Agenda packet — Hughson City Council, July 25, 2022

CITY OF HUGHSON

CITY COUNCIL MEETING

CITY COUNCIL CHAMBERS
7018 Pine Street, Hughson, CA
How to participate in, or observe the Meeting:
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Meeting Number: 2556 280 5016 Password: FMqZ2x6TjP7
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http://hughson.org/our-government/city-council/#council-agenda City Council Agenda July 25, 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: NONE.

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 July 11, 2022.

3.2: Approve the Warrants Register.

3.3: Adopt Resolution No. 2022-35, Approving the Agreement for Property Tax Consulting/Audit Services with HdL Coren & Cone for Property Tax Management, Audit and Information Services.

3.4: Adopt Resolution No. 2022-36, Approving the Agreement for Special Services with Liebert Cassidy Whitmore Allowing the City to Become Part of the San Joaquin Valley Employment Relations Consortium.

City Council Agenda July 25, 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 3.5: Adopt Resolution No. 2022-37, Confirming Diagrams, Assessments and Reports and Levying Assessments for Fiscal Year 2022-2023 for the Community Facilities District within the City of Hughson.

3.6: Adopt Resolution No. 2022-38, Ratifying the Agreement with KB Home to Extend the Warranty Bond for the Parkwood Subdivision from One Year to Two Years.

4. UNFINISHED BUSINESS: NONE.

5. PUBLIC HEARING TO CONSIDER THE FOLLOWING:

5.1: Adopt Resolution No. 2022-39, Confirming Diagrams, Assessments and Reports and Levying Assessments for Fiscal Year 2022-2023 for All Landscape and Lighting Districts and All Benefit Assessment Districts within the City of Hughson.

6. NEW BUSINESS:

6.1: Approve the Contract Employee Agreement with Denise Schiefer to provide Planning and Building Program services for the period of August 1, 2022, through June 30, 2023.

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)
City Council Agenda July 25, 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. CLOSED SESSION TO DISCUSS THE FOLLOWING:

9.1: CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Mayor George Carr
Unrepresented employee: City Manager
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 UPCOMING EVENTS:

August 2  National Night Out, City Wide Event
August 3  City/Fire 2+2 Committee Meeting, Hughson Fire Station, 5:30 PM

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).

City Council Agenda July 25, 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 August 8  City Council Meeting, City Council Chambers/WebEx Videoconference/YouTube Live Stream, 6:00 PM
August 9  Parks, Recreation and Entertainment Commission Meeting, City Council Chambers, 6:00 PM
August 12  Close of Candidate Nomination Period 5:00 PM – Gubernational General Election – Tuesday, November 8, 2022, 8:00 AM
August 13
 Open of Candidate Nomination Extension Period – If Applicable Gubernational General Election – Tuesday, November 8, 2022, 8:00 AM
August 16  Planning Commission Meeting, City Council Chambers, 6:00 PM August 17
 Close of Candidate Nomination Extension Period – If Applicable Gubernational General Election – Tuesday, November 8, 2022, 8:00 AM
August 22  Economic Development Committee Meeting, City Hall, 4:30 PM August 22  City Council Meeting, City Council Chambers/WebEx Videoconference/YouTube Live Stream, 6:00 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.

City Council Agenda July 25, 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. 6 AFFIDAVIT OF POSTING
DATE: July 22, 2022 TIME: 12:00 PM
NAME: Ashton Gose TITLE: Deputy City Clerk
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 25, 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 July 11, 2022.

Background and Overview:

The draft minutes of the meeting on July 11, 2022 are prepared for the Council’s review.

CITY COUNCIL AGENDA ITEM NO. 3.1
SECTION 3: CONSENT CALENDAR
City Council Minutes 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 MINUTES
MONDAY, JULY 11, 2022 – 6:00 P.M.

CALL TO ORDER: Mayor George Carr
ROLL CALL:

Present: Mayor George Carr
Councilmember Ramon Bawanan
Councilmember Sam Rush
Councilmember Mike Buck

Absent: Mayor Pro Tem Harold Hill
Staff Present: Merry Mayhew, City Manager
Ashton Gose, Deputy City Clerk
Eric Nims, Deputy 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
Jaime Velazquez, Utilities Superintendent

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

NONE.

2. PRESENTATIONS:

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

Mayor Carr proclaimed August 2, 2022 as National Night Out in the City of Hughson.

CITY OF HUGHSON

CITY COUNCIL MEETING

CITY COUNCIL CHAMBERS
7018 PINE STREET, HUGHSON, CA
City Council Minutes 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 2.2: Recognition of Ashton Gose for 5 Years of Service.

Mayor Carr recognized Ashton Gose for 5 years of service.

3. CONSENT CALENDAR:

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.

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

BUCK/BAWANAN 4-0-0-1 motion passes to approve the consent calendar as presented, with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE ABSENT AYE

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.

Chief Landeros presented the staff report on this item.

Mayor Carr opened public comment at 6:37PM.

Five Hughson residents provided verbal comment on this item.

City Council Minutes 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. 3 Five Hughson residents provided written comment on this item. These comments are attached to be kept on file as part of the official record of this City Council meeting.

Mayor Carr closed public comment at 7:05PM.

No action was taken.

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

City Manager Mayhew presented the staff report on this item.

Mayor Carr opened public comment at 7:34PM. There was no public comment.

Mayor Carr closed public comment at 7:34PM.

BAWANAN/CARR 4-0-0-1 motion passes to adopt Resolution No. 2022- 34, Approving the Master Property Tax Revenue Agreement between Stanislaus County and the City of Hughson, with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE ABSENT 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 Notice of Availability of Stanislaus County 2022-2027 Public Review Multi-Jurisdictional Hazard Mitigation Plan Update.

Deputy City Clerk:

Deputy City Clerk Gose provided a reminder that the Candidate Nomination Period for the 2022 Gubernational General Election begins Monday, July 18, 2022.

Police Services:

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

8.2: Council Comments: (Information Only – No Action)
Councilmember Bawanan thanked Chief Landeros, and staff for the golf cart presentation. He also thanked Hughson Police Services and City staff for their continued hard work.

City Council Minutes 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 Councilmember Rush announced the opening of a new Hughson restaurant, Ranch Hand by Slick Fork.

Councilmember Buck thanked Hughson Police Services and City staff for their continued hard work.

8.3: Mayor’s Comments: (Information Only – No Action)
Mayor Carr thanked Chief Landeros, and staff for the golf cart presentation. He attended the Stanislaus County Fair to help with the Hughson Ag Program on July 11, 2022.

9. CLOSED SESSION TO DISCUSS THE FOLLOWING:

9.1: CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Mayor George Carr
Unrepresented employee: City Manager
No reportable action.

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
No reportable action.

ADJOURNMENT:

BUCK/CARR 4-0-0-1 motion passes to adjourn the regular meeting of July 11, 2022, at 8:16 PM with the following roll call vote:

BAWANAN RUSH BUCK HILL CARR

AYE AYE AYE ABSENT AYE
APPROVED:
____________________________
GEORGE CARR, Mayor
ATTEST:
_____________________________
ASHTON GOSE, Deputy City Clerk

Meeting Date: July 25, 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 July 9, 2022, through July 20, 2022.

Fiscal Impact:

There are reductions in various funds for payment of expenses.

CITY COUNCIL AGENDA ITEM NO. 3.2
SECTION 3: CONSENT CALENDAR
7/20/2022 5:53:14 PM Page 1 of 5
Check Report
Hughson By Check Number
Date Range: 07/09/2022 - 07/20/2022
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
01722 A.R.F. Fire Extinguisher Co., Inc 07/11/2022 Regular 0.00 1,933.19 55488 16837, 16838, 16… Invoice 06/30/2022 fire extinguisher service 0.00 1,933.19 01603 Amazon Capital Services, Inc. 07/11/2022 Regular 0.00 28.04 55489 1L9V-YF1C-LGQQ Invoice 06/21/2022 2022 ELECTION SUPPLIES 0.00 28.04 01754 Andrea Walker 07/11/2022 Regular 0.00 100.00 55490 INV0007434 Invoice 06/25/2022 Starn Park Rental Deposit Walker 0.00 100.00 01758 Angelica Garcia Allantar 07/11/2022 Regular 0.00 220.00 55491 INV0007436 Invoice 06/25/2022 Senior Center Rental Deposit Allantar 0.00 220.00 00109 BADGER METER, INC 07/11/2022 Regular 0.00 2,260.61 55492 80098496 Invoice 06/30/2022 badger service 0.00 2,260.61 00237 CARR, GEORGE 07/11/2022 Regular 0.00 815.00 55493 INV0007431 Invoice 06/28/2022 Advance for League of Ca Cities 0.00 815.00 01755 Compliance First LLC, Inc. 07/11/2022 Regular 0.00 180.00 55494 0039 Invoice 06/20/2022 SJVSWQP MS4 Phase I & II Annual Regional T… 0.00 180.00 01262 CUSTOM LOCKSMITH AND ALARM, INC. 07/11/2022 Regular 0.00 160.00 55495 0000044159 Invoice 06/30/2022 rekey planning room 0.00 160.00 00463 EXPRESS PERSONNEL SERVICE 07/11/2022 Regular 0.00 16,171.51 55496 27276366 Invoice 06/01/2022 Extra Help- PW & Utl 0.00 3,131.98 27315301 Invoice 06/08/2022 Extra Help- PW & Utl 0.00 3,337.92 27351878 Invoice 06/15/2022 Extra Help- PW & Utl 0.00 3,600.71 27375087 Invoice 06/22/2022 Extra Help- PW & Utl 0.00 2,969.70 27405455 Invoice 06/29/2022 Extra Help- PW & Utl 0.00 3,131.20 00474 FERGUSON ENTERPRISES,INC 07/11/2022 Regular 0.00 280.42 55497 9992383 Invoice 06/30/2022 sink and plumbing (starn park) 0.00 280.42 00528 GILTON SOLID WASTE MANAGE 07/11/2022 Regular 0.00 1,895.07 55498 HUGHSS-071 Invoice 06/01/2022 STREET SWEEPING for June 2022 0.00 1,895.07 00614 HUGHSON FARM SUPPLY 07/11/2022 Regular 0.00 1,895.40 55499 H421534, H42096… Invoice 06/30/2022 plumbing supplies 0.00 201.73 H423335 & H4230…Invoice 06/30/2022 plumbing supplies 0.00 156.43 H423509, H42331… Invoice 06/30/2022 tools and equipment 0.00 1,390.16 H423700 Invoice 06/30/2022 parts for oven (senior center) 0.00 15.09 S110916 Invoice 06/30/2022 equipment repair 0.00 131.99 00627 HUGHSON NAPA AUTO & TRUCK 07/11/2022 Regular 0.00 86.88 55500 339163 Invoice 06/24/2022 Blanket PO (napa) 0.00 13.88
339424 Invoice 06/06/2022 Blanket PO (napa) 0.00 12.61
339578 Invoice 06/08/2022 Blanket PO (napa) 0.00 36.67
340081 Invoice 06/15/2022 Blanket PO (napa) 0.00 23.72
00623 HUGHSON TIRE 07/11/2022 Regular 0.00 940.00 55501 804285 Invoice 06/29/2022 tires for code enforcement vehicle 0.00 940.00 01756 Karen Melendez 07/11/2022 Regular 0.00 500.00 55502 INV0007435 Invoice 06/25/2022 United Samaritans Rental Deposit Melendez 0.00 500.00 00755 MCR ENGINEERING, INC 07/11/2022 Regular 0.00 38,261.85 55503 17035 Invoice 04/27/2022 Well 7 Site Improvements 0.00 14,856.85 Check Report Date Range: 07/09/2022 - 07/20/2022
7/20/2022 5:53:14 PM Page 2 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 17134 Invoice 06/28/2022 Well 7 Site Imporvements 0.00 15,001.25 17145 Invoice 05/25/2022 Well 7 Site Improvements 0.00 8,403.75 01459 Merry Mayhew 07/11/2022 Regular 0.00 78.61 55504
INV0007430 Invoice 06/28/2022 Subway for EDC 0.00 78.61 00611 Mid Valley Publications 07/11/2022 Regular 0.00 90.65 55505 339189 Invoice 06/22/2022 Water Shortage Emergency Declaration Noti… 0.00 90.65 00775 MISSION UNIFORM SERVICE 07/11/2022 Regular 0.00 1,207.46 55506 517104078 Invoice 05/23/2022 Uniforms (Blanket PO) 0.00 101.13 517147877 Invoice 06/06/2022 Uniforms (Blanket PO) 0.00 35.50 517147878 Invoice 06/06/2022 Uniforms (Blanket PO) 0.00 78.79 517156985 Invoice 06/06/2022 Uniforms (Blanket PO) 0.00 66.24 517156986 Invoice 06/06/2022 Uniforms (Blanket PO) 0.00 137.80 517156987 Invoice 06/06/2022 Uniforms (Blanket PO) 0.00 61.10 517202521 Invoice 06/13/2022 Uniforms (Blanket PO) 0.00 66.24 517202522 Invoice 06/13/2022 Uniforms (Blanket PO) 0.00 76.10 517202523 Invoice 06/13/2022 Uniforms (Blanket PO) 0.00 61.10 517241463 Invoice 06/13/2022 Uniforms (Blanket PO) 0.00 43.29 517246372 Invoice 06/20/2022 Uniforms (Blanket PO) 0.00 66.24 517246373 Invoice 06/20/2022 Uniforms (Blanket PO) 0.00 106.10 517246375 Invoice 06/20/2022 Uniforms (Blanket PO) 0.00 61.10 517283930 Invoice 06/20/2022 Uniforms (Blanket PO) 0.00 43.29 517289453 Invoice 06/27/2022 Uniforms (Blanket PO) 0.00 66.24 517289454 Invoice 06/27/2022 Uniforms (Blanket PO) 0.00 76.10 517289455 Invoice 06/27/2022 Uniforms (Blanket PO) 0.00 61.10 00822 NESTLE WATERS 07/11/2022 Regular 0.00 145.90 55507 12F0025664277 Invoice 06/01/2022 water service 0.00 145.90 00837 NORTHSTAR CHEMICAL 07/11/2022 Regular 0.00 9,448.50 55508 222879 Invoice 06/30/2022 ferric service 0.00 3,822.24
224431 Invoice 06/30/2022 ferric service 0.00 3,011.46
225682 Invoice 06/16/2022 Chemicals supply Blanket PO 0.00 399.49 225683 Invoice 06/16/2022 Chemicals supply Blanket PO 0.00 217.90 225684 Invoice 06/30/2022 CL2 service 0.00 1,997.41
00859 OWEN EQUIPMENT 07/11/2022 Regular 0.00 1,123.00 55509 00056776 Invoice 06/30/2022 hose and gun for vactor truck 0.00 1,123.00 00879 PG & E 07/11/2022 Regular 0.00 50.48 55510
0203199 Invoice 06/24/2022 UTILITIES 0.00 50.48
01360 SHORELINE ENVIRONMENTAL ENGINEERING 07/11/2022 Regular 0.00 2,227.50 55511 949 Invoice 06/22/2022 COH 2021 Consumer Confidence Report 0.00 2,227.50 01599 SMILE BUSINESS PRODUCTS, INC 07/11/2022 Regular 0.00 175.66 55512 1047419 Invoice 06/27/2022 COPIES 0.00 175.66
01093 SYNAGRO WEST, LLC 07/11/2022 Regular 0.00 21,460.09 55513 29621 Invoice 05/01/2022 Sludge Disposal Blanket PO 0.00 8,824.60 30252 Invoice 06/06/2022 Sludge Disposal Blanket PO 0.00 12,635.49 01176 USA BLUE BOOK 07/11/2022 Regular 0.00 1,726.65 55514 014199 Invoice 06/30/2022 parts 0.00 232.37
934663 Invoice 06/30/2022 pump for cl2 0.00 1,494.28
01192 VISION SERVICE PLAN 07/11/2022 Regular 0.00 514.46 55515 3208685 Invoice 06/19/2022 MEDICAL INSURANCE WITHHELD- JUNE 0.00 514.46 00543 W.W. GRAINGER, INC. 07/11/2022 Regular 0.00 1,111.09 55516 9337392808 Invoice 06/30/2022 chisels for jackhammer and welder 0.00 1,111.09 Check Report Date Range: 07/09/2022 - 07/20/2022
7/20/2022 5:53:14 PM Page 3 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 01206 WARDEN'S OFFICE 07/11/2022 Regular 0.00 555.75 55517 2079457-0 Invoice 06/30/2022 ink 0.00 555.75
00005 A&A PORTABLES, INC 07/18/2022 Regular 0.00 80.78 55518 114-13210098 Invoice 06/30/2022 Fence Rental 0.00 80.78 01715 Advanced GEO Inc 07/18/2022 Regular 0.00 8,750.00 55519 33007 Invoice 06/30/2022 Limited Phase II Enviromental Site 0.00 8,750.00 01603 Amazon Capital Services, Inc. 07/18/2022 Regular 0.00 613.25 55520 113-1432475-262… Invoice 06/28/2022 emergency lights for fleet 0.00 547.45 113-2169430-742… Invoice 06/28/2022 emergency lights for fleet 0.00 75.50 1NVC-FHXW-7Q79 Credit Memo 05/25/2022 CREDIT FOR INVOICE 1WN7-VYGY-VYWV 0.00 -9.70 01384 BACKFLOW APPARATUS & VALVE CO. 07/18/2022 Regular 0.00 71.07 55521 145945 Invoice 03/01/2022 Backflow repair kit 0.00 71.07 01570 CSG Consultants 07/18/2022 Regular 0.00 2,061.91 55522 B221173 Invoice 06/30/2022 Contract Services Planning/Building 0.00 2,061.91 00464 EZ NETWORK SOLUTIONS 07/18/2022 Regular 0.00 850.00 55523 41405 Invoice 06/30/2022 IT SERVICES - May 0.00 850.00
00527 GIBBS MAINTENANCE CO 07/18/2022 Regular 0.00 1,600.00 55524 11181 Invoice 06/30/2022 JANITOR SERVICES - June 0.00 1,600.00 00528 GILTON SOLID WASTE MANAGE 07/18/2022 Regular 0.00 69,564.96 55525 June2022 Invoice 06/01/2022 GARBAGE SERVICE- June 0.00 69,564.96 01612 GreatAmerica Financial Svcs. 07/18/2022 Regular 0.00 397.63 55526 31939701 Invoice 06/29/2022 LEASE - June 0.00 397.63
00614 HUGHSON FARM SUPPLY 07/18/2022 Regular 0.00 160.97 55527 H422207 Invoice 06/14/2022 Blanket PO (hughson farm supply) 0.00 136.42 H422220 Invoice 06/14/2022 Blanket PO (hughson farm supply) 0.00 10.76 H423968 Invoice 06/30/2022 Part and Supply Blanket PO 0.00 13.79 01596 JHC LLC 07/18/2022 Regular 0.00 1,048.72 55528
2022-0305H Invoice 06/30/2022 Assistance w/Recycling Mandates & Progra… 0.00 1,048.72 01256 JOSEPHINE'S SPECIALTIES 07/18/2022 Regular 0.00 32.50 55529 000600 Invoice 06/10/2022 Logo on Shirts 0.00 32.50
01435 North Valley Labor Compliance Services 07/18/2022 Regular 0.00 750.00 55530 004930 Invoice 06/30/2022 Phase II, Tank Construction 0.00 750.00 01588 Resources Recycling & Recovery 07/18/2022 Regular 0.00 30.77 55531 0000001449350 Invoice 05/30/2022 Unspent funds for Beverage Container Paym… 0.00 30.77 01115 THE HOME DEPOT CRC 07/18/2022 Regular 0.00 973.81 55532 INV0007290 Invoice 06/06/2022 Parts, Tools 0.00 973.81
01152 TYLER TECHNOLOGIES 07/18/2022 Regular 0.00 300.00 55533 025-384464 Invoice 06/21/2022 Financial Management 0.00 150.00 025-384537 Invoice 06/21/2022 Project Accounting 0.00 150.00 01171 URBAN FUTURES INCORP 07/18/2022 Regular 0.00 337.50 55534 0622-015 Invoice 06/30/2022 Professional Services - Hourly Doug Anderson 0.00 337.50 01225 WILLDAN ENGINEERING 07/18/2022 Regular 0.00 525.00 55535 00336353 Invoice 06/17/2022 City Engineering Services 0.00 525.00 01420 CALIFORNIA STATE DISBURSEMENT UNIT 07/20/2022 Regular 0.00 224.12 55536 Check Report Date Range: 07/09/2022 - 07/20/2022
7/20/2022 5:53:14 PM Page 4 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0007456 Invoice 07/15/2022 INCOME WITHHOLDING FOR CHILD SUPPORT 0.00 224.12 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Payable Bank Summary
Bank Drafts
EFT's
49 0
0 0
0 0.00

0.00 0.00

0.00 0.00
49 0.00
Payment
194,016.76

0.00 0.00

0.00 0.00
194,016.76
Payable
Count
89 0
0 0
0 89
Check Report Date Range: 07/09/2022 - 07/20/2022
7/20/2022 5:53:14 PM Page 5 of 5
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
49 0
0 0
0 0.00

0.00 0.00

0.00 0.00
49 0.00
194,016.76

0.00 0.00

0.00 0.00
194,016.76
89 0
0 0
0 89
Fund Name Period Amount
Fund Summary
999 POOLED CASH/CONSOLIDATED CASH 7/2022 194,016.76
194,016.76
Meeting Date: July 25, 2022
Subject: Adopt Resolution No. 2022-35, Approving the Agreement for Property Tax Consulting/Audit Services with HdL
Coren & Cone for Property Tax Management, Audit and
Information Services
Enclosure: Agreement for Property Tax Consulting/Audit Services Presented By: Anna Nicholas, Director of Finance & Admin. Services Approved By: _______________________________________
City Manager
Staff Recommendation:

1. Adopt Resolution No. 2022-35, approving an Agreement for Property Tax Consulting/Audit Services with HdL Coren & Cone, a California Corporation.

2. Authorize the City Manager to execute the Agreement for Property Tax Consulting/Audit Services with HdL Coren & Cone.

Background and Overview:

The estimation of property tax revenue is a tool City staff use during budget planning and monitoring processes throughout the fiscal year. City staff continually analyze best practices for budgeting processes, City operations, and maximizing the use of technology to assist in forecasting and capturing revenue, including property tax revenue. Through research and analysis, City staff have identified an effective property tax management program administered by HdL Coren & Cone, hereinafter referred to as HdLCC. The agreement for the property tax management program will assist the City with property tax revenue forecasting and monitoring, data analysis, and property tax auditing including misallocated revenue recovery. The addition of this property tax management program to the City’s financial tools will benefit the City with the ability to fine-tune property tax revenue estimates which are used as one source of General Fund revenue to balance out General Fund expenditures through the annual budgeting process.

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

HdLCC currently provides ongoing services to over 240 California agencies in the areas of property tax management, audit, and information services. The company maintains annual Stanislaus County property tax records that date back to 2002 and maintains a current Stanislaus County database. HdLCC has working relationships with the Stanislaus County property tax team and is familiar with the County of Stanislaus through already established databases and developed audit techniques.

Through the Property Tax Consulting/Audit Services Agreement with HdLCC, the City will have an established property tax management process that will contain methods to verify property tax revenues and potentially increase property tax revenues, and estimated revenues, through an established system of continual monitoring, identification, and reconciliation to county records.

Some of the benefits the City will gain through the HdLCC Property Tax Consulting/Audit Services Agreement are:
• Listings of property transfers and listings of major property owners in the City, including the assessed property value
• Property tax revenue estimates to be received during the fiscal year • One and five-year budget projections for property tax revenue which goes into the General Fund
• HdLCC web-based software application to access the City’s property tax data • Ability to use the software for property tax revenue projections with the ability to estimate the property tax revenue generated by new subdivisions, or by specific geo regions within the City
Fiscal Impact:

The annual contract amount for the Agreement for Property Tax Consulting/Audit Services with HdL Coren & Cone is $5,650.00. This amount has been accounted for in the Preliminary FY 2022-23 budget from Fund 100, Department 1025 (General Fund-Finance).

CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2022-35

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

THE AGREEMENT FOR PROPERTY TAX CONSULTING/AUDIT SERVICES WITH

HDL COREN & CONE FOR PROPERTY TAX MANAGEMENT, AUDIT AND

INFORMATION SERVICES
WHEREAS, property tax revenues can be verified and potentially increased through a system of continuous monitoring, identification and reconciliation to county records; and
WHEREAS, an effective program of property tax management will assist the City of Hughson in fiscal, economic and community development planning; and WHEREAS, the City desires the property tax data-based reports and data analysis required to effectively manage the City property tax base and identify and recover revenues misallocated within the City, or to other jurisdictions; and WHEREAS, HdL Coren and Cone is a state-wide expert in such data analysis with over 240 public agency clients for whom such services are performed and has the programs, equipment, data and personnel required to deliver the property tax services referenced herein; and
WHEREAS, the City desires to enter into an agreement for such services with HdL Coren and Cone.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby approve the Agreement with HdL Coren and Cone for property tax consulting/audit services, attached hereto as “Attachment A”, 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 25th day of July 2022 by the following roll call vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
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»
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APPROVED:
______________________
GEORGE CARR, Mayor
ATTEST:
_____________________________
ASHTON GOSE, Deputy City Clerk
01089/0001/61175.03

CITY OF HUGHSON

AGREEMENT FOR PROPERTY TAX

CONSULTING/AUDIT SERVICES
This AGREEMENT (the “Agreement”) is made and entered into as of the _____ day of __________, 2022 by and between the CITY OF HUGHSON, a municipal corporation hereinafter called CITY, and HdL Coren & Cone, a California Corporation hereinafter called CONTRACTOR.

RECITALS
WHEREAS, property tax revenues can be verified and potentially increased through a system of continuous monitoring, identification and reconciliation to county records; and WHEREAS, an effective program of property tax management will assist the CITY in fiscal, economic and community development planning; and WHEREAS, CITY desires the property tax data based reports and data analysis required to effectively manage the CITY property tax base and identify and recover revenues misallocated within the CITY, or to other jurisdictions; and
WHEREAS, CONTRACTOR is a state-wide expert in such data analysis with over 240 public agency clients for whom such services are performed and has the programs, equipment, data and personnel required to deliver the property tax services referenced herein; WHEREAS, CITY prefers to pay for certain of such services through a contingency arrangement where payment is made from monies recovered and CONTRACTOR is willing to base its compensation on such a risk-based formula.

NOW, THEREFORE, CITY and CONTRACTOR, for the consideration hereinafter described, mutually agree as follows:

1.0 DEFINITIONS
For purposes of this Agreement, the following terms shall have the meaning stated below:

Audit Review: “Audit” or “Audit Review” shall mean the comparison of databases to ensure that parcels are correctly coded with the appropriate tax rate area to return revenue to the client city. Audits include the secured and unsecured tax rolls and where secured records are corrected; the corresponding unsecured records related to those properties are also corrected. A review of the calculation methodologies developed by auditor/controller offices in the administration of property tax is made to ensure compliance. New annexations are audited the 1st or 2nd year after the area’s adoption due to the timing of LAFCO and the State Board of Equalization in assigning new tax rate areas and county processing of those changes.
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County: “County” shall mean the County in which the CITY is located.

Data Base: “Data Base” shall mean a computerized listing of property tax parcels and information compiled for CITY from information provided by the County.

Days: “Days” shall mean calendar days.

Property Tax Roll: “Property Tax Roll” shall mean the assessed values of parcels on the secured and unsecured lien date rolls as reported by the County.

Proprietary Information: “Proprietary Information” shall be the reports, technical information, compilations of data, methodologies, formula, software, programs, technologies and other processes previously designed and developed by CONTRACTOR and used in the performance of the services hereunder.

Successor Agency: “Successor Agency” means the City's administration pursuant to Section 34176 of the Health and Safety Code of the former community redevelopment agency of CITY).

Recovered/Reallocated Revenue: “Recovered or Reallocated Revenue” shall mean additional revenue received as a result of an audit or review of properties submitted for correction or for corrections due erroneous calculations or incorrect methods of distributing revenue discovered by the CONTRACTOR and then made by county agencies which result in a return of additional revenue to the AGENCY. Reviews of AGENCY administered pass throughs are performed to ensure the correctness of distributions being made to participating agencies.

Scope of Services: “Scope of Services” shall mean all of the Base Services specified in Section 2.0, the Optional Services in Section 3.0, the Additional Services in Section 4.0, or any other services rendered hereunder.

TRA: “Tax Rate Area” shall mean the area subject to the tax rate.

2.0 BASE SERVICES
The CONTRACTOR shall perform all of the following duties as part of the Base Services provided hereunder, unless otherwise specified in writing by the Contract Officer:

2.1 Analysis And Identification Of Misallocation Errors (Contingent Fee)
(a) In the first year of this Agreement, and as necessary thereafter but not less than once every five (5) years, CONTRACTOR shall conduct an analysis to identify and verify in the CITY parcels on the secured Property Tax Roll which are not properly attributed to the CITY, and will provide the correct TRA designation to the proper County agency. Typical errors include parcels assigned to incorrect TRAs within the CITY or an adjacent city, and TRAs allocated to wrong taxing agencies. 3 01089/0001/61175.03
(b) CONTRACTOR shall annually reconcile the annual auditorcontroller assessed valuations report to the assessor's lien date rolls and identify discrepancies.
(c) CONTRACTOR shall annually review parcels on the unsecured Property Tax Roll to identify inconsistencies such as value variations, values being reported to a mailing address rather than the situs address, and errors involving TRAs (to the extent records are available).
(d) CONTRACTOR may audit general fund or tax increment property tax revenue or other revenues attributable to the CITY departments, districts, (including but not limited to base year value audits; administration of tax sharing agreements; tax increment allocation reviews; county allocation and payments reviews).

2.2 Annual Services (Fixed Fee)
Annually, after the Property Tax Roll is available:
(a) CONTRACTOR shall establish a Data Base for CITY available through CONTRACTOR’S online property tax application
(b) Utilizing the Data Base, CONTRACTOR will provide:
(1) A listing of the major property owners in the CITY, including the assessed value of their property.
(2) A listing of the major property tax payers, including an estimate of the property taxes.
(3) A listing of property tax transfers which occurred since the prior lien date.
(4) A listing of parcels that have not changed ownership since the enactment of Proposition XIIIA.
(5) A comparison of property within the CITY by county-use code designation.
(6) A listing by parcel of new construction activity to identify non-residential parcels with new construction activity and to provide reports for use in the CITY's preparation of Gann (Propositions 4 and 111) State Appropriation Limit calculations.
(7) A listing of multiple owned parcels.
(8) A listing of absentee owner parcels.
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(9) Calculate an estimate of property tax revenue anticipated to be received for the fiscal year by the CITY. This estimate is based upon the initial information provided by the County and is subject to modification. This estimate shall not be used to secure the indebtedness of the CITY. (10) Development of historical trending reports involving taxable assessed values for the CITY, median and average sales prices, foreclosure activity and related economics trends.
(11) Upon written request, analyses based on geographic areas designated by the CITY to include assessed valuations and square footage computations for use in community development planning. (12) One and five-year budget projections for the city general fund and special districts. This report is interactive for tax modeling.

2.3 Successor Agency Services
Successor Agency Services including but not limited to:
(a) Annual tax increment projections and, as requested, cash flow analysis for the Successor Agency by Project Area
(b) Review of Redevelopment Obligation Payment Schedules (ROPS) as requested.
(c) Provide property tax information to the Oversight Board at the direction of the Successor Agency
(d) Provide access to the Oversight Board to City and former redevelopment agency documents at the direction of the Successor Agency (e) Monitor the County distribution of tax-sharing revenues to the taxing entities of the former redevelopment agency
(f) Advice and consultation on the City/Successor Agency’s preparation of required reports, such as revenue projections; review of Recognized Obligation Payment Schedules (ROPS), submittals to the Oversight Board and/or County or State agencies, and new or revised legislative requirements
(g) Analysis of legislative and judicial matters impacting Redevelopment Property Tax Trust Fund (RPTTF) revenues to the Successor Agency and to the City.

2.4 Quarterly Services/Monthly Services (Fixed Fee)
The CONTRACTOR shall perform the following services quarterly:
(a) A listing of property tax appeals filed on properties in the CITY (selected counties).
(b) A listing of property transfers that have occurred since the last report.
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(c) Monthly update of CONTRACTOR’S web-based software
program to include parcel transfer data and, in select counties, appeal updates.

2.5 On-Going Consultation (Fixed Fee)
During the term of this Agreement, CONTRACTOR will serve as the CITY's resource staff on questions relating to property tax and assist in estimating current year property tax revenues.

On-going consultation would include, but not be limited to, inquiries resolved through use of the CITY's data base.

3.0 OPTIONAL SERVICES
The following services are available on a time and materials basis:

3.1 Specified Data
Generation of specialized data-based reports which would require additional programming, the purchase of additional data, costs for county staff research, or similar matters not necessary to carry out services outlined in Section 2.0.

3.2 County Research
Any research with County agencies for which CONTRACTOR does not have a current database.

3.3 Bond Services
Bond services are available for a fixed negotiated fee, including:
(a) Tax Allocation Bonds fiscal consultant reports
(b) Mello-Roos Special Tax studies

3.4 Additional Meetings Requested
Meetings in excess of the annual meeting to review the analysis of property tax data, trending information, and other findings with AGENCY shall be considered an Optional Service.

4.0 ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any material adjustment in the contract and/or the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to $75,000, or in the time to perform of up to one hundred eighty 6 01089/0001/61175.03
(180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein.

5.0 OBLIGATIONS OF THE PARTIES WITH RESPECT TO SERVICES

5.1 City Materials and Support
CITY agrees to provide the following information:

1. Current CITY maps and zoning map;

2. A copy of reports received by the CITY annually from the AuditorController's office detailing assessed values (secured, unsecured and utilities), as well as unitary values for reconciliation analysis;

3. Parcel listing and maps of CITY parcel annexations since the lien date roll;

4. A listing of completed new construction projects with Assessor's map book, page and parcel numbers (APN) for proper identification and tracking for two years prior to the date of this Agreement. If the data does not include the APN information, CONTRACTOR will research this information at an additional cost;

5. A listing of the CITY levies assessment districts and direct assessments.

5.2 Compliance with Law
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered.

5.3 License, Permits, Fees and Assessments
CONTRACTOR shall obtain such licenses, permits and approvals (collectively the “Permits”) as may be required by law for the performance of the services required by this Agreement. CITY shall assist CONTRACTOR in obtaining such Permits, and CITY shall absorb all fees, assessments and taxes which are necessary for any Permits required to be issued by CITY.

5.4 Further Responsibilities of Parties
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
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6.0 CONSIDERATION

6.1 Base Fixed Fee Services
CONTRACTOR shall provide the Base Services described in Section 2.0 above, for a fixed annual fee of $5,650.00 (invoiced quarterly).

The Base Fixed Fee shall be adjusted annually by the California Consumer Price Index (CCPI) for all items as determined by the California Department of Industrial Relations as measured February to February by the California All Urban Consumers index.

6.2 Base Contingent Fee Services
For Base Services pursuant to Section 2.1 which are payable on a contingent basis, CONTRACTOR shall receive 25 percent of net general fund attributable to CITY departments, districts, or funds recovered or reallocated which are directly or indirectly the result of an audit, analysis or consultation performed by CONTRACTOR (including but not limited to base year value audits; administration of tax sharing agreements; tax increment allocation reviews; county allocation reviews). CONTRACTOR shall separate and support said reallocation and provide CITY with an itemized invoice showing all amounts due as a result of revenue recovery or reallocation. CITY shall pay audit fees after Contractor's submittal of evidence that corrections have been made by the appropriate agency. Payment to CONTRACTOR shall be made within thirty (30) days after CITY receives its first remittance advice during the fiscal year for which the correction applies.

6.3 Optional Services
Fees for Optional Services as outlined in Services in Section 3.0 above (except Section 3.3) shall be billed at the following hourly rates:

Partner $250 per hour
Principal $225 per hour
Programmer $200 per hour
Associate $175 per hour
Senior Analyst $125 per hour
Analyst $ 90 per hour
Administrative $ 70 per hour
Hourly rates are exclusive of expenses and are subject to adjustment by CONTRACTOR annually. On July 1st of each year CONTRACTOR shall provide CITY with an updated schedule of hourly rates. The rates will not be increased by more than five percent (5%) per year.

6.4 Fees for Bond Services
Services under Section 3.3 above will be determined depending upon the complexity of the bond issue and the time available for completion of the task and will be mutually agreed to be the parties.
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6.5 Indirect Expenses
Except as specified above, no other charges shall be made for direct or indirect expenses incurred by CONTRACTOR in performing the services in the Scope of Services including for administrative overhead, salaries of CONTRACTOR’S employees, travel expenses or similar matters.

6.6 Due Date
All fees are due 30 days immediately following billing. All amounts that are not paid when due shall accrue interest from the due date at the rate of one percent per month (12% per annum).

7.0 TERM PERFORMANCE SCHEDULE

7.1 Time of Essence
Time is of the essence in the performance of this Agreement.

7.2 Schedule of Performance
CONTRACTOR shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “A”, and incorporated herein by this reference. When requested by the CONTRACTOR, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

7.3 Force Majeure
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified.

7.4 Term
Unless earlier terminated in accordance with Section 11.6 of this Agreement, this Agreement shall continue in full force and effect for five (5) years, and, unless a notice of termination is given on the fourth anniversary date, shall be automatically extended from year to year until and such notice shall be given.
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8.0 COORDINATION OF WORK

8.1 Representative of Contractor
The following principals of CONTRACTOR are hereby designated as being the principals and representatives of CONTRACTOR authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Nichole Cone-Morishita
HdL COREN & CONE
120 S State College Boulevard, Suite 200
Brea, California 92821
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for CITY to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of CONTRACTOR and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by CONTRACTOR without the express written approval of CITY.

8.2 Contract Officer
The Contract Officer shall be such person as may be designated by the City Manager of CITY. It shall be the CONTRACTOR’S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONTRACTOR shall refer any decisions which must be made by CITY to the Contract Officer. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer.

The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of this Agreement.

8.3 Prohibition Against Subcontracting or Assignment
The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement.

Therefore, CONTRACTOR shall not contract with any other entity to perform in whole or in part the services required hereunder without the prior express written approval of the CITY. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than fifty percent (50%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express written consent of CITY.

8.4 Independent Contractor
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Neither the CITY nor any of its employees shall have any control over the manner, mode or means by which CONTRACTOR, its agents or employees, perform the services required herein, except as otherwise set forth herein. CITY shall have no voice in the selection, discharge, supervision or control of CONTRACTOR’S employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONTRACTOR shall perform all services required herein as an independent CONTRACTOR of CITY and shall remain at all times as to CITY a wholly independent CONTRACTOR with only such obligations as are consistent with that role. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of CITY. CITY shall not in any way or for any purpose become or be deemed to be a partner of CONTRACTOR in its business or otherwise or a joint venturer or a member of any joint enterprise with CONTRACTOR.

9.0 INSURANCE AND INDEMNIFICATION

9.1 Insurance
The CONTRACTOR shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to CITY, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. The policy of insurance shall be in an amount not less than either (i) a combined single limit of $1,000,000 for bodily injury, death and property damage or (ii) bodily injury limits of $500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500,000 per occurrence and $500,000 in the aggregate.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the CONTRACTOR in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250,000 per person and $500,000 per occurrence and property damage liability limits of $100,000 per occurrence and $250,000 in the aggregate or (ii) combined single limit liability of $500,000. Said policy shall include coverage for owned, non-owned, leased and hired cars.
(d) Errors and Omissions (Professional Liability). A policy of professional liability issuance written on a claims-made basis in an amount not less than One Million Dollars ($1,000,000).
(e) General Requirements. All of the above policies of insurance shall be primary insurance and shall name the CITY, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the CITY, its officers, employees and agents and their respective insurers. All of said policies of 11 01089/0001/61175.03
insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the CITY. In the event any of said policies of insurance are cancelled, the CONTRACTOR shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 9.0 to the Contract Officer. No work or services under this Agreement shall commence until the CONTRACTOR has provided the CITY with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the CITY.

9.2 Indemnification
CONTRACTOR agrees to indemnify the CITY, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of CONTRACTOR, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of CONTRACTOR hereunder, or arising from CONTRACTOR’S negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the CITY, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the CITY, its officers, agents or employees, who are directly responsible to the CITY.

9.3 Sufficiency of Insurer or Surety
Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the CITY due to unique circumstances. In the event the Risk Manager of CITY (“Risk Manager”) determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the CITY, the CONTRACTOR agrees that the minimum limits of the insurance policies and the performance bond required by this Section 9.0 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the CONTRACTOR shall have the right to appeal a determination of increased coverage by the Risk Manager to the CITY Council of CITY within 10 days of receipt of notice from the Risk Manager.

10.0 RECORDS AND REPORTS

10.1 Reports
CONTRACTOR shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.
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10.2 Records
CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

10.3 Non-Disclosure of Proprietary Information
In performing its duties under this Agreement, CONTRACTOR will produce reports, technical information and other compilations of data to CITY. These reports, technical information and compilations of data are derived by CONTRACTOR using methodologies, formulae, programs, techniques and other processes designed and developed by CONTRACTOR at a substantial expense. CONTRACTOR'S reports, technical information, compilations of data, methodologies, formulae, software, programs, techniques and other processes designed and developed by CONTRACTOR shall be referred to as Proprietary Information. CONTRACTOR'S Proprietary Information is not generally known by the entities with which CONTRACTOR competes.

CONTRACTOR desires to protect its Proprietary Information. Accordingly, CITY agrees that neither it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will at any time during or after the term of this Agreement, directly or indirectly use any of CONTRACTOR'S Proprietary Information for any purpose not associated with CONTRACTOR'S activities. Further, CITY agrees that it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will disseminate or disclose any of CONTRACTOR'S Proprietary Information to any person or organization not connected with CONTRACTOR, without the express written consent of CONTRACTOR. The CITY also agrees that consistent with its obligations under the California Public Records Act and related disclosure laws, it will undertake all necessary and appropriate steps to maintain the proprietary nature of CONTRACTOR'S Proprietary Information.

Subject to the provisions of Section 10.4 below, any use of the Proprietary Information or any other reports, records, documents or other materials prepared by CONTRACTOR hereunder for other projects and/or use of uncompleted documents without specific written authorization by the CONTRACTOR will be at the CITY’s sole risk and without liability to CONTRACTOR, and the CITY shall indemnify the CONTRACTOR for all damages resulting therefrom.

10.4 Release of Documents Pursuant to Public Records Act Notwithstanding any other provision in this Agreement, all obligations relating to disclosure of Proprietary Information remain subject to the Freedom of Information Act or California Public Records Act, Cal. Gov’t Code §§ 6250 et seq. (collectively, the “PRA”). The Parties intend that if CITY is served with a request for disclosure under the PRA, or any similar statute, the CITY in good faith will make the determination as to whether the material is disclosable 13 01089/0001/61175.03
or exempt under the statute, and shall resist the disclosure of Proprietary Information which is exempt from disclosure to the extent allowable under the law. CITY shall advise CONTRACTOR in writing five (5) days prior to the intended disclosure of any decision to disclose Proprietary Information, and the reasons therefore, and if CONTRACTOR then timely advises CITY in writing that it objects to the disclosure, CITY shall not disclose the information. In such case, CONTRACTOR shall then be solely liable for defending the non-disclosure and shall indemnify and hold CITY harmless for such nondisclosure.

11.0 ENFORCEMENT OF AGREEMENT

11.1 California Law
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

11.2 Disputes
In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit CITY’s or the CONTRACTOR’S right to terminate this Agreement without cause pursuant to Section 11.6.

11.3 Waiver
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

11.4 Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or 14 01089/0001/61175.03
different times, of any other rights or remedies for the same default or any other default by the other party.

11.5 Legal Action
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

11.6 Termination Prior to Expiration of Term
This Section shall govern any termination of this Agreement. The Parties reserve the right to terminate this Agreement at any time, with or without cause, upon forty-five (45) days’ written notice to the non-terminating party, except that where termination is for cause, the Parties will comply with the dispute resolution process in Section 11.2. Upon issuance of any notice of termination, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. The CONTRACTOR shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 11.2.

11.7 Attorneys’ Fees
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

12.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

12.1 Non-liability of CITY Officers and Employees
No officer or employee of the CITY shall be personally liable to the CONTRACTOR, or any successor in interest, in the event of any default or breach by the CITY or for any amount which may become due to the CONTRACTOR or to its successor, or for breach of any obligation of the terms of this Agreement.
15 01089/0001/61175.03

12.2 Conflict of Interest
No officer or employee of the CITY shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The CONTRACTOR warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

12.3 Covenant Against Discrimination
CONTRACTOR covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

13.0 MISCELLANEOUS PROVISIONS

13.1 Notice
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail addressed as follows:

CITY CITY OF HUGHSON
7018 Pine Street | P.O. Box 9
Hughson, California 95326
CONTRACTOR: HdL COREN & CONE
120 S State College Boulevard, Suite 200
Brea, California 92821
Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventytwo (72) hours from the time of mailing if mailed as provided in this Section.

13.2 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 16 01089/0001/61175.03

13.3 Integration; Amendment
It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

13.4 Severability
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

13.5 Corporate Authority
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CONTRACTOR:

HdL COREN & CONE
A California Corporation
i~.~ e(1~
Nichole Cone-Morishita, CFO
APPROVED AS TO FORM:
,•lnN )110 1 611 75.U3

CITY OF HUGHSON
City Manager
17 01089/0001/61175.03
EXHIBIT “A”

SCHEDULE OF PERFORMANCE

TIMELINE FOR DELIVERABLES
July/August Data available for purchase from counties
September 30 Data available on HdLCC’s web-based property tax application September-October Unsecured audits performed and forwarded to county assessor October Appeals quarterly updates emailed in counties where the data is available October-February Delivery of preliminary property tax reports January Appeals quarterly updates emailed in counties where the data is available March/April General Fund Budget Projections
April Appeals quarterly updates emailed in counties where the data is available April/May Final Books – Addendums emailed to clients
July Appeals quarterly updates emailed in counties where the data is available Ongoing Secured Audits – City
Property sales reports
City and Successor Agency mid-year budget reviews and budget projections
Analytical work at the request of clients
Monthly updates of database with property sale information Meeting Date: July 25, 2022
Subject: Adopt Resolution No. 2022-36, Approving the Agreement for Special Services with Liebert Cassidy Whitmore
Allowing the City to Become Part of the San Joaquin
Valley Employment Relations Consortium
Enclosure: Agreement for Special Services
Presented By: Anna Nicholas, Director of Finance & Admin. Services Approved By: ____________________________
City Manager
Staff Recommendation:

1. Adopt Resolution No. 2022-36, approving the Agreement for Special Services with Liebert Cassidy Whitmore allowing the City to become part of the San Joaquin Valley Employment Relations Consortium.

2. Authorize the City Manager to execute the Agreement for Special Services with Liebert Cassidy Whitmore on an annual basis to maintain membership in the Consortium.

Background and Overview:

City staff continually seek out opportunities for enriched training opportunities for employees. Liebert Cassidy Whitmore hereinafter referred to as LCW, is a wellknown employment law firm in the state of California. In addition to legal representation, the firm offers training and education for organizations across the state. LCW has created Employment Relations Consortiums, hereinafter referred to as ERC, so like agencies within specific geographic regions can pool their resources with the purpose of securing quality employment relations training. To make highquality and fiscally prudent training opportunities available to the City, staff have identified the LCW San Joaquin Valley ERC to be a beneficial membership agreement that will provide the City with employment relations training and other benefits as outlined in the discussion.

CITY COUNCIL AGENDA ITEM NO. 3.4
SECTION 3: CONSENT CALENDAR
Discussion:

Through the formation of thirty-five consortiums in the state, LCW can provide quality training to member agencies on a variety of employment relations topics. These training are useful for human resource professionals, supervisors, and managers.

The nearest consortium for the City is the San Joaquin Valley ERC. The consortium has twenty-four member agencies from the San Joaquin Valley region representing different cities, counties, and special districts.

Some of the benefits the City will gain through the ERC membership are:
• Discounted pricing for webinars and seminars
• The LCW monthly newsletter
• Unlimited, complimentary telephone consultations with LCW attorneys • Ability to attend other consortiums’ workshops at no to minimal charge • Four full days of training on topics such as Supervisor’s Guide to Understanding and Managing Employees’ Rights, Difficult Conversations, and Supervisor’s Guide to Public Sector Employment Law, of which any number of the member agency’s employees can attend
Each consortium holds an annual planning meeting to determine which trainings will be most beneficial to the member agencies for the upcoming fiscal year. The City will have direct input each year through the planning process as a member of the San Joaquin Valley ERC. The membership in the consortium will provide the City the ability to participate in a broader range of training topics by pooling costs as a regional group and allow the City access to critical changes in employment law through the newsletter updates. In addition, this membership will support the City’s continued efforts to foster employee development which helps with employee retention and overall better risk management practices by having a well-trained workforce. Should the City need to retain Liebert Cassidy Whitmore for any additional services that they offer, it will be under a separate agreement.

Fiscal Impact:

The annual fee for membership in the Liebert Cassidy Whitmore San Joaquin Valley Employment Relations Consortium is $2,690. This amount has been accounted for in the Preliminary FY 2022-23 budget from Fund 100, Department 1030 (General Fund-Human Resources).

CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2022-36

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

THE AGREEMENT FOR SPECIAL SERVICES WITH LIEBERT CASSIDY WHITMORE

ALLOWING THE CITY TO BECOME PART OF THE SAN JOAQUIN VALLEY

EMPLOYMENT RELATIONS CONSORTIUM
WHEREAS, the City of Hughson has a need to secure expert training and consulting services, which are outside the Agency’s usual course of business, to assist the Agency in its workforce management and employee relations; and WHEREAS, the City has determined that no less than twenty-three (23) public agencies in the San Joaquin Valley area have the same need and have agreed to enter into agreements with Liebert Cassidy Whitmore and have pooled resources through geographic consortiums; and
WHEREAS, Liebert Cassidy Whitmore is experienced and qualified to perform the special services desired by the City and is willing to perform such services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby approve the Agreement with Liebert Cassidy Whitmore for special services, attached hereto as “Attachment A”, 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 25th day of July 2022 by the following roll call vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
______________________
GEORGE CARR, Mayor
ATTEST:
_____________________________
ASHTON GOSE, Deputy City Clerk
HUO30
AGREEMENT FOR SPECIAL 8ERVICES
Tliis Agreement is entered into between tlie City of Hughson, A Municipal Corporation, hereinafter referred to as "Ag,ency," and the law firin of LIEBBRT CASSIDY WH{TMORF,, A Professional Corporation, hereinafter referred to as "Attorney."
WHEREAS Agency lias the need to secure expert training and consulting services to assist Agency in its workforce management and employee relations; and
WHEREAS Agency lias detern'iined that no less than twenty-tliree (23) public agencies in tlie San Joaquii'i Valley area have the same need and have agreed to enter into identical agreements with Attorney; and WHEREAS Attorney is specially experienced and qualified to perform the special services desired by the Agency and is willing to perform such services;
NOW, THEREFORE, Agency and Attorney agree as follows;
Attorney's Services:

During the year beginning July 1, 2022, Attorney will provide the following services to Agency (and tlie otlier aforesaid public agencies):

Four (4) days of group training workshops covering such employment relations subjects as management rights and obligations, negotiation strategies, employment discrimination and affirmative action, employment relations from the perspective of elected officials, perforinance evaluation (administering evahiations), grievance and discipline adtninistration for supervisors and managers, planning for and responding to concerted job actions, current court, administrative and legislative developments ii'i personnel adininistration and employment relations, etc., with the specific subjects covered and lengths of individual worksl'iop preseritations to be determined by Agency ai'id the other said local agencies.

Jt is expressly understood that the material used during these presentations, incltiding written handouts and projected power points are provided solely for tlie contracted worlcshops. This agreement warrants there will be no future use of Liebert Cassidy Whitmore material in other trainings or formats without tlie expressed written permission of Liebeit Cassidy Whitmore. Any such use will constitute a violation of this agreement and copyright provisions.

Availability of Attorney for Agericy to consult by telephone. Consortium calls cover questions that the attorney can answer quickly with little research. Tliey do not include the review of documents, in depth rescarch, written responses (Iike an opinion letter) or advice on on-going legal matters. Tlie caller wil] be informed if the question exceeds tlie scope of consortium calls. Sliould tlie caller request, the attorney can assist on items that fall outside the service, but these matters wiH be billed at the attorney's hourly rate. (See additional services section.)
Providing of a monthly newsletter covering employn'ient relations developments.

Attorney will provide these special services to Agency for a fee of Two Tliousand Six Hundred Ninety Dollars ($2,690.00) payable in one payment prior to August 1, 2022. The fee, if paid after August ], 2022 will be $2,790.00. 10126653.1ERO20-016
HUO30
Said fee will cover Attorney's time in providing said training aim consriltative services and tlie developinent and printing of svrittei'i materials provided to attendees at tlie training prograins.

Additional Services:

Attorney shall, as and wlten requested by Agency, inake itself available to Agency to provide representatioi'ial, litigation, and otlier einployinei'it relatioi'is services. T)'ie Agency tvill be billed for tlie actual tiine sucl'i representation services are rendered, including reasonable travel time, plus any necessary costs and expenses autliorized by tlie Agency.

The range of horirly i-ates for Attorney tii'ne is from Two Hundred Foity to Four Hundred Twenty-Five Dollars ($240.00 - $425.00) per liour for attorney staff, Two l-nindred Seventy Dollars ($270.00) per liour for Labor Re)ations/HR Consultant and froi'n One Hundred Foity-Five to One Hundred Eiglity-Five Dollars ($145.00 - $185.00) per liour for services provided by paraprofessional and litigation stipport staff. Attori'ieys, paraprofessiona! and litigation srippoit staff bill tlieir tiine in ininiinuin units of one-tentli of an liour. Attorney reviews its liourly rates on ai'i annual basis and if appropriate, adjusts tl'iei'ii effective July ).

Independent Contractor:

It is understood ai'id agreed tliat Attorney is and sliall reinain an iimepei'ident contractor undei- tliis Agreeinent.

Tlie tern'i of tliis Agreeinent is tivelve (12) inontlis coinmencing July 1, 2022. Tl'ie terin inay be extended roiadditional periods of time by tlie written consent of tlie paities.

Condition Precedent:

It is understood and agreed tliat tlie paities' aforesaid rig)its ai'id obligations are contingent on no less tlian twenty-tliree (23) local agei'icy einployers entering into a substantially identical Agreei'iient witli Attorney on or about July 1, 2022.

LIEBERT CASSIDY WHITMORE
A Professional Corporation

CITY OF HUGHSON
A Municipal Corporation
B)-:

J. Scoff Ta emann / Managuig Parti'ier
B7:

Name:

Date: '[1(2V Title:

Date:
10126653.1 [ERO20-016
Meeting Date: July 25, 2022
Subject: Adopt Resolution No. 2022-37, Confirming Special Tax Assessments and Levying Special Tax Assessments for
Fiscal Year 2022-23 for the Province Place Community
Facilities District within the City of Hughson
Presented By: Anna Nicholas, Director of Finance & Admin. Services Approved By: _________________________
City Manager
Staff Recommendations:

1. Adopt Resolution No. 2022-37, Approving the Special Tax Assessments and levying the Special Tax Assessments for Fiscal Year 2022-23, for the Province Place Community Facilities District.

2. Direct the Harris & Associates Assessment Engineer to file, or cause to be filed, a certified copy of said Resolution and the report for the Province Place Community Facilities District with the Stanislaus County Tax Collector.

Background and Discussion:

The City of Hughson utilizes special financing districts to provide various services and improvements to property owners within the City. The three different types of assessment districts are Landscaping and Lighting Districts (LLD), Benefit Assessment Districts (BAD), and one Community Facility District (CFD).

Each LLD is formed, and the annual assessments are levied, pursuant to the Lighting and Landscaping Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the 1972 Act). The BADs are formed, and annual assessments are levied, pursuant to the Benefit Assessment Act of 1982 (the 1982 Act), Part 1 of Division 2 of the California Government Code. The Community Facilities District was formed, and the annual assessment is levied, pursuant to the Mello-Roos Community Facilities Act of 1982, Part 1 of Division 2 of the 2014 California Government Code (the Act).

CITY COUNCIL AGENDA ITEM NO. 3.5
SECTION 3: CONSENT CALENDAR
The City of Hughson has a Professional Service Agreement with Harris & Associates for the administration of the City’s 23 assessment districts: (1) CFD, (15) LLD, and (7) BAD. This agreement includes administrative and engineering services. The annual assessments for the LLDs and BADs are conducted over the course of two City Council meetings, one of which includes a public hearing. The CFD does not require a public hearing and the special tax assessments and the directing of filing the special tax assessments can be set by resolution.

Along with Harris & Associates, the City annually reviews the anticipated costs of maintaining each district for the next fiscal year; establishes assessments attributable to each parcel; and requires a specific assessment amount to be levied through the County property tax roll upon Council approval. Harris & Associates and City staff determined that it would be appropriate to limit changes to the current district budgets based on fiscal necessity. Typically, staff reviews the prior year’s budget items, the current fund balances, anticipated expenditures, and the allowable assessment amounts, and incorporates any necessary adjustments for the CFD.

The proposed assessments and levies are based on the historical and estimated costs of providing services to maintain the improvements that provide a direct and special benefit to properties within each respective district. Once Council approves the levy and the collection of the assessments, the information will be submitted to the County Auditor-Controller in August 2022, to be included on the Tax Roll for each benefiting parcel for Fiscal Year 2022-23.

Annual Inflationary Adjustment:

The February Consumer Price Index (CPI) is used to determine the Maximum Assessment Rate each year. The February 2022 CPI was 5.12% (rounded).

Increases to the annual assessment and levy are indexed to the Consumer Price Index plus three percent based on the U.S. Department of Labor, Bureau of Labor Statistics, reported by the San Francisco/Oakland/San José Urban Wage Earners and Clerical Workers increase. This will annually establish the new inflation-adjusted maximum assessment that may be levied without the necessity of conducting a Proposition 218 ballot proceeding. Although the maximum rate is likely to increase each year, the actual amount to be assessed is based on the annual budget and may be less than the maximum rate.

Fiscal Impact:

The Province Place Community Facilities District provides the City of Hughson with funding annually for specific services and improvements to properties within its respective approved boundary which goes towards the cost of labor, administration, utilities, equipment, materials, and preparation of the annual budget and tax levy.

For Fiscal Year 2022-23, annual assessments are set at $492.74 per parcel in the CFD, with an estimated total amount of $19,126, to be collected (Resolution-Exhibit A).

The cost for Professional Services (for LLDs, BAD, and CFD) through Harris & Associates is budgeted annually at $13,605 for the fiscal year.

CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2022-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON ESTABLISHING

THE ANNUAL SPECIAL TAX FOR THE CITY OF HUGHSON, PROVINCE PLACE COMMUNITY FACILITIES DISTRICT, 2017 FOR FISCAL YEAR 2022/23 WHEREAS, the Hughson City Council (hereafter referred to as the “legislative body”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a special tax district, all as authorized pursuant to the terms and provisions of the “Mello Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. Said special tax district is known and designated as Province Place Community Facilities District 2017 (hereafter referred to as the “District”) and,
WHEREAS, the legislative body, by ordinance and as authorized by Section 53340 of the California Government Code, has authorized the levy of a special tax to pay the costs and expenses related to the District and this legislative body desires to establish the specific special tax rate to be collected for the upcoming fiscal year.

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE LEGISLATIVE BODY AS FOLLOWS:

Section 1 That the above recitals are true and correct.

Section 2 The maximum special tax rate to be collected for the District for Fiscal Year 2022/23 is hereby determined and established in the table below. A listing of individual parcels, showing the corresponding special tax rate, is attached hereto as “Exhibit A”.

TYPE SPECIAL TAX RATE
Building Permit Issued as of June 1 Max. Tax = $628.61 per Parcel Building Permit Issued as of June 1 Actual Tax = $492.74 per Parcel Building Permit Not Issued as of June 1 N/A*
*All building permits have been issued as of June 1, 2020.

Section 3 That the special tax rate shall be increased in an amount not to exceed the annual increase in CPI for the month of February, plus 3%.

Section 4 That the special tax rate as set forth above does not exceed the amount as previously authorized by ordinance of this legislative body and is not in excess of that as previously approved by the qualified electors of the District, and is in compliance with Proposition 218, Section XIII D of the Constitution of the State of California.

Section 5 That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following:

Preliminary and Incidental Expense and Appurtenant Work and Improvements – the authorized facilities shall be deemed to include the costs and expenses of the following:
• Street maintenance and repairs including curbs, gutters, sidewalks and ramps. • Municipal Utilities Infrastructure.
• Parks.
• Street Lights – maintenance and electrical/utility costs. • Storm Drain facilities including manhole covers, catch basins, pipes, drains, and treatment of storm water run-off.
• Landscaping – only collected should the Province Place HOA fail. • Police services.

The proceeds of the special tax shall be used as set forth above and shall not be used for any other purpose.

Section 6 The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting said special taxes.

Section 7 All monies collected shall be paid into a fund for the District, including any reserve fund amounts.

Section 8 The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public services” or “special tax” or by any other suitable designation, the installment of the special tax and the exact rate of the special tax as stated above.

Section 9 The County Auditor shall then, at the close of the tax collection period, promptly render to the City of Hughson, a detailed report showing the amount(s) of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making such collection.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 25th day of July, 2022 by the following roll call vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT: »
»
»
»
APPROVED:
___
GEORGE CARR, Mayor
ATTEST:

ASHTON GOSE, Deputy City Clerk

EXHIBIT A
2022/23 SPECIAL TAX RATES BY PARCEL
APN
Building
Status
Special
Tax Levy
180-094-001 Developed $492.74
180-094-002 Developed $492.74
180-094-003 Developed $492.74
180-094-004 Developed $492.74
180-094-005 Developed $492.74
180-094-006 Developed $492.74
180-094-007 Developed $492.74
180-094-008 Developed $492.74
180-094-009 Developed $492.74
180-094-010 Developed $492.74
180-094-011 Developed $492.74
180-094-012 Developed $492.74
180-094-013 Developed $492.74
180-094-014 Developed $492.74
180-094-015 Developed $492.74
180-094-016 Developed $492.74
180-094-017 Developed $492.74
180-094-018 Developed $492.74
180-094-019 Developed $492.74
180-094-020 Developed $492.74
180-094-021 Developed $492.74
180-094-022 Developed $492.74
180-094-023 Developed $492.74
180-094-024 Developed $492.74
180-094-025 Developed $492.74
180-094-026 Developed $492.74
180-094-027 Developed $492.74
180-094-028 Developed $492.74
180-094-029 Developed $492.74
180-094-030 Developed $492.74
180-094-031 Developed $492.74
180-094-032 Developed $492.74
180-094-033 Developed $492.74
180-094-034 Developed $492.74
180-094-035 Developed $492.74
180-094-036 Developed $492.74
180-094-037 Developed $492.74
180-094-038 Developed $492.74
180-094-039 Developed $492.74
$19,126.86
Meeting Date: July 25, 2022
Subject: Adopt Resolution No. 2022-38, Ratifying the Agreement with KB Home to Extend the Warranty Bond for the
Parkwood Subdivision from One Year to Two Years and
Authorize the City Manager to Execute the Agreement
Enclosure: Agreement
Presented By: Carla Jauregui, Acting Community Development Director Approved By: ____________________________
City Manager
Staff Recommendation:

1. Adopt Resolution No. 2022-38, ratifying the Agreement with KB Home to extend the Warranty Bond for specific areas of water and sewer infrastructure, for the Parkwood Subdivision, from one year to two years.

2. Authorize the City Manager to execute the Agreement with KB Home inclusive of any final edits by the City Attorney.

Background and Discussion:

On November 23, 2020, the City Council approved the Parkwood Development Agreement, by Ordinance No. 2020-06. The Development Agreement Conditions require the developer to issue a one-year warranty bond on the Parkwood subdivision infrastructure.

During the construction of the infrastructure, an issue regarding the need to raise the sewer to match the tie-in elevation arose. The City Engineer, along with the project engineer and representatives of KB Home met to discuss the appropriate solutions to mitigate the issue swiftly, while maintaining the integrity of the infrastructure as the utmost priority. The solution most acceptable to the City contracted Engineer and the Utilities Superintendent requires using a standard that has been used in the City in the past, most notably in 2002 within the Starn subdivision, that would entail approximately a dozen sections of the water line main crossing beneath the sewer line main. It is notable to point out that since 2002, there CITY COUNCIL AGENDA ITEM NO. 3.6
SECTION 3: CONSENT CALENDAR
have been no issues with the infrastructure as it relates to these crossings within the Starn subdivision. This solution provides safeguard measures to ensure the safety of the water system, by requiring the lines to be at a minimum of 1’ separation and that the water pipe material be constructed of ductal iron with mechanical joints placed at 10’ from the center line, additionally, these standards meet the requirements of the Public Health Agency.

While this is an acceptable standard in many cities, the City of Hughson’s specifications have not been updated since the early 2000s and do not include this specific standard. The project engineer, Mid-Valley Engineering (MVE), was able to provide evidence to City staff that this solution, which was approved by the City in the past, has been used in many cities including, as stated above, within the City of Hughson with no notable issues.

City staff requested an extension of the standard one-year warranty bond as conditioned by the Development Agreement, as a condition of the agreement to the sewer tie-in solution, for a total of two years. KB Home has agreed to this extension to provide the City with added surety for the specific areas where this cross-over occurs.

This item is to formally ratify this Agreement between the City and KB Home as the original Development Agreement specifically requires a one-year warranty bond for the entirety of the infrastructure, and this additional year specific to this issue is an addendum to that agreement.

Fiscal Impact:

There is no fiscal impact on the City with this agreement. The developer pays for the time that the City contracted engineer works on plan review and issues that arise during construction. The request for the extended warranty ensures that once the City accepts the infrastructure, any issues that may arise within two years are fixed by the developer.

CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2022-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON ADOPTING RESOLUTION NO. 2022-38, RATIFYING THE AGREEMENT WITH KB

HOMES TO EXTEND THE INDEMNIFICATION OBLIGATION FOR THE PARKWOOD

SUBDIVISION FROM ONE YEAR TO TWO YEARS AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, on November 23, 2020, the Hughson City Council approved the Parkwood Development Agreement, by Ordinance No. 2020-06; and WHEREAS, the Development Agreement Conditions require the developer to issue a one-year warranty bond on the Parkwood subdivision infrastructure; and WHEREAS, the need for a solution to a sewer elevation issue requires sections of the water line main to cross beneath the sewer line main; and WHEREAS, the City of Hughson’s specifications do not include this as a standard acceptable solution; and
WHEREAS, KB Homes has agreed to extend the indemnification obligation, specific to the portions of the infrastructure system where the sewer lines cross or intersect water lines, for an additional year.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby ratify the Agreement with KB Home North Bay LLC to extend the indemnification obligation for an additional year specific to the portions where the sewer lines cross or intersect water lines.

PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 25th day of July, 2022 by the following roll call vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_____
GEORGE CARR, Mayor
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ATTEST:

ASHTON GOSE, Deputy City Clerk
1631406-1

AGREEMENT TO EXTEND INDMENIFICATION OBLIGATION
Project Name: PARKWOOD SUBDIVISION
Effective Date: July 18, 2022

1. Agreement. The City of Hughson, a California municipal corporation (“City”), and KB Home North Bay LLC, a Delaware limited liability company (“KB”, and as “Developer” as such term is defined in that certain Development Agreement entered into by and between City and KB’s predecessor(s) in interest and recorded February 1, 2021 as Instrument No. 2021-0010355-00 in the Official Records of Stanislaus County, California (“Development Agreement”)), agree as follows:
notwithstanding anything in the Development Agreement or any other agreement by and between City and KB to the contrary, KB will indemnify, defend, and hold harmless City, and its council members, officers, employees, agents, and representatives (collectively, “Indemnitee”), against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Indemnitee, known or unknown, contingent or otherwise, directly or indirectly arising from or related to the design, construction, installation, or performance of the water system within the boundaries of (or otherwise serving) the above-referenced project as to those portions of the system where the water lines cross or intersect sewer lines. The indemnification obligation set forth in the preceding sentence will commence on the date the water infrastructure serving the above-referenced project is accepted by City and end on the date that is 730 days thereafter.

2. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which constitutes one and the same agreement. Delivery of an executed counterpart of this Agreement electronically or by facsimile shall be as effective as delivery of an original signed counterpart of this Agreement.

3. No Other Amendments. Except as modified by this Agreement, all other terms and conditions of the Development Agreement, as amended or modified by prior amendments or this Agreement, and all other agreements ancillary to or connected with the Development Agreement or the above-referenced project, or both, by and between City and KB, remain in full force and effect. This Agreement is executed by each of City’s and KB’s duly-authorized representatives.

The City of Hughson,
a California municipal corporation
KB Home North Bay LLC,
a Delaware limited liability company

By:________________
Name:

Title:

By:________________
Name: Oren Hershkovich
Title: Division President
Meeting Date: July 25, 2022
Subject: Adopt Resolution No. 2022-39, Confirming Diagrams, Assessments and Reports and Levying Assessments for
Fiscal Year 2022-23 for All Landscape and Lighting
Districts and All Benefit Assessment Districts within the City of Hughson
Enclosures: FY 2022-23 Engineer’s Report LLDs
FY 2022-23 Engineer’s Report BADs
Presented By: Anna Nicholas, Director of Finance & Admin. Services Approved By: _________________________
City Manager
Staff Recommendations:

1. Adopt Resolution No. 2022-39, confirming diagrams, assessments and reports and levying assessments for Fiscal Year 2022-23, for all Landscape and Lighting Districts and all Benefit Assessment Districts within the City of Hughson.

2. Direct the Harris & Associates Assessment Engineer to file, or cause to be filed, a certified copy of said Resolution and the report for each Assessment District with the Stanislaus County Tax Collector.

Background:

Each LLD is formed, and the annual assessments are levied, pursuant to the Lighting and Landscaping Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the 1972 Act). The BADs are formed, and annual assessments are levied, pursuant to the Benefit Assessment Act of 1982 (the 1982 Act), Part 1 of Division 2 of the California Government Code. The Community Facilities District was formed, and the annual assessment is levied, pursuant to the Mello-Roos CITY COUNCIL AGENDA ITEM NO. 5.1
SECTION 5: PUBLIC HEARING
Community Facilities Act of 1982, Part 1 of Division 2 of the 2014 California Government Code (the Act).

The City of Hughson has a Professional Service Agreement with Harris & Associates for the administration of the City’s 23 assessment districts: (1) CFD, (15) LLD, and (7) BAD. This agreement includes administrative and engineering services. The annual assessments for the upcoming fiscal year will be considered for action by the Hughson City Council over two regular meetings to ensure reports are filed with Stanislaus County by August 2022 so the assessments can be placed on the Stanislaus County Property Tax Roll for the upcoming fiscal year. The meeting schedule is as follows:
• June 27, 2022 Direct the filing of the annual reports • June 27, 2022 Consider the intention to levy and collect the assessments and set a public hearing
• July 25, 2022 Hold the Public Hearing to confirm the intent to levy and collect the assessments
City staff coordinates with Harris & Associates to administer the assessment districts. The City annually reviews the anticipated costs of maintaining each district for the next fiscal year, establishes assessments attributable to each parcel, and requires a specific assessment amount to be levied through the County property tax roll upon Council approval. An annual Engineer’s Benefit Assessment (Report) for each district is prepared which describes the individual districts and incorporates any annexations or changes to the districts, the proposed assessments, and the proposed levies for the upcoming fiscal year. The proposed assessments and levies are based on the historical and estimated costs of providing services to maintain the improvements that provide a direct and special benefit to properties within each respective district. The costs of the improvements and the annual levies include all expenditures, deficits, surpluses, revenues, and reserves. In most districts, parcels are assessed proportionately for the special benefit provided by the district.

This process begins when the Council directs Harris and Associates to prepare the documents to file with the County, which is the purpose of Resolution No. 2022-23.

The second step in this process is to preliminarily review the reports (attached) and approve a second resolution, Resolution No. 2022-24, which declares the Council’s intent to levy and collect the assessments for Fiscal Year 2022-23 and set the public hearing for Council to approve or modify the Engineer’s reports. The public hearing was set for the July 25, 2022, City Council meeting.

Following final approval of the Engineer’s Reports and confirmation of the assessments, the City Council may order the levy and the collection of the assessments for the 2022-23 Fiscal Year pursuant to the 1972 and 1982 Acts, which is the purpose of the July 25, 2022, meeting. Once Council approves the levy and the collection of the assessments, the information will be submitted to the County Auditor-Controller in August 2022, to be included on the Tax Roll for each benefiting parcel for Fiscal Year 2022-23, after the July 25, 2022, public hearing.

City staff worked with Harris & Associates to develop the proposed budgets for each assessment district and the attached Engineering Reports include the detailed budget information. The costs are a result of reviewing the original formation documents, a validation of assessment rate history, and actual costs incurred. In preparation for the annual assessment process for Fiscal Year 2022-23, Harris & Associates and City staff determined that it would be appropriate to limit changes to the current district budgets based on fiscal necessity. Staff review the prior year’s budget items, the current fund balances, and the allowable assessment amounts, and incorporates any necessary adjustments for each district. For Fiscal Year 2022- 23, City staff continued work to minimize administrative costs and propose infrastructure improvements, as permitted, in districts with no structural deficits and healthy reserves.

Generally, authorized improvements and services within LLDs include maintenance landscaping, irrigation systems, street tree maintenance, removal, and replacement, graffiti removal, and street lighting maintenance and energy costs. Generally, authorized improvements and services within BADs include drainage infrastructure maintenance, retention basin maintenance, street sweeping, cleaning, maintenance and repairs, sidewalk maintenance and graffiti abatement.

In early 2020, staff proposed to hold a Proposition 218 Assessment Rate Increase election in the 2019-20 Fiscal Year which would take effect for the 2021-22 assessments to address the districts that are under-funded and that do not include annual inflationary adjustments. However, given the fiscal strain that the COVID-19 pandemic may have had on residents, staff decided to hold off on proposing an increase in assessment rates. City staff plan to pursue the Proposition 218 process to take effect in near future fiscal years. Should the Proposition 218 process be completed and approved by voters, this process will either implement an annual assessment rate escalator for those districts that lack an escalator and/or implement a rate increase to address deficiencies. Currently, seven LLDs lack an annual escalator and three carry significant negative fund balances. If increases are not approved, significant reductions in service levels will be required in districts.

Annual Inflationary Adjustment:

The February Consumer Price Index (CPI) is used to determine the Maximum Assessment Rate each year. The February 2022 CPI was 5.12% (rounded).

Public Participation:

Public participation is provided pursuant to the provisions of Proposition 218 for the tax levy of the Benefit Assessment Districts and the Landscape and Lighting Assessment Districts. A public hearing is not required for the Community Facilities District. Changes that require an affirming ballot process are not involved in this action. The scheduled Public Hearing provides impacted property owners the opportunity to address the Council regarding any proposed changes to their assessments. Upon adoption of Resolution 2022-23 and Resolution 2022-24, on June 27, 2022, a Public Hearing was set for July 25, 2022.

Fiscal Impact:

The Landscaping and Lighting Districts and the Benefit Assessment Districts provide the City of Hughson with funding annually to provide specific services and improvements to properties within their respective approved boundaries. For Fiscal Year 2022-23, annual assessments for LLDs and BADs are expected to generate approximately $318,000 which goes towards the cost of labor, administration, utilities, equipment, materials, and preparation of the annual Engineer’s Report.

The cost for Professional Services through Harris & Associates is budgeted annually at $13,605 for the fiscal year.

CITY COUNCIL

CITY OF HUGHSON
RESOLUTION NO. 2022-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON CONFIRMING

DIAGRAMS, ASSESSMENTS AND REPORTS AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2022-23 FOR ALL LANDSCAPE AND LIGHTING DISTRICTS, AND ALL

BENEFIT ASSESSMENT DISTRICTS WITHIN THE CITY OF HUGHSON WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, the provisions of the Benefit Assessment Act of 1982, the City Council of the City of Hughson directed Harris & Associates, Assessment Engineers, to prepare and file annual reports for Fiscal Year 2022-23, and does hereby impose these annual assessments (Assessments) within each assessment district listed on attached Exhibit A; and WHEREAS, the Assessment Engineer prepared an annual report for each assessment district, which was presented to the City Council on June 27, 2022, and the City Council of the City of Hughson adopted a resolution of intention to levy and collect assessments within these districts for fiscal year 2022-23 and set a public hearing to be held July 25, 2022, at Hughson City Hall located at 7018 Pine Street, Hughson, California, and a notice of this hearing was given in the time and manner required by law; and WHEREAS, at the public hearing the City Council of the City of Hughson afforded to every interested person an opportunity to make a protest to the annual reports either in writing or orally, and the City Council has considered each protest; and WHEREAS, the City Council of the City of Hughson hereby confirms the diagrams, Assessments and reports of the Assessment Engineer. It is further determined and certified that these assessment district charges are either exempt from, or are in compliance with all provisions of Proposition 218, which was passed by the voters in November 1996; and
WHEREAS, on Monday, the 25th day of July of 2022, at the hour of 6:00 p.m., the City Council of the City of Hughson conducted a public hearing on the question of the levy of the proposed annual Assessment for each district; and WHEREAS, the charges against the real property are not levied with regard to property values but rather, the work listed in Exhibit B.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby confirm the diagrams, Assessments and reports of the Assessment Engineer and hereby levies the assessments set forth therein for the Fiscal Year 2022-23.

BE IT FURTHER RESOLVED that the City Council of the City of Hughson also directs the Harris & Associates’ Assessment Engineer to file, or cause to be filed, a certified copy of this resolution and the report for each assessment district with the tax collector for the County of Stanislaus.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Hughson this 25th day of July 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________________
GEORGE CARR, Mayor
ATTEST:
______________________________
ASHTON GOSE, Deputy City Clerk

EXHIBIT A
Landscaping and Lighting Districts (LLD)
Benefit Assessment Districts (BAD)
Brittany Woods LLD Central Hughson LLD Euclid North LLD Euclid South LLD Feathers Glenn LLD Fontana Ranch North LLD Fontana Ranch South LLD Rhapsody Unit No. 1 LLD Rhapsody Unit No. 2 LLD Santa Fe Estates Ph 1 LLD Santa Fe Estates Ph 2 LLD Starn Estates LLD Sterling Glenn III LLD Sterling Glen III Annex LLD Sun Glow Estates LLD Walnut Haven III LLD Central Hughson BAD Euclid North BAD Euclid South BAD Feathers Glen BAD Fontana Ranch North BAD Fontana Ranch South BAD Sterling Glen III BAD Sterling Glen III Annex BAD

EXHIBIT B
Assessment District Description of Improvements
Brittany Woods Maintenance of landscaping, irrigation systems, street trees and street lighting maintenance and energy costs for 12 streetlights.

Central Hughson, LLD
and BAD
Maintenance of landscaping, irrigation systems and street lighting maintenance and energy costs for 19 streetlights.

Drainage infrastructure maintenance, street sweeping,
maintenance and repairs, sidewalk maintenance, graffiti abatement.

Euclid South, LLD and
BAD
Maintenance of landscaping, irrigation systems, street lighting maintenance and energy costs for streetlights, street tree maintenance, removal and replacement, graffiti removal.