022/2023 – 2026/2027 was adopted by City Council. Fiscal Year 2022/2023 is the first year of this road report which states the City’s annual overlay project will be focusing on streets and roads in Pavement Evaluation Zone 4. Overlaying the proposed streets will help the City's overall PCI (Pavement Condition Index) increase and provide safer transportation for citizens. The City’s proposed list of streets receiving overlay treatment is subject to change based on need and funding availability. The proposed list of streets are as follows:

AUBURN CITY COUNCIL

STAFF REPORT
“Endurance Capitol of the World”
Item 969
 College Way – Knoll Street to Auburn Folsom Road
 Hale Street – Orange Street to High Street
 High Street – Pleasant Avenue to Hale Street
 High Street – Hoffman Avenue to End
 Lincoln Way – 100 ft north of Maple Street to Oakwood Drive  Maple Street – I-80/Lincoln Way to 100 ft west of Lincoln Way  Orange Street – Agard Street to Linden Avenue
 Pacific Street Bike Path – Pacific Avenue to Pleasant Avenue  Shirley Street – Garfield Street to Elm Avenue
Staff is proposing that the 2023 Street Overlay Project include a 2-inch overlay for all project areas.

For all streets, the project will include over excavation in locations of poor structural section, planning of existing asphalt concrete at gutters and intersections, adjusting manholes, valve boxes, water boxes and other utility boxes to grade, pavement restriping, and traffic control. ADA curb ramp rehabilitation in areas of overlay work will also occur. On November 21, 2022, the City Council passed the Award of Contract to PBM Construction, Inc. to perform work for the City’s 2023 ADA Curb Ramp Rehabilitation Project and construction for that project will start soon.

Environmental Determination
Staff has reviewed this project and finds it categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction).

Alternatives Available to Council; Implications of Alternatives

1. Proceed with staff recommendations.

2. Do not proceed with staff recommendations.

Fiscal Impact
The preliminary engineer’s estimate for the 2023 Street Overlay Project is approximately $1,100,000.00.

These estimates include a 10% contingency.

Funding for this project was included in the City’s 22/23 Operating Budget in the following amounts:

Transportation Fund (26) = $250,000, Gas Tax (21) = $250,000, General Fund (45) = $500,000, and SB1 Roadway Accountability Act = $319,606. The total available funding for this project is approximately $1,300,000.00
Additional Information
Following the bidding of this project, staff will be returning to City Council with a proposed construction contract indicating bidding pricing and final funding amounts associated with the selected roadways.

Below is the tentative schedule Staff intends to follow to deliver the project:

Item 970

1. City Council Permission to Advertise January 9, 2023

2. Notice to Contractors January 16, 2023

3. Bid Opening February 15, 2023

4. City Council Award of Project February 27, 2023

5. City Council Award of Project February 27, 2023

6. Tentative Notice to Proceed March 1, 2023

7. Construction of Project (Approx. 60 working days) April 3, 2023

8. Project Complete (Notice of Completion) June 28, 2023 Attachments

1. Site Maps – 2023 Street Overlay Project

2. Resolution
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RESOLUTION NO. 23 -
RESOLUTION AUTHORIZING TO FIND THE 2023 STREET OVERLAY PROJECT

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
------------------------------------------------------------------------------------ THE CITY COUNCIL OF THE CITY OF AUBURN DOES HEREBY RESOLVE:

That the 2023 Street Overlay Project: Pavement Evaluation Zone 4 is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities); Section 15302 (Replacement or Reconstruction).

DATED: January 9, 2023
_________________________
Alice Dowdin Calvillo, Mayor
ATTEST:
_____________________________
Amy Lind, City Clerk
I, Amy Lind, City Clerk of the City of Auburn, hereby certify that the foregoing resolution was duly passed at a regular session meeting of the City Council of the City of Auburn held on the 9th day of January 2023 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Amy Lind, City Clerk
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Item 974
To: Honorable Mayor and City Council Members
From:

By:

Mengil A. Deane, Public Works Manager
Natalie Hampton, Public Works Administrative Analyst
Meeting Date: January 9, 2023
Business Type: Consent Calendar
Subject: 2023 CIP Sewer Improvements Project - Environmental Determination & Permission to Advertise
The Issue
Shall the City Council authorize the Public Works Manager to advertise the public bidding of the 2023 CIP Sewer Improvements Project?
Conclusion and Recommendation
Staff respectfully recommends that the City Council:

1. By RESOLUTION, find the 2023 CIP Sewer Improvements Project categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities); Section 15302 (Replacement or Reconstruction); and Section 15303 (New Construction and Conversion of Small Structures).

2. By MOTION, authorize the Public Works Manager to advertise the 2023 CIP Sewer Improvements Project.

Background
The City of Auburn Public Works Department has a program that focuses on rehabilitating its aging infrastructure. Last Fiscal Year, the City completed a similar project that has proven to be incredibly beneficial for our sewer infrastructure. This year’s project consists of another round of sewer improvement projects throughout the City’s wastewater collection system. Locations and improvement types for this project were identified through the Asset Management program and mirror areas where overlay work is set to occur. The proposed 2023 CIP Sewer Improvements Project involves rehabilitating existing manholes, lining existing sewer lines with Cured in Place Pipe liner (CIPP liner), and replacing existing Vitrified Clay Pipe (VCP) sewer lines with SDR 26 PVC. This project is intended to remediate existing problem areas within the City’s collection system and decrease the number and frequency of Sanitary Sewer Overflows (SSOs).

Item 1075
Areas Identified for Improvement
Advertisements for bids will occur in late January and early February of 2023, with construction expected to begin in March, and completion prior to the end of the 22/23 Fiscal Year.

Item 1076
Environmental Determination
Staff has reviewed this project and finds it categorically exempt form the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities); Section 15302 (Replacement of Reconstruction); and Section 15303 (New Construction and Conversion of Small Structures).

Alternatives Available to Council; Implications of Alternatives

1. Proceed with Staff Recommendation and authorize the Manager of Public Works to advertise the project.

2. Do not proceed with staff recommendation.

Fiscal Impact
The project will be funded by the Sewer Enterprise Fund. The adopted 2022/2023 Fiscal Year budget includes $500,000.00 for engineering and construction costs.

Attachments

1. Resolution
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RESOLUTION NO. 23 -
RESOLUTION AUTHORIZING PERMISSION TO FIND THE 2023 CIP SEWER

IMPROVEMENTS PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
------------------------------------------------------------------------------------ THE CITY COUNCIL OF THE CITY OF AUBURN DOES HEREBY RESOLVE:

That the 2023 CIP Sewer Improvements Project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities); Section 15302 (Replacement or Reconstruction); Section 15303 (New Construction and Conversion of Small Structures).

DATED: January 9, 2023
________________________
Alice Dowdin Calvillo, Mayor
ATTEST:
_____________________________
Amy Lind, City Clerk
I, Amy Lind, City Clerk of the City of Auburn, hereby certify that the foregoing resolution was duly passed at a regular session meeting of the City Council of the City of Auburn held on the 9th day of January, 2023 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Amy Lind, City Clerk
Item 1078
To: Honorable Mayor and City Council Members
From: Mengil A. Deane, Public Works Manager
Natalie Hampton, Public Works Administrative Analyst
Meeting Date: January 9, 2023
Business Type: Consent Calendar
Subject: Authorization to Purchase Replacement Vac-Con Truck – Sewer System Maintenance Equipment Vehicle
The Issue
Shall the City Council authorize the Public Works Manager to purchase a replacement Vac-Con truck for the maintenance of the City’s sanitary sewer collection system and lift stations? Conclusion and Recommendation
By RESOLUTION, staff respectfully recommends that City Council authorize the Public Works Manager to purchase a replacement Vac-Con truck and necessary equipment for the maintenance of the City’s sanitary collection system and lift stations.

Background
The City’s current Vac-Con truck was purchased through City Council consent in 2015. Since then, California has implemented new emissions regulations that started January 1, 2023. These new regulations have put our current Vac-Con truck’s auxiliary engine out of emissions compliance. Because of this, the City needs to purchase a Vac-Con truck that will be compliant with California’s new regulations.

City staff as well as Jacobs staff working at the Wastewater Treatment Plant demoed three Vac-Con trucks to see which would be the best option. The three manufacturers that provided demos were NixonEgli Equipment, Co., Owen Equipment, and Municipal Maintenance Equipment. After the demos, only two manufacturers followed up with purchasing quotes. The manufacturers and pricing are displayed in the below table.

Manufacturer Model Price
Nixon-Egli Equipment, Co. No Follow-Up Quote
Owen Equipment Vactor 2100i Combination Single Engine $620,185.76 Municipal Maintenance Equipment Vac-Con Model Titan Dual Engine $702,000.93 Between the two quotes we received, Owen Equipment was the least expensive. However, Municipal Maintenance Equipment’s model is much more conducive and better aligns with the City’s needs. The Vac-Con Model Titan features a design with a front hose which allows the truck to move side to side and in and out. This allows the truck as well as crews to access narrow streets and manholes that are not in By:

Item 1179
convenient locations. Crews and equipment would be able maneuver areas of the City without compromising the safety of either. This model also includes a two-engine unit which is quieter than single engine units. This will allow crews to work in neighborhoods during late hours without noise pollution. The Vac-Con Model Titan comes equipped with a water pump the City is already familiar with. The City’s mechanics have expressed the reliability of these pumps as well as the ease of maintenance. Municipal Maintenance Equipment is based out of Sacramento which will be more convenient for service than Owen Equipment which is based out of Fairfield.

Alternatives Available to Council; Implications of Alternatives

1. Authorize the Public Works Manager to purchase the replacement Vac-Con truck.

2. Do not proceed with Staff Recommendation.

Fiscal Impact
Funding for this purchase was included in the adopted Fiscal Year 22/23 Operating Budget.

Attachments

1. Resolution

2. Owen Equipment Quote

3. Municipal Maintenance Equipment Quote
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RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN

AUTHORIZING THE PURCHASE OF A REPLACEMENT VAC-CON TRUCK FOR THE MAINTENANCE OF THE CITY’S SANITARY SEWER

COLLECTION SYSTEM AND LIFT STATIONS
THE CITY COUNCIL OF THE CITY OF AUBURN DOES HEREBY RESOLVE:

That the Public Works Manager is hereby authorized to purchase a replacement Vac-Con truck for the maintenance of the City’s sanitary sewer collection system and lift stations.

DATED: January 9, 2023
________________________
Alice Dowdin Calvillo, Mayor
ATTEST:
_____________________________
Amy Lind, City Clerk
I, Amy Lind, City Clerk of the City of Auburn, hereby certify that the foregoing resolution was duly passed at a regular meeting of the City Council of the City of Auburn held on the 9th day of January, 2023 by the following vote on roll call:

Ayes:

Noes:

Absent:
_____________________________
Amy Lind, City Clerk
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Auburn City CouncilJanuary 9, 2023

Auburn City Council
January 9, 2023