Agenda packet — Hughson City Council, July 11, 2022

City Council Agenda July 11, 2022
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA. 1 AGENDA
MONDAY, JULY 11, 2022 – 6:00 P.M.

CITY OF HUGHSON

CITY COUNCIL MEETING

CITY COUNCIL CHAMBERS
7018 Pine Street, Hughson, CA
How to participate in, or observe the Meeting:
• In person in the City Council Chambers and submit public comment when invited during the meeting.
• Interactively, via WebEx Videoconference, by accessing this link:
https://cityofhughson.my.webex.com/cityofhughson.my/j.php?MTID=m1e79750a88494 64310fbda92bdb6452b
Meeting Number: 2552 913 6772 Password: KYhiAVJN732
(59442856 from phones and video systems)
• Observe only via YouTube live, by accessing this link:
https://www.youtube.com/channel/UC-PwkdIrKoMmOJDzBSodu6A?view_as=subscriber Should technology problems cause issues providing access to the meeting via WebEx and/or YouTube, the in-person meeting will proceed as scheduled. • In addition, recorded City Council meetings are posted on the City’s website the first business day following the meeting. Recorded videos can be accessed with the following link:
http://hughson.org/our-government/city-council/#council-agenda City Council Agenda July 11, 2022
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA. 2 CALL TO ORDER: Mayor George Carr
ROLL CALL: Mayor George Carr
Mayor Pro Tem Harold Hill
Councilmember Ramon Bawanan
Councilmember Samuel Rush
Councilmember Michael Buck
FLAG SALUTE: Mayor George Carr
INVOCATION: Hughson Ministerial Association

1. PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken):

Members of the audience may address the City Council on any item of interest to the public pertaining to the City and may step to the podium, state their name and city of residence for the record (requirement of name and city of residence is optional) and make their presentation. Please limit presentations to five minutes. Since the City Council cannot take action on matters not on the agenda, unless the action is authorized by Section 54954.2 of the Government Code, items of concern, which are not urgent in nature can be resolved more expeditiously by completing and submitting to the City Clerk a “Citizen Request Form” which may be obtained from the City Clerk.

2. PRESENTATIONS:

2.1: Proclaim August 2, 2022 as National Night Out.

2.2: Recognition of Ashton Gose for 5 Years of Service.

3. CONSENT CALENDAR:

All items listed on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Councilmember for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

3.1: Approve the Minutes of the Regular Meeting of June 27, 2022.

3.2: Approve the Warrants Register.

3.3: Adopt Resolution No. 2022-32, Making the Required AB 361 Findings for the use of Teleconference Meetings for the Period July 14, 2022 – August 13, 2022.

4. UNFINISHED BUSINESS: NONE.

5. PUBLIC HEARING TO CONSIDER THE FOLLOWING: NONE.

6. NEW BUSINESS:

6.1: Presentation and Discussion of Golf Carts and Low-Speed Electric Vehicles.

6.2: Adopt Resolution No. 2022-34, Approving the Master Property Tax Revenue Agreement between Stanislaus County and the City of Hughson.

7. CORRESPONDENCE: NONE.

8. COMMENTS:

8.1: Staff Reports and Comments: (Information Only – No Action) City Manager:

Deputy City Clerk:

Acting Community Development Director:

Director of Finance and Administrative Services:

Police Services:

City Attorney:

8.2: Council Comments: (Information Only – No Action)

8.3: Mayor’s Comments: (Information Only – No Action)

9. CLOSED SESSION TO DISCUSS THE FOLLOWING:

9.1: CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Mayor George Carr
Unrepresented employee: City Manager
City Council Agenda July 11, 2022
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA. 4 9.2: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One (1) case
ADJOURNMENT:

Notice Regarding Non-English Speakers:

Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Hughson City Council shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language

WAIVER WARNING
If you challenge a decision/direction of the City Council in court, you may be limited to raising only those issues you or someone else raised at a public hearing(s) described in this Agenda, or in written correspondence delivered to the City of Hughson at or prior to, the public hearing(s).

July 12  Parks, Recreation and Entertainment Commission Meeting, City Council Chambers, 6:00 PM Cancelled
July 18  Open of Candidate Nomination Period – Gubernational General Election – Tuesday, November 8, 2022, 8:00 AM
July 19  Planning Commission Meeting, City Council Chambers, 6:00 PM July 25  Economic and Development Committee Meeting, Hughson City Hall, 4:30 PM
July 25  City Council Meeting, City Council Chambers/WebEx Videoconference/YouTube Live Stream, 6:00 PM
August 2  National Night Out, City Wide Event
August 3  City/Fire 2+2 Committee Meeting, Hughson Fire Station, 5:30 PM General Information: The Hughson City Council meets in the Council Chambers on the second and fourth Mondays of each month at 6:00 p.m., unless otherwise noticed.

Council Agendas: The City Council agenda is now available for public review at the City’s website and City Clerk's Office, 7018 Pine Street, Hughson, California on the Friday, prior to the scheduled meeting. Copies and/or subscriptions can be purchased for a nominal fee through the City Clerk’s Office.

Questions: Contact the Deputy City Clerk at (209) 883-4054.

AFFIDAVIT OF POSTING
DATE: July 8, 2022 TIME: 3:00 PM
NAME: Ashton Gose TITLE: Deputy City Clerk

Proclamation
National Night Out
August 2, 2022
WHEREAS, the National Association of Town Watch (NATW) sponsors a national communitybuilding campaign on Tuesday, August 2, 2022 entitled “National Night Out”; and WHEREAS, the National Night Out campaign provides an opportunity for neighbors in your city to join over 38 million neighbors across 16 thousand communities from all 50 states, U.S. territories and military bases worldwide; and
WHEREAS, National Night Out is an annual community-building campaign that promotes strong police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, more caring places to live and work; and
WHEREAS, neighbors in your city assist the local law enforcement agency through joint community-building efforts and support National Night Out 2022; and WHEREAS, it is essential that all neighbors of your city come together with police and work together to build a safer, more caring community; and
NOW, THEREFORE BE IT PROCLAIMED that the Hughson City Council, do hereby call upon all neighbors of Hughson to join the City of Hughson, Hughson Police Services and National Association of Town Watch in support for National Night Out on Tuesday, August 2, 2022.

AND, BE IT FURTHER PROCLAIMED that the Hughson City Council, do hereby proclaim Tuesday, August 2, 2022 as “National Night Out” in the City of Hughson.

IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Seal of the City of Hughson to be affixed this 11th day of July 2022.
__________________________
GEORGE CARR, Mayor

CITY OF HUGHSON

SERVICE AWARD
5 Years
Awarded this 11th day of July 2022
George Carr, Mayor

AWARDED TO
Ashton Gose
For Your Outstanding Years of
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA.

Meeting Date: July 11, 2022
Subject: Approval of the City Council Minutes
Presented By: Ashton Gose, Deputy City Clerk
Approved By: ___________________________
City Manager
Staff Recommendation:

Approve the Minutes of the Regular Meeting of June 27, 2022.

Background and Overview:

The draft minutes of the meeting on June 27, 2022 are prepared for the Council’s review.

CITY COUNCIL AGENDA ITEM NO. 3.1
SECTION 3: CONSENT CALENDAR
City Council Minutes June 27, 2022
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA. 1 MINUTES
MONDAY, JUNE 27, 2022 – 6:00 P.M.

CALL TO ORDER: Mayor George Carr
ROLL CALL:

Present: Mayor George Carr
Mayor Pro Tem Harold Hill
Councilmember Ramon Bawanan
Councilmember Sam Rush
Councilmember Mike Buck
Staff Present: Merry Mayhew, City Manager
Ashton Gose, Deputy City Clerk
Daniel Schroeder, City Attorney
Anna Nicholas, Director of Finance and Admin Services
Carla Jauregui, Acting Community Development Director
Sarah Chavarin, Accounting Manager
Fidel Landeros, Chief of Police
Jose Vasquez, Public Works Superintendent

1. PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken):

NONE.

2. PRESENTATIONS: NONE.

3. CONSENT CALENDAR:

CITY OF HUGHSON

CITY COUNCIL MEETING

CITY COUNCIL CHAMBERS
7018 PINE STREET, HUGHSON, CA
City Council Minutes June 27, 2022
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA. 2 3.1: Approve the Minutes of the Regular Meeting of June 13, 2022.

3.2: Approve the Warrants Register.

3.4: Adopt Resolution No. 2022-22, Setting the Appropriations Limit for Fiscal Year 2022-23.

3.6: Adopt Resolution No. 2022-25, Approving the Cooperation Agreement between the County of Stanislaus and the City of Hughson for Joint Participation in the Community Development Block Grant (CDBG) Program.

3.7: A. Adopt Resolution No. 2022-26, Approving the One-Year Home Investment Partnership Consortium Agreement.

B. Adopt Resolution No. 2022-27, Approving the Three-Year Home Investment Partnership Consortium Agreement between the County of Stanislaus and the City of Hughson for Participation in the HOME Investment Partnership Program.

3.8: Approve the City of Hughson Treasurer’s Report for April 2022.

Councilmember Rush pulled Consent Calendar Items 3.3, 3.5, and 3.9 for special consideration.

CARR/HILL 5-0-0-0 motion passes to approve the consent calendar excluding items 3.3, 3.5, and 3.9, with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE AYE AYE

3.3: Adopt Resolution No. 2022-21, Approving the City of Hughson 2022 Senate Bill 1, Road Repair and Accountability Act, Local Streets and Roads Annual Reporting Program Project List.

HILL/BUCK 5-0-0-0 motion passes to adopt Resolution No. 2022-21, Approving the City of Hughson 2022 Senate Bill 1, Road Repair and Accountability Act, Local Streets and Roads Annual Reporting Program Project List, with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE AYE AYE

3.5: A. Adopt Resolution No. 2022-23, Directing the Filing of the Annual Reports for Fiscal Year 2022-23 for the Special Assessment Districts (Landscaping and Lighting Districts, Benefit Assessment Districts, and Community Facilities District) in the City of Hughson.

City Council Minutes June 27, 2022
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA. 3 HILL/BUCK 5-0-0-0 motion passes to adopt Resolution No. 2022-23, Directing the Filing of the Annual Reports for Fiscal Year 2022-23 for the Special Assessment Districts (Landscaping and Lighting Districts, Benefit Assessment Districts, and Community Facilities District) in the City of Hughson, with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE AYE AYE
B. Adopt Resolution No. 2022-24, Declaring the City Council’s Intent to Levy and Collect Assessments for Fiscal Year 2022-23 for the City of Hughson Landscaping and Lighting Districts, Benefit Assessment Districts, and Community Facilities District and to Set the Public Hearing for the July 25, 2022 City Council Meeting.

HILL/BUCK 5-0-0-0 motion passes to adopt Resolution No. 2022-24, Declaring the City Council’s Intent to Levy and Collect Assessments for Fiscal Year 2022-23 for the City of Hughson Landscaping and Lighting Districts, Benefit Assessment Districts, and Community Facilities District and to Set the Public Hearing for the July 25, 2022 City Council Meeting, with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE AYE AYE

3.9: Adopt Resolution No. 2022-28, Approving an Amendment to the Professional Services Agreement with Willdan Engineering for Contracted City Engineering Services and Authorization for the City Manager to Execute the Amendment.

HILL/BUCK 5-0-0-0 motion passes to adopt Resolution No. 2022-28, Approving an Amendment to the Professional Services Agreement with Willdan Engineering for Contracted City Engineering Services and Authorization for the City Manager to Execute the Amendment, with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE AYE AYE

4. UNFINISHED BUSINESS: NONE.

5. PUBLIC HEARING TO CONSIDER THE FOLLOWING:

5.1: Adopt Resolution No. 2022-29, a Resolution of the City of Hughson Declaring a Water Shortage Emergency.

City Attorney Schroeder presented the staff report on this item.

City Council Minutes June 27, 2022
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA. 4 Mayor Carr opened the public hearing at 6:08 PM. There was no public comment. Mayor Carr closed the public hearing at 6:09 PM.

CARR/BAWANAN 5-0-0-0 motion passes to adopt Resolution No. 2022-29, a Resolution of the City of Hughson Declaring a Water Shortage Emergency, with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE AYE AYE

6. NEW BUSINESS:

6.1: Adopt Resolution No. 2022-30, Approving the City of Hughson’s Fiscal Year 2022-23 Preliminary Budget.

Director Nicholas presented the staff report on this item.

Mayor Carr opened public comment at 6:34PM. There was no public comment. Mayor Carr closed public comment at 6:34PM.

CARR/BUCK 5-0-0-0 motion passes to adopt Resolution No. 2022-30, Approving the City of Hughson’s Fiscal Year 2022-23 Preliminary Budget, with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE AYE AYE

6.2: Adopt Resolution No. 2022-31, Approving American Rescue Plan Act Funds Spending Plan and Authorize the City Manager to Execute a Contract for a Project Coordinator.

Director Nicholas presented the staff report on this item.

Mayor Carr opened public comment at 6:46PM.

Evan Coutrakis with the Hughson Lions Club expressed the Club’s interest in finding donation opportunities.

Mayor Carr closed public comment at 6:58PM.

BUCK/BAWANAN 5-0-0-0 motion passes to adopt Resolution No. 2022-31, Approving American Rescue Plan Act Funds Spending Plan and City Council Minutes June 27, 2022
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA. 5 Authorize the City Manager to Execute a Contract for a Project Coordinator, with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE AYE AYE

7. CORRESPONDENCE: NONE.

8. COMMENTS:

8.1: Staff Reports and Comments: (Information Only – No Action) City Manager:

City Manager Mayhew provided an update regarding the Tully Road Sewer Project.

Police Services:

Chief Landeros provided the City Council with the latest Crime Statistic Report.

City Attorney:

City Attorney Schroeder announced his absence at the regular July 11, 2022 City Council meeting.

8.2: Council Comments: (Information Only – No Action)
Councilmember Bawanan announced that he will be out of town from June 28, 2022 through July 9, 2022. He thanked City staff and Hughson Police Services for their hard work.

Councilmember Buck attended a League of California Cities Central Valley Quarterly Meeting on June 16, 2022. He attended a Hughson Economic Development Committee meeting on June 27, 2022. He thanked City staff and Hughson Police Services for their hard work. He also announced that he would not be running for re-election in 2022.

Mayor Pro Tem Hill attended a Hughson Economic Development Committee meeting on June 27, 2022.

8.3: Mayor’s Comments: (Information Only – No Action)
Mayor Carr attended a Stanislaus Council of Governments meeting in June. He urged residents to avoid accidents by not using illegal fireworks.

9. CLOSED SESSION TO DISCUSS THE FOLLOWING: NONE.

ADJOURNMENT:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE AYE AYE
APPROVED:
____________________________
GEORGE CARR, Mayor
ATTEST:
_____________________________
ASHTON GOSE, Deputy City Clerk
Meeting Date: July 11, 2022
Subject: Approval of Warrants Register
Enclosure: Warrants Register
Presented By: Anna Nicholas, Director of Finance
Approved By: _________________________
City Manager
Staff Recommendation:

Approve the Warrants Register as presented.

Background and Overview:

The warrants register presented to the City Council is a listing of all expenditures paid from June 22, 2022, through July 8, 2022.

Fiscal Impact:

There are reductions in various funds for payment of expenses.

CITY COUNCIL AGENDA ITEM NO. 3.2
SECTION 3: CONSENT CALENDAR
7/8/2022 10:48:13 AM Page 1 of 4
Check Report
Hughson By Check Number
Date Range: 06/22/2022 - 07/08/2022
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: Payable Bank-Payable Bank
01080 SUBWAY 06/23/2022 Regular 0.00 232.97 55421
INV0007336 Invoice 06/23/2022 Quarterly Staff Meeting 0.00 232.97 **Void** 06/28/2022 Regular 0.00 0.00 55422
**Void** 06/28/2022 Regular 0.00 0.00 55423
**Void** 06/28/2022 Regular 0.00 0.00 55424
**Void** 06/28/2022 Regular 0.00 0.00 55425
**Void** 06/28/2022 Regular 0.00 0.00 55426
**Void** 06/28/2022 Regular 0.00 0.00 55427
**Void** 06/28/2022 Regular 0.00 0.00 55428
**Void** 06/28/2022 Regular 0.00 0.00 55429
**Void** 06/28/2022 Regular 0.00 0.00 55430
**Void** 06/28/2022 Regular 0.00 0.00 55431
**Void** 06/28/2022 Regular 0.00 0.00 55432
**Void** 06/28/2022 Regular 0.00 0.00 55433
**Void** 06/28/2022 Regular 0.00 0.00 55434
**Void** 06/28/2022 Regular 0.00 0.00 55435
**Void** 06/28/2022 Regular 0.00 0.00 55436
**Void** 06/28/2022 Regular 0.00 0.00 55437
**Void** 06/28/2022 Regular 0.00 0.00 55438
**Void** 06/28/2022 Regular 0.00 0.00 55439
**Void** 06/28/2022 Regular 0.00 0.00 55440
**Void** 06/28/2022 Regular 0.00 0.00 55441
**Void** 06/28/2022 Regular 0.00 0.00 55442
**Void** 06/28/2022 Regular 0.00 0.00 55443
**Void** 06/28/2022 Regular 0.00 0.00 55444
**Void** 06/28/2022 Regular 0.00 0.00 55445
**Void** 06/28/2022 Regular 0.00 0.00 55446
**Void** 06/28/2022 Regular 0.00 0.00 55447
**Void** 06/28/2022 Regular 0.00 0.00 55448
**Void** 06/28/2022 Regular 0.00 0.00 55449
00016 ABS PRESORT 06/29/2022 Regular 0.00 2,291.87 55450 95044 Invoice 06/14/2022 BILL PRINTING- June 0.00 2,291.87 01597 Anna Nicholas 06/29/2022 Regular 0.00 42.01 55451 000599 Invoice 06/07/2022 Reimbursement for City-Logo on shirts 0.00 42.01 00094 AT&T MOBILITY 06/29/2022 Regular 0.00 507.96 55452 287303621604X0… Invoice 06/02/2022 PHONES 0.00 507.96
00237 CARR, GEORGE 06/29/2022 Regular 0.00 2,860.21 55453 INV0007340 Invoice 06/23/2022 Mayor's Conference - Carr 0.00 2,860.21 00284 CHARTER COMMUNICATION 06/29/2022 Regular 0.00 92.89 55454 0054047061022 Invoice 06/10/2022 IP ADDRESS- 1ST 0.00 92.89 00325 Cogdill & Associates, Inc 06/29/2022 Regular 0.00 2,500.00 55455 6944-JAC Invoice 06/22/2022 Appraisal Services Rendered 0.00 2,500.00 01570 CSG Consultants 06/29/2022 Regular 0.00 6,343.30 55456 44424 Invoice 06/10/2022 Contract Services Planning/Building 0.00 4,905.00 B220737 Invoice 05/02/2022 Contract Services Planning/Building 0.00 1,265.80 F220291 Invoice 05/02/2022 Contract Services Planning/Building 0.00 172.50 01448 David Martinez 06/29/2022 Regular 0.00 100.00 55457 Check Report Date Range: 06/22/2022 - 07/08/2022
7/8/2022 10:48:13 AM Page 2 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0007354 Invoice 06/18/2022 Starn Park Rental Refund Martinez 0.00 100.00 01753 David Penny 06/29/2022 Regular 0.00 1,374.03 55458 INV0007362 Invoice 06/14/2022 Hydrant Water Meter Deposit Penny 0.00 1,374.03 01539 Gateway Pacific Contractors, Inc. 06/29/2022 Regular 0.00 379,430.00 55459 INV0007358 Invoice 05/31/2022 Well #7 Replacement Phase IV Payment 12 0.00 379,430.00 01539 Gateway Pacific Contractors, Inc. 06/29/2022 Regular 0.00 6,975.00 55460 INV0007359 Invoice 05/31/2022 Well #7 Replacement Phase IV Payment 12 0.00 6,975.00 00528 GILTON SOLID WASTE MANAGE 06/29/2022 Regular 0.00 67,340.40 55461 INV0007363 Invoice 05/01/2022 GARBAGE SERVICE- May 0.00 67,340.40 01246 HUGHSON OILERS 06/29/2022 Regular 0.00 100.00 55462 INV0007335 Invoice 06/15/2022 Starn Park Rental Deposit Hughson Oilers 0.00 100.00 01583 Hunt & Sons, Inc. 06/29/2022 Regular 0.00 7,102.94 55463 358312 Invoice 04/06/2022 Fuel - April 6 2022 0.00 2,826.98 406321 Invoice 06/02/2022 Fuel - WTP 06-02-22 0.00 1,177.87 406333 Invoice 06/02/2022 Fuel - CorpYard 06-02-22 0.00 1,248.37 436510 Invoice 06/16/2022 Fuel - Corp Yard 06-16-22 0.00 1,721.62 INV0007348 Invoice 01/31/2022 Fuel - Jan Fianance Charges 0.00 20.79 INV0007349 Invoice 02/01/2022 Fuel - Feb Finance Charges 0.00 56.42 INV0007350 Invoice 05/01/2022 Fuel - May Finance Charge 0.00 50.89 01749 Lorraine Martinez 06/29/2022 Regular 0.00 500.00 55464 INV0007333 Invoice 06/11/2022 Senior Center Rental Deposit Martinez 0.00 500.00 01748 Martin Marietta Materials, Inc 06/29/2022 Regular 0.00 301.58 55465 35687573 Invoice 06/03/2022 Cold Mix Asphalt 0.00 301.58 00611 Mid Valley Publications 06/29/2022 Regular 0.00 349.65 55466 338984 Invoice 06/22/2022 Trichloropropane Tier 2 MCL Notice 0.00 349.65 01750 Monica Lopez 06/29/2022 Regular 0.00 100.00 55467 INV0007334 Invoice 06/12/2022 Starn Park Rental Deposit Lopez 0.00 100.00 00822 NESTLE WATERS 06/29/2022 Regular 0.00 140.90 55468 02F6703905050 Invoice 05/19/2022 Waters Blanket PO 0.00 140.90 00824 NEUMILLER & BEARDSLEE 06/29/2022 Regular 0.00 4,750.92 55469 328365 Invoice 06/17/2022 LEGAL SERVICES 0.00 1,600.00
328861 Invoice 06/17/2022 LEGAL SERVICES 0.00 3,150.92
01643 Patricia Ortiz 06/29/2022 Regular 0.00 100.00 55470 INV0007355 Invoice 06/18/2022 Starn Park Rental Deposit Ortiz 0.00 100.00 00901 PREFERRED ALLIANCE, INC. 06/29/2022 Regular 0.00 104.49 55471 0174920-IN Invoice 05/31/2022 OFF-SITE PARTICIPANT 0.00 104.49 00906 PROVOST & PRITCHARD CONSU 06/29/2022 Regular 0.00 23,514.90 55472 92769 Invoice 05/01/2022 FEASIBILITY STUDY 0.00 23,514.90 01272 SARAH CHAVARIN 06/29/2022 Regular 0.00 58.81 55473 INV0007357 Invoice 06/22/2022 Quartlery Meeting - Finance 0.00 58.81 01455 State Controller Departmental Accounting Office 06/29/2022 Regular 0.00 26.97 55474 FTB-00004825 Invoice 06/10/2022 State Controller's 2021 Offsets Program 0.00 8.99 FTB-00004836 Invoice 06/10/2022 State Controller's 2021 Offsets Program 0.00 17.98 01149 TURLOCK IRRIGATION DIST. 06/29/2022 Regular 0.00 33,379.90 55475 INV0007347 Invoice 06/01/2022 ELECTRIC 0.00 33,379.90
01751 Vanessa Barajas 06/29/2022 Regular 0.00 500.00 55476 Check Report Date Range: 06/22/2022 - 07/08/2022
7/8/2022 10:48:13 AM Page 3 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0007356 Invoice 06/18/2022 Senior Center Rental Deposit Barajas 0.00 500.00 01206 WARDEN'S OFFICE 06/29/2022 Regular 0.00 30.43 55477 2079642-0 Invoice 06/15/2022 Office Supplies 0.00 8.26
2079642-1 Invoice 06/20/2022 MISC OFFICE SUPPLIES 0.00 10.95 2079920-0 Invoice 06/21/2022 MISC OFFICE SUPPLIES 0.00 11.22 01420 CALIFORNIA STATE DISBURSEMENT UNIT 06/30/2022 Regular 0.00 224.12 55478 INV0007374 Invoice 06/30/2022 INCOME WITHHOLDING FOR CHILD SUPPORT 0.00 224.12 01420 CALIFORNIA STATE DISBURSEMENT UNIT 07/07/2022 Regular 0.00 2,436.25 55486 INV0007438 Invoice 07/08/2022 INCOME WITHHOLDING FOR CHILD SUPPORT 0.00 2,436.25 00884 PITNEY BOWES 07/07/2022 Regular 0.00 500.00 55487 INV0007361 Invoice 06/01/2022 POSTAGE 0.00 500.00
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Payable Bank Summary
Bank Drafts
EFT's
32 0
28 0
0 0.00

0.00 0.00

0.00 0.00
60 0.00
Payment
544,312.50

0.00 0.00

0.00 0.00
544,312.50
Payable
Count
44 0
0 0
0 44
Check Report Date Range: 06/22/2022 - 07/08/2022
7/8/2022 10:48:13 AM Page 4 of 4
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
32 0
28 0
0 0.00

0.00 0.00

0.00 0.00
60 0.00
544,312.50

0.00 0.00

0.00 0.00
544,312.50
44 0
0 0
0 44
Fund Name Period Amount
Fund Summary
999 POOLED CASH/CONSOLIDATED CASH 6/2022 541,376.25
999 POOLED CASH/CONSOLIDATED CASH 7/2022 2,936.25
544,312.50
7/8/2022 10:50:02 AM Page 1 of 1
Refund Check Register
Hughson Refund Check Detail
UBPKT02508 - Refunds 01 UBPKT02505 Regular
Account Name Date Check # Amount Code Receipt Amount Type 10-0210-003 FARIA, JAMIE 7/6/2022 55479 64.80 64.80 Deposit 11-2100-001 COX, GREG & CHRIS 7/6/2022 55480 31.47 31.47 Deposit 12-1160-004 Taylor Babbitt 7/6/2022 55481 162.90 162.90 Deposit 13-2610-002 Mulgrew, Andrew 7/6/2022 55482 144.08 144.08 Generated From Billing 15-2270-005 Peterson, Judy Slocum 7/6/2022 55483 17.58 17.58 Deposit 15-3950-003 PARKER, ANTHONY J 7/6/2022 55484 59.55 59.55 Generated From Billing 17-0280-000 Parker, Trisa 7/6/2022 55485 149.16 149.16 Deposit Total Refunds: 7 Total Refunded Amount: 629.54
Revenue Code Summary
Revenue Code Amount
996 - UNAPPLIED CREDITS 629.54
Revenue Total: 629.54
General Ledger Distribution
Account Number Account Name Posting Amount IFT
Posting Date: 07/01/2022
Fund: 510 - WATER/SEWER DEPOSIT
510-10001 CLAIM ON CASH-WATER/SEWER DEPOSIT -629.54 Yes 510-11040 CUSTOMER CREDITS 629.54
510 Total: 0.00
Fund: 999 - POOLED CASH/CONSOLIDATED CASH
999-10010 CASH IN BANK-MONEY MARKET -629.54
999-20000 DUE TO OTHER FUNDS (POOLED CASH) 629.54 Yes
999 Total: 0.00
Distribution Total: 0.00
Meeting Date: July 11, 2022
Subject: Approval to Adopt Resolution No. 2022-32, Making the Required AB 361 Findings for the use of Teleconference
Meetings for the Period July 14, 2022 – August 13, 2022 Presented By: Daniel J. Schroeder, City Attorney
Approved By: ___________________________
City Manager
Staff Recommendation:

Adopt Resolution No. 2022-32, making the required AB 361 findings for the use of teleconference meetings for the period July 14, 2022 – August 13, 2022.

Background:

On March 4, 2020, Governor Gavin Newson issued a Proclamation of a State of Emergency in response to the outbreak of COVID-19, which remains in effect.

Throughout the State of Emergency, the Governor issued a series of Executive Orders to reduce the spread of COVID-19.

On March 12, 2020, the Governor issued Executive Order N-25-20 waiving certain requirements of the Ralph M. Brown Act (Brown Act) making it easier for local agencies to hold public meetings via teleconference. On March 17, 2020, the Governor issued Executive Order N-29-20 which superseded a portion of Executive Order N-25-20 and identified the ability of local agencies to continue with teleconferenced meetings provided certain requirements for public participation were met. On June 11, 2021, the Governor issued Executive Order N-08-21 which continued the waiver of the teleconference provisions in the Brown Act through September 30, 2021.

With the expiration of the Executive Orders, the Legislature introduced Assembly Bill 361 (AB 361), which allows the continued use of teleconferencing if specific requirements are met. On September 16, 2021, the Governor signed AB 361 into law. AB 361 amends section 54953 of the Brown Act and allows a local agency to use teleconferencing without complying with certain provisions of the Brown Act under certain circumstances and if certain findings are made.

CITY COUNCIL AGENDA ITEM NO. 3.3
SECTION 3: CONSENT CALENDAR
Discussion:

AB 361 amends Section 54953 of the Government Code to allow a legislative body of a local agency to meet remotely without complying with the teleconference requirements imposed by the Brown Act such as agenda posting at teleconference locations, physical location access by the public, or establishing a quorum within the boundaries of the agency. The agency may do so if one of three scenarios exists, all of which requires the Governor has proclaimed a State of Emergency pursuant to Government Code section 8625:
(A) State or local officials have imposed or recommended measures to promote social distancing;
(B) The legislative body is holding a 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;
(C) The legislative body is holding a meeting and has determined, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

Any boards and committees that are required to comply with the Brown Act that holds a meeting under any of the scenarios identified above must continue to post an agenda within the time periods required by the Brown Act and ensure the public is able to address the board or committee directly through teleconference means. If a technological disruption prevents the board or committee from broadcasting the meeting or receiving public comments in real time, the board or committee cannot take further action until the technological function is restored.

If the proclaimed State of Emergency remains in effect, and if Hughson City Council wishes to continue meeting under the modified rules, then the Council must adopt a resolution containing the following findings: (1) the State of Emergency continues to directly impact the ability of the members to meet safely in person; or (2) state or local officials continue to impose or recommend measures to promote social distancing. The Council must reconsider and reconfirm the findings no later than every thirty (30) days.

If consecutive regular meetings fall outside the 30-day window, the Council should hold a special meeting to re-authorize the AB 361 findings. If the Council does not adopt a resolution making the findings required under AB 361, or if the authorization lapses, it will be required to comply with the traditional teleconference rules contained in the Brown Act for future meetings or until the Council utilizes AB 361 at a future date. In that scenario, the Council will be required to post an agenda at each teleconference location, teleconference locations will need to be identified on the agenda and accessible to the public, and a quorum of the Council will need to be established within the boundaries of the agency.

AB 361 allows the Council to hold its first meeting using AB 361 without previously adopting the AB 361 teleconference procedures as long as the Council makes the finding required by AB 361 within 30 days of that meeting. Adopting Resolution No. 2022-18 will make those findings now and allow the Council to continue to hold its meetings remotely effective immediately through August 13, 2022.

Fiscal Impact:

There is no direct fiscal impact in making the required AB 361 findings. 1 1584846-1

CITY OF HUGHSON

CITY COUNCIL
RESOLUTION NO. 2022-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON DETERMINING

TO CONDUCT MEETINGS USING TELECONFERENCING PURSUANT TO
GOVERNMENT CODE 54953 AS AMENDED BY AB 361 FOR THE PERIOD JULY 14, 2022 TO AUGUST 13, 2022.

WHEREAS, the City of Hughson (“City”) is committed to preserving and nurturing public access and participation in its meetings; and
WHEREAS, all meetings of the City legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), as amended by AB 361 (2021), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on March 4, 2020, the Governor proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS, Cal-OSHA adopted emergency regulations (Section 3205) imposing requirements on California employers, including measures to promote social distancing; and
WHEREAS, the California Department of Public Health and the Centers for Disease Control and Prevention (CDC), recommend that all individuals, regardless of vaccination status, wear face coverings in indoor public settings when in close contact with other individuals; and
WHEREAS, currently the dominant strain of COVID-19 in the country is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations, therefore, meeting in person would present imminent risks to the health or safety of attendees.
2 1584846-1
WHEREAS, the City Council desires to allow its members, staff and the public the ability to attend and participate in Council Meetings via remote means; and WHEREAS, on January 24, 2022, the City held its regular meeting remotely by teleconference/video conference for the first time in accordance with Government Code Section 54953(e) and hereby desires to adopt this resolution in order to continue to use remote teleconference/videoconference for the 30 days thereafter.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson resolves as follows:

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

Section 2. Finding of Imminent Risk to Health or Safety of Attendees. The City Council does hereby find that the current dominant strain of COVID-19 in the country is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations has caused, and will continue to cause, conditions of peril to the safety of persons, thereby presenting an imminent risk to health and/or safety to City employees and other representatives, and attendees of City public meetings; and
Section 3. Teleconference Meetings. The City Council do hereby determine as a result of the State of Emergency proclaimed by the Governor, and the recommended measures to promote social distancing made by State and local officials that the City may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e)(1)(A) and (B) of section 54953, and shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and Section 4. Direction to Staff. The City Manager and City staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 5. Effective Date of Resolution. This Resolution shall take effect immediately and cover the period through August 13, 2022.

PASSED AND ADOPTED by the Hughson City Council at a regular meeting thereof, held on July 11, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
3 1584846-1
APPROVED:
__________________________
GEORGE CARR, Mayor
ATTEST:
_____________________________
ASHTON GOSE, Deputy City Clerk
Meeting Date: July 11, 2022
Subject: Adopt Resolution No. 2022-33, Approving the
Professional Services Agreement with Condor Earth
Technologies, Inc., for MS4 Trash Provision Requirement Support
Enclosure: Professional Services Agreement
Presented By: Jose Vasquez, Public Works Superintendent Approved By: ____________________________
City Manager
Staff Recommendations:

1. Adopt Resolution No. 2022-33, approving the Professional Services Agreement with Condor Earth Technologies, Inc., for MS4 Trash Provision Requirement Support.

2. Authorize the City Manager to execute the Professional Services Agreement with Condor Earth Technologies, Inc. inclusive of any final edits by the City Attorney.

Background and Overview:

Condor Earth Technologies, Inc. (Condor) has been working with the City of Hughson since 2005. Condor started working for the City under a professional services agreement as the groundwater consultant to ensure that the City was meeting its reporting requirements to receive funding from the state for the Waste Water Treatment Plant Expansion Project.

The City’s relationship with Condor has evolved over time as requirements for reporting wastewater and stormwater have continued to change over the last decade and a half. In 2013 the State Water Board initiated Phase II of the stormwater permit requirement for the regulation of stormwater discharges from municipal separate sewer systems (MS4s). Phase II impacted small cities like Hughson by requiring annual reporting for the first time for cities with less than 100,000 people. As such, the City asked Condor to expand their services with the City and provide support for ongoing compliance with the City’s MS4 permit (WDID No. 5S50M2000117). Condor CITY COUNCIL AGENDA ITEM NO. 3.4
SECTION 3: CONSENT CALENDAR
has been providing the necessary assistance related to the City’s MS4 permit since April 2013.

Discussion:

This Agreement is a one-time cost for the fiscal periods 2022-2024. Condor will provide consulting services and regulatory guidance to support the City’s efforts to maintain compliance with the City’s Phase II MS4 Permit requirements. Specifically, the work detailed in this agreement is to provide trash provisions implementation support to the City.

On April 7, 2015, the State Water Resources Control Board (State Water Board) adopted statewide Trash Provisions1 (Trash Amendments). The Trash Amendments do the following: (1) establish a narrative water quality objective for trash, (2) corresponding applicability, (3) establish a prohibition on the discharge of trash, (4) provide implementation requirements for permitted stormwater and other discharges, (5) set a time schedule for compliance, and (6) provide a framework for monitoring and reporting requirements.

The Trash Amendments apply to all Phase I and II permittees under the National Pollution Discharge Elimination System (NPDES) municipal separate stormwater systems (MS4) permits; the City is a Phase II Traditional MS4 permittee under the State Water Board Small MS4 General Permit (Order NO. 2013-0001-DWQ).

On June 1, 2017, the State Water Board issued a Water Code Section 13383 Order2 (Order) requiring Phase II Traditional MS4 permittees to determine and report their selection of either Track 1 (Full Capture System [FCS] Installation) or Track 2 (FCS Equivalency). In compliance with the Order, the City reported its selection of the Track 13 compliance method and submitted the required preliminary and updated jurisdictional maps.

There are two specific tasks associated with this agreement:

Task 1 includes Condor conducting on-land visual trash assessments (OVTA).

Condor will conduct a survey and evaluate the options for the proposed Full Capture System (FCS) installations.

Task 2 includes the evaluation of a previously elected Track 1 FCS implementation option and Track 2 an equivalent to FCS implementation that may be more appropriate for a city the size of Hughson.

Fiscal Impact:

The total cost of the two tasks is estimated to be $58,675. This is a one-time cost for the period of fiscal years 2022-24. This Agreement will be funded through the Stormwater Impact Fund (450). An adjustment will be made in the Fiscal Year 2022- 23 Budget to Fund 450 for this expense. Any unused appropriations will be budgeted in Fiscal Year 2023-24 for the completion of this project.

CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2022-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON APPROVING

THE PROFESSIONAL SERVICES AGREEMENT WITH CONDOR EARTH
TECHNOLOGIES, INC. FOR SUPPORTIVE SERVICES FOR THE CITY’S MS4 PERMIT
WHEREAS, the City requires support and assistance complying with the State Water Board’s Phase II Small Municipal Separate Stormwater System (MS4 Permit); and WHEREAS, the City has used the services of Condor Earth Technologies, Inc. (Condor) for the last fifteen years; and
WHEREAS, Condor has an extensive history with the City and its stormwater management practices and the City wishes to continue using its services; and WHEREAS, the scope of services will include the preparation and submittal of all necessary reporting requirements to be in compliance with the State Water Resources Control Board Trash Provisions, not to exceed $58,675 during Fiscal Years 2022-24.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby approve the Professional Services Agreement with Condor Earth Technologies, Inc. for stormwater trash provisions support and authorize the City Manager or his/her designee to sign the agreement.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 11th day of July 2022 by the following roll call vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
______________________
GEORGE CARR, Mayor
ATTEST:
_____________________________
ASHTON GOSE, Deputy City Clerk

Meeting Date: July 11, 2022
Subject: Presentation and Discussion of Golf Carts and LowSpeed Electric Vehicles Enclosure: Map of Hughson with Speed Limits Above 25 mph Presented By: Fidel Landeros, Chief of Police
Approved By: _______________________
City Manager
Background:

On June 13th at a regularly scheduled City Council meeting, a Hughson resident spoke during the public comment period regarding golf cart use in the Hughson community and his concern that the City is considering banning golf carts. The resident requested that the City Council consider making the City of Hughson a golf cart community and allow golf carts on the streets in Hughson.

After significant research and review of the California Vehicle Codes that govern golf carts and low-speed vehicles (LSV), the following is presented to the Council for discussion.

Discussion:

The California Vehicle Code (CVC) defines golf carts, and low-speed vehicles (LSV) and regulates the use of these vehicles on public streets. In addition, there are a variety of other vehicles that are defined and regulated in the CVC, such as allterrain vehicles (ATV) and utility terrain (or task) vehicles (UTV).

For purposes of this discussion, golf carts and LSVs will be discussed; however, ATVs and UTVs also have specific definitions and must meet any requirements in the CVC to be street legal on public roads.

Golf Carts
The CVC §345 defines a golf cart as:
• a motor vehicle having not less than three wheels in contact with the ground; and
• having an unladen weight less than 1,300 pounds; and
• designed to be and is operated at not more than 15 miles per hour; and CITY COUNCIL AGENDA ITEM NO. 6.1
SECTION 6: NEW BUSINESS
• designed to carry golf equipment and not more than two persons, including the driver.

Golf carts may be operated on streets with speed limits of 25 miles per hour (mph) or less, by a licensed driver, if they are
(a) registered with the California Department of Motor Vehicles (DMV), and (b) properly equipped under the same equipment requirements as motorcycles, and
(c) have an appropriate license plate displayed.

If a golf cart has been modified to go faster than 15 mph or to seat more than two persons, the vehicle is considered a regular motor vehicle and must comply with federal safety standards for passenger vehicles. Federal safety standards include a comprehensive set of regulations on vehicle design, construction, and performance, and include additional vehicle equipment such as airbags, appropriate labels, and a 17-digit Vehicle Identification Number (VIN).

Low-Speed Vehicle
The CVC §385.5 defines an LSV, also known as a Neighborhood Electric Vehicle (NEV) as:
• has four wheels; and
• can attain a speed, in one mile of more than 20 mph and not more than 25 mph, on a paved level surface; and
• has a gross vehicle weight rating of less than 3,000 pounds.

LSVs may be operated on streets with speed limits of 35 mph or less, by a licensed driver, if they
(a) are registered with the California Department of Motor Vehicles (DMV), and
(b) are properly equipped with headlamps, front and rear turn signal lamps, taillamps, stop lamps, reflex reflectors, side mirrors, a parking brake, a windshield with approved glazing materials, a VIN, and Type 1 or Type 2 seat belt assemblies installed at each designated seating position, and (c) have an appropriate license plate displayed.

If an LSV has been modified to go faster than 25 mph it no longer qualifies for relaxed Federal Motor Vehicle Safety Standards applicable to LSVs. Such modified vehicles must meet the same Federal safety standards for passenger vehicles, defined above under modified golf carts.

Other Considerations
Residents in Hughson enjoy the use of golf carts and LSVs around neighborhoods to visit with neighbors, as well as driving to sports fields in Hughson. Using these vehicles saves money on fuel and is environmentally friendly by not producing emissions, provides for lower speeds on residential streets, and these electric vehicles are lighter in weight than standard vehicles, decreasing wear on streets.

While there are many positive reasons to use golf carts and LSVs, Hughson Police Services has received calls from residents concerned for residents’ and children’s safety due to the use of golf carts, LSVs, and other vehicles that are normally considered to be off-highway vehicles, being driven on public streets and sidewalks in Hughson. Concerns range from unlicensed and underage drivers, vehicles being driven on the sidewalks, and drivers with no regard for the rules of the road, for example, driving on the wrong side of the road, not having or using proper safety equipment.

These concerns brought about a discussion regarding the use of these vehicles and the education that is needed for legal use on the public streets in Hughson.

In summary, golf carts and LSVs that are registered through DMV for the purpose of driving on a public street are legal on streets with speed limits of 25 mph and 35 mph respectively. Cities can ban golf carts and LSVs in certain areas due to traffic, safety, or other issue or concern that warrants the ban in those areas. At this time there does not appear to be any areas in the City that are of particular concern.

Golf Cart Communities
Cities that are commonly considered “golf cart communities” are those that have either adopted a Golf Cart Transportation Plan, pursuant to California Streets and Highways Code Section 1950, et seq or are golf cart friendly, meaning allows street legal vehicles.

The California Streets and Highways Code authorizes cities to establish a Golf Cart Transportation Plan (GCTP) for a plan area in the city. However, in a GCTP the definition of a golf cart remains the same as previously stated:
• a motor vehicle having not less than three wheels in contact with the ground; and
• having an unladen weight less than 1,300 pounds; and
• designed to be and is operated at not more than 15 miles per hour; and • designed to carry golf equipment and not more than two persons, including the driver.

The requirements of a GCTP are intensive including, but not limited to, • route selection that includes a finding that the route will accommodate golf carts without an adverse impact upon traffic safety;
• modal integration assesses the opportunities for coordination with other modes of transportation in reaching a destination in the plan area; • provisions for golf cart parking facilities including commercial centers, public areas, parks and other destination locations;
• minimum general design criteria for golf cart operations, such as relevant design considerations and requirements for golf cart lanes, routes, signs, crossings, markers, and parking, as well as pedestrian and bicycle safety issues; and
• minimum design and safety criteria for golf carts, such as reviewing safety, permitting, and equipment requirements applicable to golf carts on public streets. and
• entail extensive permitting.

A golf cart transportation plan would allow the City to acquire, by dedication, purchase, or condemnation, real property, including easements or rights-of-way, to establish the required golf cart lanes.

Several GCTPs were reviewed in preparation for this meeting. Fehr & Peers Transportation Consultants put together The Twelve Bridges Golf Cart Plan for the City of Lincoln. Included in the GCTP was information regarding cities they had researched that were active communities that allowed golf carts on their 25 mph roads. For purposes of this report, examples include only California cities. Cities outside of California were excluded due to differing state laws; however, reviewing those cities showed that golf carts were allowed within a golf community or specifically within retirement communities.

The City of Avalon (Catalina Island) allows golf carts, that comply with the CVC and the Streets and Highway Code, on all streets within the downtown area of Avalon posted with a 25 mph limit. There are no special designated lanes for golf carts, and they share the road with bicycles, pedestrians and vehicles. Accidents and safety were reported to not be a problem.

The City of Palm Desert established a GCTP and within the city, golf carts are allowed to share the road with bicycles, pedestrians, and vehicles on streets with 25 mph speed limits, use a designated striped golf cart lane on streets posted 35 miles per hour or greater, and in some cases share sidewalks that are wide enough to accommodate bicycles and pedestrians. Accidents and safety were reported to not be a problem.

Summary
Currently in the City of Hughson, golf carts driven by a licensed driver, that are street legal, registered through CA DMV and display a license plate are currently allowed on public streets with a speed limit of 25 mph.

LSVs driven by a licensed driver, registered through CA DMV and that display a license plate are currently allowed on public streets with a speed limit of 35 mph.

All rules of the road that pertain to automobiles also pertain to golf carts and LSVs including the prohibition of alcohol beverages and younger children must use appropriate car seats. Proof of registration and insurance must be carried at all times.

Attached is a map of Hughson. Streets in green have 30 or 35 mph speed limits, streets in blue have a speed limit of 25 mph and all of the remaining residential streets bordered by Hatch Road, Santa Fe, Whitmore, Euclid and 7th Street are 25 mph. Streets in red color have speed limits set above 35 mph, these include: Hatch Road and Santa Fe.

Should the Council determine that a GCTP is necessary, in order to construct special golf cart lanes, staff will review the requirements and contact consultants to determine the estimated cost. This information would be brought back to Council at a later date.

Police Services will continue to be responsive to the Hughson community in their delivery of quality services and through a community partnership that promotes safe, secure neighborhoods by educating residents on the requirements set forth in the California Vehicle Code regulations should they desire to drive golf carts and LSVs on public streets.

Fiscal Impact:

There is no fiscal impact for the City Council to consider the information in this staff report.

Should the City Council wish to move forward with a Golf Cart Transportation Plan, staff would work with consultants to come up with an estimated cost and provide this information to Council at a future meeting date.

City Council
City of Hughson
est. November 28, 1972
Golf Carts
CVC §345
A motor vehicle, not less than 3 wheels, with
unladen weight less than 1,300 pounds, and
Designed to be operated at not more than
15 mph on a 25 mph street and
Designed to carry golf equipment and no
more than 2 persons, including the driver.

Golf Carts may be operated on streets with speed limits of 25 mph or less, if they are:
• registered with California Dept of Motor Vehicles;
• properly equipped under the same equipment
requirements as motorcycles(§24001.5). Examples of
such equipment include:
• at least one headlight, tail lamp, and stop lamp
• a rearview mirror, front and side reflectors, and
fenders
• a horn, safety-glazed windshield and windshield
wipers
• have an appropriate license plate displayed;
• Driver must be a licensed driver.
• modified to go faster than 15 mph or
• to seat more than 2 persons including the
driver
• it must meet the same Federal safety
standards as a regular passenger vehicle.

This includes a comprehensive set of
regulations:
• vehicle design,
• construction and performance, and
• includes additional vehicle equipment,
such as airbags, appropriate labels, and
a 17-digit Vehicle Identification Number
(VIN).

Modified Golf Carts
Low-Speed Vehicle (LSV)
CVC §385.5
A motor vehicle with 4 wheels, and
Can attain a speed, between 20 mph and 25 mph on
a road with a speed limit of not more than 35 mph,
and
Has a gross vehicle weight rating of less than 3,000
pounds.

Low-Speed Vehicles (also called Neighborhood
Electric Vehicles) may be operated on streets with
speed limits of 35 mph or less, if they are:
• Registered with California Dept of Motor
Vehicles.
• Properly equipped with:
• headlamps, stop lamps, and reflectors
• side mirrors and a windshield with approved
glazing materials
• Type 1 or Type 2 seat belts for each seat
• have a VIN and a license plate displayed
• Driver must be a licensed driver.

If an LSV has been modified to go faster
than 25 mph, it must meet the same
Federal safety standards as regular
passenger vehicles and modified golf
carts.

Modified Low-speed Vehicles
Pros of Golf Carts and LEVs
• Hughson residents enjoy the use of golf carts and LEVs around neighborhoods and driving to sports fields.
• Using golf carts and LEVs saves money on fuels.
• Golf carts and LEVs are environmentally friendly by not producing emissions. • Golf carts and LEVs provide for lower speeds on residential streets. • Golf carts and LEVs are lighter in weight than standard vehicles, decreasing wear on streets.

Concerns with the use of Golf Carts
• Unlicensed and underage drivers are driving vehicles on the street.
• Golf carts are being driven on the sidewalks.
• Some drivers have no regard for the rules of the road, for example:
• Driving on the wrong side of the road.
• Not having or using proper safety equipment.

Golf Cart Communities
Communities that have adopted a Golf Cart Transportation Plan - pursuant to California Streets and Highways Code.

Communities that consider themselves golf cart friendly to street-legal vehicles.

Communities with golf courses that have outlined safe routes on public streets surrounding golf courses.

Golf Cart Transportation Plan
• Intensive requirements
• Traffic studies
• Route selections
• Coordination with other modes of transportation
• Provisions for parking in commercial, parks, etc
• Design criteria for golf cart operations
• Golf cart lanes, routes, signs, crossings, markers
• Safety permitting and equipment requirements applicable to golf carts on public streets
• Permitting
Golf Cart Communities
City of Avalon, Catalina Island
• allows golf carts that comply with CVC and Streets and Highway Code
• all streets in the downtown area of Avalon posted with 25 mph
• no special designated lanes for golf carts
• share the road with bicycles, pedestrians and vehicles • accidents and safety reported to not be a problem.

Golf Cart Communities
Communities planned specifically for golf carts
Palm desert
• Golf Cart Transportation Plan
• some areas of the City were planned with golf cart lanes and paths specifically
• all CVC requirements
• all rules of the road that pertain to automobiles pertain to golf carts
• only two persons including the driver, children must be restrained in appropriate car seats
• city inspection and city permit required
Summary
• Low speed vehicles
• Sold street legal in CA
• Allowed on 35 mph public
roads
• Licensed driver
• Registered and License plate
• Rules of the road apply
• Golf Carts – Street legal
• Allowed on 25 mph public
roads
• Licensed driver
• Registered through DMV
• Display a license plate
• Rules of the road apply
Red = speed limit 40+
Green = speed limit 30-35
(legal LSVs)
Blue + residential
streets = 25mph
(legal golf carts)
Police Services
Police Services will continue to be responsive to the
Hughson community in their delivery of quality services and through a community partnership that promotes
safe, secure neighborhoods by educating residents on the requirements set forth in the
California Vehicle Code
Questions?
Action Required?
No action is necessary on this item
unless the Council wants to direct staff
to address the preparation of a Golf
Cart Transportation Plan for the City of
Hughson.

Meeting Date: July 11, 2022
Subject: Adopt Resolution No. 2022-34, Approving the Master Property Tax Revenue Agreement between Stanislaus
County and the City of Hughson and Authorizing the City Manager to Execute the Agreement
Enclosure: Property Tax Revenue Agreement
Presented By: Merry Mayhew
Approved By: __________________________
City Manager
Staff Recommendation:

1. Adopt Resolution No. 2022-34, approving the Master Property Tax Revenue Agreement between Stanislaus County and the City of Hughson.

2. Authorize the City Manager to execute the Agreement inclusive of edits by the City Attorney.

Background and Overview:

The current distribution process for property tax dollars in the State of California is the result of tax reform (Proposition 13 in 1978) and legislation (AB 8 in 1979) required to rebalance revenue streams between the State and local governments.

Proposition 13 and AB 8 established significant changes in how property tax rates are set and distributed to cities, counties, special districts, schools, and community colleges. The County Auditor-Controller is responsible for allocating property tax revenue to these entities according to state law.

Stanislaus County (County) receives approximately 12% of total property tax allocations and on the average, each of the nine cities receives 5.7% of total property tax allocations. This is net of a revenue shift sent to the Educational Revenue Augmentation Fund (ERAF). ERAF is redirected property tax revenue from cities, counties and special districts to schools and colleges to offset funding these entities would have otherwise received from the State General Fund.

The Cortese-Knox-Hertzberg Act requires a fiscal impact analysis and a property tax sharing agreement allocating property taxes upon annexation into a city in order CITY COUNCIL AGENDA ITEM NO. 6.2
SECTION 6: NEW BUSINESS
to ensure the continuity of existing levels of service. Master tax sharing agreements are beneficial in that they provide consistency and efficiency in the annexation process.

In 1996, the City of Hughson and Stanislaus County entered into a Master Property Tax Agreement (1996 Agreement) with a subsequent amendment occurring in 2006.

In this 1996 Agreement, the County retained all base funding, and tax increment was split 70% to the County and 30% to the City. The 70-30 split between the County and the City reflects a pre-ERAF distribution. While the County is required to deposit 55% of property tax into ERAF, the City is required to deposit an average of 26%.

Under the 1996 Agreement, for every $1,000,000 in assessed value growth, cities net an average of $946 in revenue while the County nets $891. When combining net growth for the cities and County under the current agreement, cities receive an average of 51.5% of the total and the County receives 48.5%.

Since the execution of the 1996 Agreement, and complicating tax sharing, approximately 100 Tax Rate Areas (TRA) have been developed after annexations by the nine cities. The combined base value of all properties (County and nine cities) calculated at the time of annexation under the 1996 agreement is $266.6 million.

The combined value of those properties as of Fiscal Year 2021-2022 has grown to $6.2 billion.

Proposed Agreement
A sub-committee of City Managers, representing all nine cities, worked with the Chief Executive Officer to evaluate various concepts for an updated property tax sharing agreement. Through this work, the proposed Master Property Tax Revenue Agreement (Proposed Agreement) was developed. The essential components of the agreement are as follows:
• The agreement is effective with the 2022 Assessment Roll (property values as of January 1, 2022, delivered by the Assessor to the Auditor-Controller by July 1, 2022).
• Once the agreement commences, it will continue until one of the parties terminates the agreement. Any party may terminate the agreement by formal action upon no less than 60 days’ notice and termination will be effective on the first day of July following service of the notice of termination. • The agreement generally applies to properties annexed following the effective date of the 1996 Agreement and future annexations. Among the nine cites there are several exceptions noted on Exhibit B; however, the City of Hughson has no areas excepted from this Agreement.
• Consistent with the current agreement, the County will retain all base property tax revenue.
• Revenue growth for properties annexed in the future will be shared evenly between the City and the County: 50% to City and 50% to County, unless otherwise negotiated by the parties. Exhibit A to the Proposed Agreement is a map of areas that were annexed subsequent to the 1996 Agreement and that are included in the Proposed Agreement.
• Consistent with the current agreement, the County’s Increment Property Tax Revenue sharing is calculated prior to any property tax shift for ERAF. Net of ERAF, the division of total increment is anticipated to be approximately 68% City and 32% County, on average.
• The County and cities will continue to discuss alternative models of property tax distribution to lessen the impact of ERAF.

Stanislaus County Board of Supervisors took action to approve the Proposed Agreement on June 14, 2022 and gave the Chief Executive Officer the authority to make minor edits to the Agreement deemed necessary by legal counsel representing the County and/or cities. This authority recognizes that minor potential edits may still be made upon the advice of legal counsel for the County and cities.

The Hughson City Council is asked to consider and approve the Proposed Agreement, which will cancel the 1996 Agreement. Should the Council not take action to approve the Proposed Agreement no later than July 20, 2022, the 1996 Agreement will continue to be effective and the next opportunity to consider the Proposed Agreement will be June 2023 for the Fiscal Year 2023-2024.

Fiscal Impact:

To estimate the fiscal impact of the Proposed Agreement, the County AuditorController staff created a financial model to evaluate the 50-50 revenue sharing in comparison to the existing 70-30 model. On average over the last five years, shifting from the current sharing formula to a 50-50 model would have increased revenue to the nine cities by $2.1 million per year and would have reduced the County’s growth revenue $1.3 million per year. The difference of approximately $800,000 is the result of cities having a lower ERAF shift of 26% versus the County’s 55% ERAF shift. As a result, the Proposed Agreement will result in additional funds for the region.

The County’s financial model shows that if the 50-50 model had been put in place five years ago, the City of Hughson would have received an average of $57,274 increase in revenue annually over the last five years, totaling an additional $286,370.

CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2022-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON APPROVING

THE MASTER PROPERTY TAX REVENUE AGREEMENT BETWEEN THE CITY OF

HUGHSON AND COUNTY OF STANISLAUS
WHEREAS, Section 99 of the California Revenue and Taxation Code authorizes local agencies, such as the City of Hughson (“City”) and County of Stanislaus (“County”), to enter into master property tax sharing agreements to provide adjustments to the allocation of property taxes upon annexation; and
WHEREAS, it is the purpose of this Agreement to adjust the allocation of property tax revenue between City and County and address the requirements under Revenue and Taxation Code Section 99, and adjustment of the appropriation limits of the affected governmental agencies pursuant to Section 3(b) of Article XIII B of the Constitution of the State of California; and
WHEREAS, City and County recognize the importance of maintaining consistent property tax sharing arrangements across similarly situated jurisdictions and the importance of a standing master property tax revenue sharing agreement to facilitate sound planning for development and the continued provision of services as a result of development, and it is the intent and purpose of the Parties to accomplish this goal to the greatest extent possible; and
WHEREAS, City and County previously entered into an agreement, known as the Master Property Tax Sharing Agreement, effective May 13, 1996, for the purpose of adjusting the allocation of property tax revenue pursuant to Section 99 of the Revenue and Taxation Code upon a change of organization (“1996 Agreement”).; and WHEREAS, under the 1996 Agreement, the County agreed to share future increases in real property tax revenue above the base amount with 70% of the tax growth going to the County and 30% to the City; and
WHEREAS, in 2006 the parties entered into Amendment No. 1 of the 1996 Agreement to clarify technical issues and the intent of that agreement; and WHEREAS, City and County have worked together to develop a revised approach to property tax sharing, improving locally available revenues; and WHEREAS, City and County seek to align the interests of their respective jurisdictions in a way that promotes and financially encourages future economic development and the provision of housing; and
WHEREAS, as provided for in this Agreement, City and County intend to ensure the timeliest, most efficient, and most cost-effective delivery of services provided to the public; and
WHEREAS, it is the intent of City and County to identify and include all annexations which were subject to the 1996 agreement; to identify any annexations after 1996 that were separately negotiated and include those in this Agreement where applicable; and to identify unincorporated areas which will be specifically excluded from this Agreement; and WHEREAS, the annexation areas identified in Exhibit A comprise only those tax rate areas for which the parties intend to modify the sharing of future annual property tax increment; and
WHEREAS, the annexations and unincorporated areas identified in Exhibit B, comprise those areas which are specifically excluded from this Agreement; and WHEREAS, the parties intend by this Agreement, that beginning with the 2022 Assessment Roll, for all tax rate areas identified in Exhibit A, the parties will share equally the County’s future annual tax increment, as that term is defined in Section 98 of the Revenue and Taxation Code; and
WHEREAS, the parties intend to share equally the annual tax increment, for all future annexations which are not specifically excluded by this Agreement, that occur after the effective date of this Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby approve the Property Tax Revenue Sharing Agreement with the County of Stanislaus and authorize the City Manager to sign the agreement.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 11th day of July 2022 by the following roll call vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
______________________
GEORGE CARR, Mayor
ATTEST:
_____________________________
ASHTON GOSE, Deputy City Clerk
{CW112700.6} Page 1 of 12

MASTER PROPERTY TAX REVENUE AGREEMENT

BETWEEN THE COUNTY OF STANISLAUS AND THE CITY OF HUGHSON This MASTER PROPERTY TAX REVENUE AGREEMENT ("Agreement") is made and executed on this ___ day of _____________, 2022 (“Effective Date”), by and between the County of Stanislaus, a political subdivision of the State of California ("County"), and the City of Hughson, a municipal corporation of the State of California (the "City"). County and City may each be referred to as a “Party” or collectively as the “Parties”.

RECITALS
A. Section 99 of the California Revenue and Taxation Code authorizes local agencies, such as City and County, to enter into master property tax sharing agreements to provide adjustments to the allocation of property taxes upon annexation.

B. It is the purpose of this Agreement to adjust the allocation of property tax revenue between City and County and address the requirements under Revenue and Taxation Code Section 99 and adjustment of the appropriation limits of the affected governmental agencies pursuant to Section 3(b) of Article XIII B of the Constitution of the State of California.

C. City and County recognize the importance of maintaining consistent property tax sharing arrangements across similarly situated jurisdictions and the importance of a standing master property tax revenue sharing agreement to facilitate sound planning for development and the continued provision of services as a result of development, and it is the intent and purpose of the Parties to accomplish this goal to the greatest extent possible.

D. City and County previously entered into an agreement, known as the Master Property Tax Sharing Agreement, effective May 13, 1996, for the purpose of adjusting the allocation of property tax revenue pursuant to Section 99 of the Revenue and Taxation Code upon a change of organization (“1996 Agreement”).

E. Under the 1996 Agreement, which was entered into by the County and all nine cities, the County agreed to share future increases in real property tax revenue above the base amount with 70% of the tax growth going to the County and 30% to the Cities.

F. In 2006 the parties entered into Amendment No. 1 of the 1996 Agreement to clarify technical issues and the intent of that agreement.

G. City and County have worked together to develop a revised approach to property tax sharing, improving locally available revenues.
{CW112700.6} Page 2 of 12
H. City and County seek to align the interests of their respective jurisdictions in a way that promotes and financially encourages future economic development and the provision of housing.

I. As provided for in this Agreement, City and County intend to ensure the timeliest, most efficient, and most cost-effective delivery of services provided to the public.

J. It is the intent of City and County to identify and include all annexations which were subject to the 1996 agreement; to identify any annexations after 1996 that were separately negotiated and include those in this Agreement where applicable; and to identify unincorporated areas which will be specifically excluded from this Agreement.

K. The annexation areas identified in Exhibit A comprise only those tax rate areas for which the parties intend to modify the sharing of future annual property tax increment.

L. The annexations and unincorporated areas identified in Exhibit B, comprise those areas which are specifically excluded from this Agreement.

M. The parties intend by this Agreement, that beginning with the 2022 Assessment Roll, for all tax rate areas identified in Exhibit A, the parties will share equally the County’s future annual tax increment, as that term is defined in Section 98 of the Revenue and Taxation Code.

N. The parties intend to share equally the annual tax increment, for all future annexations which are not specifically excluded by this Agreement, that occur after the effective date of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the City and County hereby agree as follows:

AGREEMENT
Section 1. Recitals. The recitals above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and Sections 1 through 12 of this Agreement, Sections 1 through 12 shall prevail.

Section 2. Definitions.
(a) “1996 Agreement” shall mean the Master Property Tax Sharing Agreement entered into between the City and the County effective May 13, 1996, for the purpose of adjusting the allocation of property tax revenue pursuant to Section 99 of the Revenue and Taxation Code upon a change of organization and its Amendment No. 1 of 2006. {CW112700.6} Page 3 of 12
(b) “Annexation” shall mean the inclusion, attachment, or addition of territory to the City pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. (c) “Ad Valorem Property Tax” shall mean the tax imposed on real and tangible personal property based upon the value of the property. (d) “Base Property Tax Year” shall mean the tax year immediately preceding the year in which the State Board of Equalization recognized and notifies the County Auditor-Controller of the Annexation.
(e) “Educational Revenue Augmentation Fund” or “ERAF” shall mean a requirement of the County Auditor-Controller to shift a certain percentage of annual allocations of local property tax revenues from counties, cities, and special districts to a specified fund which is utilized by the State of California to reduce its financial obligation to public schools and help meet its minimum state funding requirements pursuant to Proposition 98. (f) “Incremental Property Tax Revenue” shall mean the total amount of property tax revenue increase or decrease computed from the assessed valuation over the Base Property Tax Year. [reference Revenue and Taxation Code Section 96.5] (g) “Tax Rate Area” shall have the same meaning as defined in Revenue and Taxation Code section 95(g)(1).

Section 3. Reporting. From and after the first fiscal year following the effective date of each Annexation, County Auditor-Controller will report, as part of the regular AB 8 report process, to the City Manager and to the County Executive Office the calculation and the actual amount of the Ad Valorem Property Tax revenue available for allocation and distribution pursuant to this Agreement. After provision of this report, either party may request to meet and confer with the other party to review the annual report.

Section 4. Allocation of Ad Valorem Property Tax Revenue for New Annexations.

When a jurisdictional change occurs, the Ad Valorem Property Tax revenue attributable to the territory Annexed to the City, for all land use types, shall be adjusted in the following manner:
(a) For Annexations other than County unincorporated islands or properties identified in Exhibit B, County shall retain its one hundred percent (100%) share of the Ad Valorem Property Tax revenue attributable to the Base Property Tax Year amount. After Annexation, the annexing City shall receive a fifty percent (50%) share of the County’s Incremental Property Tax Revenue.

County shall retain the remaining fifty percent (50%) share of the County’s Incremental Property Tax Revenue.
(b) Where an Annexation includes land served by a special district, City shall receive the entire amount of the Ad Valorem Property Tax allocated to the special district upon the detachment of the annexed territory from the special district or the dissolution of the special district.
{CW112700.6} Page 4 of 12
(c) Except as set forth in subsection (d) below, for any Annexation effecting an unincorporated County island or listed in Exhibit B, the annexing City shall meet and confer with County to determine the allocation of the Ad Valorem Property Tax revenue of the unincorporated County island when each such island is considered for Annexation. (d) For an Annexation requested or initiated by County or required by state or federal law pertaining to, in whole or part, any unincorporated County island or disadvantaged community, the annexing City shall meet and confer with County to determine the allocation of the Ad Valorem Property Tax revenue of the unincorporated County area considered for Annexation.

The provisions of this Section 4 shall survive and remain in effect following any termination of this Agreement, i.e., there will be no reversion back to the 1996 Agreement tax sharing rates.

Section 5. Allocation of Incremental Property Tax Revenue. Beginning with the property assessments included in the 2022 Assessment Roll based on property values established as of January 1, 2022, and delivered by the County Assessor to the County Auditor-Controller by July 1, 2022, the County’s Incremental Property Tax Revenue for all Tax Rate Areas identified in Exhibit A, shall be shared evenly between City and County: fifty percent (50%) to City and fifty percent (50%) to County. The County’s Incremental Property Tax Revenue sharing established under this Section 5 is calculated prior to any property tax revenue shift for ERAF. This Section 5 is prospective only and shall begin being applied by the County Auditor-Controller when property tax revenues are distributed during Fiscal Year 2022/2023. An example of the calculation performed by the Auditor-Controller to implement this agreement is attached as Exhibit C.

The provisions of this Section 5 shall survive and remain in effect following any termination of this Agreement, i.e., there will be no reversion back to the 1996 Agreement tax sharing rates.

Section 6. Adjustment of Appropriation Limit. Pursuant to Section 3(b) of Article XIII of the Constitution of the State of California, City shall increase its appropriation limit by the amount of Ad Valorem Property Tax revenue received after the adjustment provided for in Section 4 is completed. County shall decrease its appropriation limit by the amount of Ad Valorem Property Tax revenue that is transferred to City. It is also expected that any special district will decrease its appropriation limit by the amount of Ad Valorem Property Tax revenue it has had transferred to City upon detachment or dissolution.

Section 7. Additional Property Tax Agreement Discussions. County agrees to continue to meet and confer with City to address alternatives models of Ad Valorem Property Tax distribution to lessen the impact of ERAF.

Section 8. Term of This Agreement. The term of this Agreement shall commence as of the Effective Date and continue thereafter until one of the parties terminates this Agreement.

Any party may terminate this Agreement by formal action upon no less than 60 days’ notice and termination shall be effective on the first day of July following service of the notice of termination. {CW112700.6} Page 5 of 12
Section 9. Modification This Agreement constitutes the entire agreement between the Parties hereto. To be effective, any amendment, modification, or revision of this Agreement must be a writing duly authorized and signed by both Parties.

Section 10. Entire Agreement With respect to the subject matter hereof only, this Agreement replaces and supersedes the 1996 Agreement, as well as any and all previous negotiations, proposals, commitments, writings, and understanding of any nature whatsoever between County and City.

Section 11. Notices Any notice or communication required hereunder between the parties must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving party's email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day; if given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

County of Stanislaus City of Hughson
Chief Executive Officer City Manager
County Counsel City Attorney
County of Stanislaus City of Hughson
1010 Tenth Street, Suite 6800 P.O. Box 9
Modesto, CA 95354 Hughson, CA 95326

Section 12. General Provisions
(a) Governing Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California. (b) Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus.
{CW112700.6} Page 6 of 12
(c) Severability. This Agreement shall automatically terminate if this Agreement, in its entirety, is determined by a court of competent jurisdiction to be invalid or unenforceable. If any discrete provision of this Agreement shall be determined by such court to be invalid and unenforceable, or if any discrete provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. (d) Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.
(e) Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. (f) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
(g) Successors and Assigns. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all of the Parties hereto, shall be binding upon an inure to the benefit of such Party, its successors, and assigns. The Parties warrant and represent that they have the right and authority to execute this Agreement and that they have not assigned or transferred, or purported to assign or transfer, to any person or entity this Agreement or any portion thereof. The Parties shall not assign or transfer this Agreement without the written consent of the other Party.
(h) Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(i) Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to the fulfill the purposes and intentions of this Agreement.
(j) Authority. The signatories to this Agreement warrant and represent that they have the power and authority to enter into this Agreement on behalf of their respective Party, and all formal requirements necessary or required to enter into this Agreement have been fulfilled. {CW112700.6} Page 7 of 12
(k) Document Preparation. This Agreement will not be construed against the Party preparing it, but will be construed as if prepared by all Parties. (l) Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement.
(m) No Joint Venture. Neither this Agreement, nor payment, shall constitute or create any form of association, joint venture, partnership, or cooperative activity, of any nature whatever, for any purpose between the City and the County.
[Signatures on following page]

{CW112700.6} Page 8 of 12
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth above.

COUNTY OF STANISLAUS
By: ____________________
Jody L. Hayes
Chief Executive Officer
“County"

CITY OF HUGHSON
By: ____________________
Merry Mayhew
City Manager
"City"
APPROVED AS TO FORM:

Thomas E. Boze, County Counsel
By: ____________________
Thomas E. Boze
County Counsel
APPROVED AS TO FORM:

By: ____________________
Dan Schroeder
Hughson City Attorney
Authorized by Resolution No.2022-0298
Adopted June 14, 2022, by the
Stanislaus County Board of Supervisors
Authorized by Resolution No.

Adopted ,2022, by the
Hughson City Council
{CW112700.6} Page 9 of 12

EXHIBIT A
Board of
Annexation Tax Rate Equalization
Annexation Date Area Roll Year

1. Tully-Whitmore Avenue Change of Organization 01/02/1997 009-011** 1998/1999

2. Fox-Euclid Change of Organization 04/03/2000 009-012 2001/2002

3. Fox-Whitmore Change of Organization (Area 1 of 2) 05/30/2001 009-013 2002/2003

4. Fox-Whitmore Change of Organization (Area 2 of 2) 05/30/2001 009-013 2002/2003

5. Fox-Tully Change of Organization 05/30/2001 009-014 2002/2003

6. Hatch-Euclid Change of Organization 06/10/2005 009-023** 2008/2009

7. Tully Road Change of Org. No. 2* 01/30/2006 009-020 2007/2008 009-025**

8. Hatch & Santa Fe Change of Organization 05/10/2007 009-021 2008/2009

9. Hendley Change of Organization 1 2/19/2007 009-026 2009/2010

10. Wastewater Treatment Plant No. 3 Change of Org. 11/18/2009 009-027 2010/2011

* Separate Tax-Sharing Agreement Used for Annexation Area ** Redevelopment Areas as Identified by State Board of Equalization

{CW112700.6} Page 10 of 12
{CW112700.6} Page 11 of 12

EXHIBIT B

THERE ARE NO AREAS EXCEPTED FROM THIS AGREEMENT
{CW112700.6} Page 12 of 12

EXHIBIT C
Property Tax Sharing
Agreement
July 11, 2022
Est. November 28, 1972
Property Tax Allocation in Stanislaus County
City Share 5.7%
County Share 12.0%
Schools/Colleges Share 72.6%
Other Districts Share 9.7%
Educational Revenue Augmentation Fund
(ERAF)
1990s – The State Legislature redirected significant
portions of property tax to an ERAF Fund.

County – 55% of Property Tax is allocated to ERAF Fund
City – 26% of Property Tax is allocated to ERAF Fund
1996 Master Property Tax Agreement
City of Hughson and Stanislaus County
• County retains base funding
• Tax increment (increase in value) split:
70% County
30% City
ERAF Impact
Under the 1996 Property Tax Sharing Agreement
For every $1 Million in growth:
• Cities net on average $946 (51.5% to Cities)
• Counties net $891 (48.5% to County)
Growth Since 1996 Agreement
• Base Value in 1996 - $266.6 million
• Combined value as of FY 21-22 - $6.2 billion
Proposed Agreement
• Effective with the 2022 Assessment Roll
(property values as of January 1, 2022
• Continues until one of the party terminates
• General applies to properties annexed following the effective date of the 1996 Agreement
• County continues to retain all base property tax revenue • Revenue growth for identified properties will be shared evenly 50% / 50% (pre-ERAF)
• Net of ERAF, the division of property tax is approximately 68% City and 32% County
70/30 Agreement vs. 50/50 Proposal
Final Average Net Impact per $1,000,000 in Valuation
Growth
70/30 50/50
$ % $ %
City $ 946 51% $ 1,365 68%
County $ 891 49% $ 637 32%
$1,837 $ 2,002
Fiscal Impact
• Increases City share of growth from 30% to 50%
• On average, over the last five years, the Proposed
Agreement would have increased the City of Hughson’s
Property Tax revenue by an average of $57,274 per year
($286,368 over the five-year period)
Fiscal Impact Modeling
Replacing 70/30 Property Tax Growth Sharing Agreement
with 50/50 Sharing Model
Includes Annexed Properties in the existing 1996 Agreement 5-year Analysis (FY17/18 through FY 21/22)
All $ are Post-ERAF
Fiscal Impact - Regionally
On average over the last five years, shifting the current sharing formula from 70/30 to 50/50 would have provided an additional $790,386 in funding available to the Stanislaus region.

Growth Since 1996 Agreement
• Base Value in 1996 - $266.6 million
• Combined value as of FY 21-22 - $6.2 billion
City of Hughson
Areas Annexed Subsequent to 1996 Agreement
Timeline
• Cities who wish to sign the Agreement must do so by July 20, 2022, to be effective for FY 2022-2023.
• Should a City not sign by July 20, 2022, the next chance to take advantage of the Proposed Agreement would be FY
2023-2024.

Recommendations
• Adopt Resolution No. 2022-34, approving the Master
Property Tax Revenue Agreement between Stanislaus
County and the City of Hughson.
• Authorize the City Manager to execute the Agreement,
inclusive of edits by the City Attorney.

Questions?

Hughson City CouncilJuly 11, 2022

Hughson City Council
July 11, 2022