City Council Agenda January 23, 2023
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA. 1 AGENDA
MONDAY, JANUARY 23, 2023 – 6:00 P.M.
CITY OF HUGHSON
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7018 Pine Street, Hughson, CA
How to participate in, or observe the Meeting:
• In person in the City Council Chambers and submit public comment when invited during the meeting. • Remotely via WebEx by using the link below:
Meeting Link:
https://cityofhughson.my.webex.com/cityofhughson.my/j.php?MTID=m60f7c025acfa0a269947b024 ca74c72a
Meeting Number: 2556 029 6558 Meeting Password: TgKN6FuRw43 (84566387 from phones and video systems)
• Observe only via YouTube live, by accessing this link:
https://www.youtube.com/channel/UC-PwkdIrKoMmOJDzBSodu6A?view_as=subscriber Should technology problems cause issues providing access to the meeting via WebEx and/or YouTube, the in-person meeting will proceed as scheduled. • In addition, recorded City Council meetings are posted on the City’s website the first business day following the meeting. Recorded videos can be accessed with the following link:
http://hughson.org/our-government/city-council/#council-agenda City Council Agenda January 23, 2023
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 Ramon Bawanan
Councilmember Samuel Rush
Councilmember Randy Crooker
Councilmember Julie Ann Strain
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: Approval of City Council Minutes.
3.2: Approval of City Council Minutes..
3.3: Approval of Warrants Register.
3.4: Approval of the Treasurer’s Report for September 2022.
3.5: Appoint a Hughson Representative to the Stanislaus Animal Services Agency Advisory Committee.
City Council Agenda January 23, 2023
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 3.6: Consideration to Re-appoint Alan McFadon to the Planning Commission.
3.7: Adopt Resolution No. 2023-04, Approving a Professional Services Agreement for Strategic Planning Services and Authorizing the City Manager to Execute the Agreement.
3.8: Adopt Resolution No. 2023-05, Accepting Senior Nutrition Infrastructure Grant Funds from the County of Stanislaus in the Amount not to Exceed $114,450, and Authorizing the City Manager to Execute a Subrecipient Agreement.
3.9: Adopt Resolution No. 2023-06, Approving a Donation to Project Resolve.
4. UNFINISHED BUSINESS:
4.1: Update Regarding the Well 7 Replacement Project Status.
4.2: Approval of a Revised and Restated Non-Potable Water Agreement, with the Hughson Unified School District and Authorization for the City Manager to Execute the Agreement.
5. PUBLIC HEARING TO CONSIDER THE FOLLOWING:
5.1: A. Adopt Resolution No. 2023-07, Declaring Results of a Special Election for the City of Hughson Public Safety and Maintenance Services Community Facilities District.
B. Adopt Resolution No. 2023-08, A Resolution of Formation of the City of Hughson Communities Facilities District and to Levy a Special Tax Therein for the City of Hughson Public Safety and Maintenance Services Community Facilities District.
5.2: Introduce and Waive the First Reading of Ordinance No. 2023-01, Amending the Hughson Municipal Code Pertaining to Title 15 Building Code Regulations.
6. NEW BUSINESS:
6.1: Adopt Resolution No. 2023-09, Affirming the City of Hughson’s Commitment to Supporting the Riverview Mobile Home Estates Water Consolidation Project and Authorize the City Manager to execute the Letter of Support.
7. CORRESPONDENCE: NONE.
City Council Agenda January 23, 2023
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 8. COMMENTS:
8.1: Staff Reports and Comments: (Information Only – No Action) City Manager:
City Clerk:
Community Development Director:
Police Services:
City Attorney:
Student Representative:
8.2: Council Comments: (Information Only – No Action)
8.3: Mayor’s Comments: (Information Only – No Action)
9. CLOSED SESSION TO DISCUSS THE FOLLOWING:
9.1: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One (1) case.
ADJOURNMENT:
Notice Regarding Non-English Speakers:
Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Hughson City Council shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.
WAIVER WARNING
If you challenge a decision/direction of the City Council in court, you may be limited to raising only those issues you or someone else raised at a public hearing(s) described in this Agenda, or in written correspondence delivered to the City of Hughson at or prior to, the public hearing(s).
City Council Agenda January 23, 2023
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 UPCOMING EVENTS:
January 23 Economic Development Committee Meeting, City Hall, 4:30 PM January 30 Hughson has Heart Planning Meeting, City Council Chambers, 6:00 PM
February 13 President Lincoln’s Birthday Observed – City Hall Closed February 14 Special City Council Meeting, Hughson High School Reeder Hall/WebEx Videoconference/YouTube Live Stream, 6:00 PM February 15 Parks, Recreation and Entertainment Commission Meeting, City Council Chambers, 6:00 PM
February 20 President Washington’s Birthday Observed – City Hall Closed February 21 Planning Commission Meeting, City Council Chambers, 6:00 PM February 27 State of the City of Hughson Address, Hughson High School Theatre, 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 City Clerk at (209) 883-4054.
City Council Agenda January 23, 2023
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: January 20, 2023 TIME: 2:00 PM
NAME: Ashton Gose TITLE: 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: January 23, 2023
Subject: Approval of the City Council Minutes
Presented By: Ashton Gose, Executive Assistant/City Clerk Approved By: ________________________
City Manager
Staff Recommendation:
Approve the Minutes of the Regular Meeting of January 9, 2023.
Background and Overview:
The draft minutes of the January 9, 2023 meeting are prepared for the Council’s review.
CITY COUNCIL AGENDA ITEM NO. 3.1
SECTION 3: CONSENT CALENDAR
City Council Minutes January 9, 2023
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, JANUARY 9, 2023 – 6:00 P.M.
CALL TO ORDER: Mayor George Carr
ROLL CALL:
Present: Mayor George Carr
Mayor Pro Tem Ramon Bawanan
Councilmember Samuel Rush
Councilmember Randy Crooker
Councilmember Julie Ann Strain
Staff Present: Merry Mayhew, City Manager
Ashton Gose, City Clerk
Eric Nims, City Attorney
Carla Jauregui, Community Development Director
Jose Vasquez, Public Works Superintendent
Jaime Velazquez, Utilities Superintendent
Fidel Landeros, Chief of Police
1. PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken):
NONE.
2. PRESENTATIONS:
2.1: Proclaim January 9, 2023 as National Law Enforcement Appreciation Day.
Mayor Carr proclaimed January 9, 2023 as National Law Enforcement Appreciation Day.
CITY OF HUGHSON
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
7018 PINE STREET, HUGHSON, CA
City Council Minutes January 9, 2023
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk’s counter at City Hall located at 7018 Pine Street, Hughson, CA. 2 3. 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 December 12, 2022.
3.2: Approve the Warrants Register.
3.3: Approve the 2023 City Council Appointments to Boards and Committees.
3.5: Approve the Award and Installation of Concrete and an ADA Ramp to the Community Development Department Offices, to Machado & Sons Construction, Inc., at a Total Cost of $7,050.
3.6: Approve Mayor George Carr’s Attendance at the Mayor’s Conference in Washington, D.C., January 17-20, 2023, and Reimburse Costs Associated with Attending the Conference.
3.7: Approve Council Members Julie Strain and Randy Crooker to Attend the League of California Cities New Mayors and Council Members Academy in Sacramento, CA from January 18 through January 20, 2023, and Reimburse Costs Associated with Attending the Academy.
3.8: Adopt Resolution No. 2023-01, Approving the 2022-2023 Subrecipient Agreement for the Community Development Block Grant (CDBG) Entitlement Funds with Stanislaus County, and Authorize the Mayor to Sign the Agreement.
Councilmember Rush requested Consent Calendar item 3.4 be pulled for special consideration.
3.4: Review and Approve a Ten-Year Revised and Restated Non-Potable Water Agreement with the Hughson Unified School District and Authorize the City Manager to Execute the Agreement Inclusive of Edits by the City Attorney.
Mayor Carr moved Consent Calendar item 3.4 to New Business item 6.2 for additional discussion.
CARR/BAWANAN 5-0-0-0 motion passes to approve the Consent Calendar excluding item 3.4, with the following roll call vote:
City Council Minutes January 9, 2023
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 BAWANAN RUSH STRAIN CROOKER CARR
AYE AYE AYE AYE AYE
4. UNFINISHED BUSINESS: NONE.
5. PUBLIC HEARING TO CONSIDER THE FOLLOWING: NONE.
6. NEW BUSINESS:
6.1: Adopt Resolution No. 2023-02, Ratifying the Emergency Expenditure of Water Fixed Asset Replacement Fund No. 255 to Rebuild the Well 3 Motor.
Superintendent Velazquez presented the staff report on this item.
Mayor Carr opened public comment at 6:20 PM. There was no public comment.
Mayor Carr closed public comment at 6:20 PM.
CARR/BAWANAN 5-0-0-0 motion passes To adopt Resolution No. 2023-02, Ratifying the Emergency Expenditure of Water Fixed Asset Replacement Fund No. 255 to Rebuild the Well 3 Motor. , with the following roll call vote:
BAWANAN RUSH STRAIN CROOKER CARR
AYE AYE AYE AYE AYE
6.2: Review and Approve a Ten-Year Revised and Restated Non-Potable Water Agreement with the Hughson Unified School District and Authorize the City Manager to Execute the Agreement Inclusive of Edits by the City Attorney.
The staff report was not presented on this item.
CARR/BAWANAN 5-0-0-0 motion passes to bring agenda item 6.2 back for consideration at a regularly scheduled City Council meeting, with the following roll call vote:
BAWANAN RUSH STRAIN CROOKER CARR
AYE AYE AYE AYE AYE
7. CORRESPONDENCE: NONE.
8. COMMENTS:
8.1: Staff Reports and Comments: (Information Only – No Action) City Council Minutes January 9, 2023
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 City Manager:
City Manager Mayhew informed the City Council that the Senior Community Center suffered a small fire.
City Clerk:
City Clerk Gose provided a reminder regarding a scheduled AB1234 Ethics Training on January 19, 2023.
Community Development Director:
Director Jauregui provided an update on storm related issues.
Police Services:
Chief Landeros provided the City Council with the latest Crime Statistic Report.
City Attorney:
City Attorney Nims provided an update regarding AB2449.
8.2: Council Comments: (Information Only – No Action)
Councilmember Crooker thanked City staff for their continued hard work.
Councilmember Rush requested an update be provided at a future meeting regarding the Well 7 Replacement Project.
Councilmember Strain thanked Hughson Police Services for their presence in the City. She attended a route for Operation Santa Claus/Light Up The Town. She thanked staff for all of their help during her transition as a new Councilmember.
Mayor Pro Tem Bawanan thanked City staff and Hughson Police Services for their continued hard work.
8.3: Mayor’s Comments: (Information Only – No Action)
Mayor Carr thanked and acknowledged City public works and utility staff for their hard work resolving the storm related issues within the City. He thanked Hughson Police Services for always keeping the City safe, and for their visible presence within the City.
9. CLOSED SESSION TO DISCUSS THE FOLLOWING: NONE.
ADJOURNMENT:
STRAIN/CROOKER 5-0-0-0 motion passes to adjourn the regular meeting of January 9, 2023 at 6:45 PM with the following roll call vote:
City Council Minutes January 9, 2023
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 BAWANAN RUSH STRAIN CROOKER CARR
AYE AYE AYE AYE AYE
APPROVED:
____________________________
GEORGE CARR, Mayor
ATTEST:
_____________________________
ASHTON GOSE, Executive Assistant/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: January 23, 2023
Subject: Approval of the City Council Minutes
Presented By: Ashton Gose, Executive Assistant/City Clerk Approved By: ________________________
City Manager
Staff Recommendation:
Approve the Minutes of the Special Meeting of January 13, 2023.
Background and Overview:
The draft minutes of the January 13, 2023 meeting are prepared for the Council’s review.
CITY COUNCIL AGENDA ITEM NO. 3.2
SECTION 3: CONSENT CALENDAR
City Council Minutes January 13, 2023
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
FRIDAY, JANUARY 13, 2023 – 4:00 P.M.
CALL TO ORDER: Mayor George Carr
ROLL CALL:
Present: Mayor George Carr
Mayor Pro Tem Ramon Bawanan
Councilmember Sam Rush
Councilmember Julie Ann Strain
Councilmember Randy Crooker
Staff Present: Merry Mayhew, City Manager
Ashton Gose, City Clerk
Eric Nims, City Attorney
Carla Jauregui, Community Development Director
1. PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken):
NONE.
2. PRESENTATIONS: NONE.
3. CONSENT CALENDAR: NONE.
4. UNFINISHED BUSINESS: NONE.
5. PUBLIC HEARING TO CONSIDER THE FOLLOWING:NONE.
6. NEW BUSINESS:
CITY OF HUGHSON
SPECIAL CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
7018 PINE STREET, HUGHSON, CA
City Council Minutes January 13, 2023
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 6.1: Adopt Resolution No. 2023-03, Ratifying the City Manager/Director of Emergency Services’ Proclamation that an Emergency Situation Exists due to Flood Risk and Other Damage Resulting from Severe Storms.
City Manager Mayhew presented the staff report on this item.
Mayor Carr opened public comment at 4:02 PM. There was no public comment. Mayor Carr closed public comment at 4:02 PM.
CARR/STRAIN 4-0-0-1 motion passes to adopt Resolution No. 2023-03, Ratifying the City Manager/Director of Emergency Services’ Proclamation that an Emergency Situation Exists due to Flood Risk and Other Damage Resulting from Severe Storms, with the following roll call vote:
BAWANAN RUSH STRAIN CROOKER CARR
AYE ABSENT AYE AYE AYE
7. CORRESPONDENCE: NONE.
8. COMMENTS: NONE.
9. CLOSED SESSION TO DISCUSS THE FOLLOWING: NONE.
ADJOURNMENT:
CARR/BAWANAN 4-0-0-1 motion passes to adjourn the regular meeting of January 13, 2023 at 4:04 PM with the following roll call vote:
BAWANAN RUSH STRAIN CROOKER CARR
AYE ABSENT AYE AYE AYE
APPROVED:
____________________________
GEORGE CARR, Mayor
ATTEST:
_____________________________
ASHTON GOSE, Executive Assistant/City Clerk
Meeting Date: January 23, 2023
Subject: Approval of Warrants Register
Enclosure: Warrants Register
Presented By: Sarah Chavarin, Accounting Manager
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 January 6, 2023, through January 17, 2023.
Fiscal Impact:
There are reductions in various funds for payment of expenses.
CITY COUNCIL AGENDA ITEM NO. 3.3
SECTION 3: CONSENT CALENDAR
1/17/2023 1:53:30 PM Page 1 of 7
Check Report
Hughson By Check Number
Date Range: 01/06/2023 - 01/17/2023
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: MM Bank-Money Market Bank Account
00645 INTERNAL REVENUE SERVICE 01/06/2023 Bank Draft 0.00 55.20 DFT0001965 INV0008374 Invoice 01/06/2023 Medicare 0.00 55.20
00645 INTERNAL REVENUE SERVICE 01/06/2023 Bank Draft 0.00 307.12 DFT0001966 INV0008375 Invoice 01/06/2023 Federal Income Tax 0.00 307.12 00645 INTERNAL REVENUE SERVICE 01/13/2023 Bank Draft 0.00 1,448.52 DFT0001978 INV0008423 Invoice 01/13/2023 Medicare 0.00 1,448.52
00645 INTERNAL REVENUE SERVICE 01/13/2023 Bank Draft 0.00 369.32 DFT0001979 INV0008424 Invoice 01/13/2023 SS-Social Security 0.00 369.32 00645 INTERNAL REVENUE SERVICE 01/13/2023 Bank Draft 0.00 4,189.96 DFT0001982 INV0008427 Invoice 01/13/2023 Federal Income Tax 0.00 4,189.96 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code MM Bank Summary
Bank Drafts
EFT's
0 0
0 5
0 0.00
0.00 0.00
0.00 0.00
5 0.00
Payment
0.00 0.00
0.00 6,370.12
0.00 6,370.12
Payable
Count
0 0
0 5
0 5
Check Report Date Range: 01/06/2023 - 01/17/2023
1/17/2023 1:53:30 PM Page 2 of 7
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
00005 A&A PORTABLES, INC 01/06/2023 Regular 0.00 80.78 56111 114-13449721 Invoice 11/30/2022 Well 7 Fence Rental 0.00 80.78 00016 ABS PRESORT 01/06/2023 Regular 0.00 6,560.62 56112 130285 Invoice 12/09/2022 BILL PRINTING- December 2022 0.00 1,560.62 MP-20221212 Invoice 12/12/2022 Postage Advance for Mailing Services 0.00 5,000.00 01603 Amazon Capital Services, Inc. 01/06/2023 Regular 0.00 608.10 56113 1FLT-QDV9-6Q33 Invoice 12/20/2022 Charger, Batteries, Coffee 0.00 608.10 00094 AT&T MOBILITY 01/06/2023 Regular 0.00 490.62 56114 287303621604X1… Invoice 12/02/2022 PHONES 0.00 490.62
01817 Black Castle Construction 01/06/2023 Regular 0.00 1,610.00 56115 INV-0151 Invoice 12/20/2022 restroom rental (trunk or treat) 0.00 550.00 INV-0173 Invoice 12/20/2022 restroom rental ( Lebright) 0.00 1,060.00 01787 Bob Holl Sheet Metal Inc 01/06/2023 Regular 0.00 179.00 56116 29255779 Invoice 12/20/2022 ice machine diagnostic 0.00 179.00 01830 CivicPlus, LLC 01/06/2023 Regular 0.00 4,100.00 56117 249223 Invoice 11/07/2022 Citywide Website Development 0.00 4,100.00 01570 CSG Consultants 01/06/2023 Regular 0.00 26,262.86 56118 47043 Invoice 11/15/2022 Contract Services Planning/Building 0.00 4,037.50 47949 Invoice 12/09/2022 Contract Services Planning/Building 0.00 2,327.50 B221410 Invoice 08/01/2022 Contract Services Planning/Building 0.00 12,938.38 B221750 Invoice 10/03/2022 Contract Services Planning/Building 0.00 4,926.38 B221927 Invoice 11/01/2022 Contract Services Planning/Building 0.00 1,403.13 B222103 Invoice 12/01/2022 Contract Services Planning/Building 0.00 629.97 00368 CSU STANISLAUS 01/06/2023 Regular 0.00 57.00 56119 CMP-011949 Invoice 12/19/2022 November 2022 Live Scan - Envia 0.00 57.00 01576 ICU Technologies Inc. 01/06/2023 Regular 0.00 890.94 56120 INV1728 Invoice 12/20/2022 Camera work 0.00 890.94
00659 J.B. Anderson Land Use Planning 01/06/2023 Regular 0.00 772.00 56121 120122HUGH Invoice 12/01/2022 General Planning Services 0.00 772.00 00755 MCR ENGINEERING, INC 01/06/2023 Regular 0.00 5,687.50 56122 17808 Invoice 12/10/2022 Job 23-002 0.00 5,687.50
00611 Mid Valley Publications 01/06/2023 Regular 0.00 466.20 56123 340124 Invoice 12/20/2022 Publication 0.00 466.20
00889 PLATT 01/06/2023 Regular 0.00 3,493.73 56124
3J45515 Invoice 12/20/2022 light pole (whitmore ave) 0.00 3,493.73 00906 PROVOST & PRITCHARD CONSU 01/06/2023 Regular 0.00 650.00 56125 96527 Invoice 12/21/2022 TCP Treatment Design 0.00 650.00 00910 PURCHASE POWER 01/06/2023 Regular 0.00 549.95 56126 INV0008332 Invoice 12/13/2022 POSTAGE 0.00 549.95
01408 RAYA, NEIL 01/06/2023 Regular 0.00 45.00 56127
INV0008326 Invoice 12/14/2022 State Test SWRCB- Raya 0.00 45.00 01493 Salonen Electrical Inc 01/06/2023 Regular 0.00 6,342.86 56128 3823 Invoice 11/10/2022 Well Site surge protection device showing fa… 0.00 6,342.86 00978 SAN JOAQUIN VALLEY Air Pollution Control District 01/06/2023 Regular 0.00 577.00 56129 N155379 Invoice 12/20/2022 Genset permit 0.00 577.00
01820 Thompson Woolley Builders, Inc 01/06/2023 Regular 0.00 5,000.00 56130 Check Report Date Range: 01/06/2023 - 01/17/2023
1/17/2023 1:53:30 PM Page 3 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount I-21-591 Invoice 12/14/2022 Install 6" Tall Cove Base 0.00 5,000.00 01149 TURLOCK IRRIGATION DIST. 01/06/2023 Regular 0.00 25,390.21 56131 INV0008330 Invoice 12/19/2022 ELECTRIC 0.00 25,390.21
01176 USA BLUE BOOK 01/06/2023 Regular 0.00 130.32 56132 163774 Invoice 11/02/2022 Blanket PO 0.00 130.32
01192 VISION SERVICE PLAN 01/06/2023 Regular 0.00 505.12 56133 816790162 Invoice 12/19/2022 MEDICAL INSURANCE WITHHELD- January 2… 0.00 505.12 01206 WARDEN'S OFFICE 01/06/2023 Regular 0.00 19.97 56134 2089641-0 Invoice 12/21/2022 MISC OFFICE SUPPLIES 0.00 19.97 00010 A.S.C.A.P 01/11/2023 Regular 0.00 420.00 56135
INV0008360 Invoice 12/20/2022 Annual License Fee 2023 0.00 420.00 00049 ALLIED ADMINISTRATORS 01/11/2023 Regular 0.00 2,165.36 56136 INV0008362 Invoice 12/25/2022 DELTA DENTAL - February 2023 0.00 2,165.36 01603 Amazon Capital Services, Inc. 01/11/2023 Regular 0.00 509.21 56137 1747-WFLR-QRDQ Invoice 01/04/2023 Employee Record Folders 0.00 61.60 1DVX-1LV4-KXRC Credit Memo 12/16/2022 RETURN OF 1J9R-JM6N-91ND 0.00 -147.36 1J9R-JM6N-91ND Invoice 12/16/2022 ELECTRIC STARTER FOR KAWASKI 0.00 147.36 1PPC-LL1V-GQ9F Invoice 01/10/2023 24 Volt power supply 0.00 436.88 1YVT-99MJ-3613 Invoice 08/15/2022 Office Supplies 0.00 10.73 00104 AYERA TECHNOLOGIES INC. 01/11/2023 Regular 0.00 84.00 56138 426812 Invoice 01/01/2023 Net Service 0.00 84.00
01817 Black Castle Construction 01/11/2023 Regular 0.00 55,000.00 56139 INV-0388 Invoice 12/19/2022 Draw1 for quote 0500, Material and Labor 0.00 55,000.00 01817 Black Castle Construction 01/11/2023 Regular 0.00 -55,000.00 56139 01808 Butterfield Electric Inc 01/11/2023 Regular 0.00 32,883.13 56140 S049072 Invoice 12/06/2022 Electrical Work for Senior Center 0.00 32,883.13 00210 California Building Standards Commission 01/11/2023 Regular 0.00 84.60 56141 INV0008358 Invoice 01/03/2023 Green Building Fee 4th Quarter 2022 0.00 84.60 00284 CHARTER COMMUNICATION 01/11/2023 Regular 0.00 97.70 56142 0054047121022 Invoice 12/10/2022 IP ADDRESS- 1ST 0.00 97.70 00310 CLARK'S PEST CONTROL 01/11/2023 Regular 0.00 190.00 56143 32565392 Invoice 01/05/2023 PEST CONTROL 0.00 119.00
32566265 Invoice 01/05/2023 PEST CONTROL 0.00 71.00
01538 Colonial Life 01/11/2023 Regular 0.00 604.87 56144 5405907-1201825 Invoice 12/19/2022 Colonial Life for December 2022 0.00 604.87 00364 CSJVRMA 01/11/2023 Regular 0.00 37,387.00 56145
RMA 2023-00159 Invoice 12/16/2022 2022/2023 3rd Qtr Deposits 0.00 37,387.00 00464 EZ NETWORK SOLUTIONS 01/11/2023 Regular 0.00 5,998.29 56146 42063 Invoice 12/30/2022 IT SERVICES Monthly Billing for November 0.00 1,115.79 TS42138 Invoice 01/01/2023 IT SERVICES Monthly Billing for January 0.00 4,882.50 00474 FERGUSON ENTERPRISES,INC 01/11/2023 Regular 0.00 181.22 56147 1763613 Invoice 12/20/2022 Blanket PO 0.00 181.22
00510 G3 ENGINEERING, INC 01/11/2023 Regular 0.00 5,900.45 56148 2022-7686 Invoice 11/01/2022 Blue-White M3S24-SND 0.00 5,900.45 00528 GILTON SOLID WASTE MANAGE 01/11/2023 Regular 0.00 1,895.07 56149 HUGHSS-077 Invoice 01/02/2023 STREET SWEEPING for December 2022 0.00 1,895.07 Check Report Date Range: 01/06/2023 - 01/17/2023
1/17/2023 1:53:30 PM Page 4 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 00546 GRANITE TELECOMMUNICATION 01/11/2023 Regular 0.00 2,978.60 56150 586537646 Invoice 01/01/2023 PHONES 0.00 2,978.60
00614 HUGHSON FARM SUPPLY 01/11/2023 Regular 0.00 523.20 56151 H440094 Invoice 12/01/2022 Blanket PO 0.00 24.36
H440241 Invoice 12/02/2022 Blanket PO 0.00 93.39
H440378 Invoice 12/05/2022 Blanket PO 0.00 31.77
H440529 Invoice 12/06/2022 Blanket PO 0.00 153.16
H440823 Invoice 12/08/2022 Blanket PO 0.00 32.33
H440939 Invoice 12/09/2022 Blanket PO 0.00 36.17
H441489 Invoice 12/15/2022 Blanket PO 0.00 75.46
H441530 Invoice 12/16/2022 Blanket PO 0.00 76.56
00627 HUGHSON NAPA AUTO & TRUCK 01/11/2023 Regular 0.00 8.50 56152 352023 Invoice 12/06/2022 Blanket PO Napa 0.00 8.50
01805 Joaquin Painting 01/11/2023 Regular 0.00 44,787.00 56153 9698 Invoice 12/14/2022 senior center floors 0.00 44,787.00 00682 KAISER FOUNDATION HEALTH 01/11/2023 Regular 0.00 6,633.91 56154 691534618860 Invoice 12/25/2022 MEDICAL SERVICES- February 2023 0.00 6,633.91 01748 Martin Marietta Materials, Inc 01/11/2023 Regular 0.00 248.16 56155 37585647 Invoice 01/10/2023 asphalt for Narcisco 0.00 248.16 01606 McClatchy Company LLC 01/11/2023 Regular 0.00 573.25 56156 163544 Invoice 11/30/2022 Print Recruitment Ad DOF 0.00 573.25 00611 Mid Valley Publications 01/11/2023 Regular 0.00 932.40 56157 340107 Invoice 11/18/2022 Pine and 4th Concrete - Legal Notice 0.00 932.40 00775 MISSION UNIFORM SERVICE 01/11/2023 Regular 0.00 1,156.50 56158 518265375 Invoice 11/30/2022 Blanket PO uniforms 0.00 106.50 518307390 Invoice 12/05/2022 Blanket PO uniforms 0.00 69.74 518307391 Invoice 12/05/2022 Blanket PO uniforms 0.00 137.80 518307393 Invoice 12/05/2022 Blanket PO uniforms 0.00 61.10 518347558 Invoice 12/09/2022 Blanket PO uniforms 0.00 166.09 518350825 Invoice 12/12/2022 Blanket PO uniforms 0.00 66.24 518350826 Invoice 12/12/2022 Blanket PO uniforms 0.00 76.10 518350827 Invoice 12/12/2022 Blanket PO uniforms 0.00 61.10 518394614 Invoice 12/19/2022 Blanket PO uniforms 0.00 66.24 518394615 Invoice 12/19/2022 Blanket PO uniforms 0.00 76.10 518394616 Invoice 12/19/2022 Blanket PO uniforms 0.00 61.10 518437824 Invoice 12/26/2022 Blanket PO uniforms 0.00 66.24 518437825 Invoice 12/26/2022 Blanket PO uniforms 0.00 81.05 518437826 Invoice 12/26/2022 Blanket PO uniforms 0.00 61.10 00824 NEUMILLER & BEARDSLEE 01/11/2023 Regular 0.00 14,087.75 56159 335713 Invoice 12/21/2022 LEGAL SERVICES 0.00 1,600.00
335714 Invoice 12/21/2022 LEGAL SERVICES 0.00 3,500.00
336233 Invoice 12/21/2022 LEGAL SERVICES 0.00 8,987.75
00879 PG & E 01/11/2023 Regular 0.00 1,793.52 56160
INV0008359 Invoice 12/23/2022 UTILITIES 0.00 1,793.52
00901 PREFERRED ALLIANCE, INC. 01/11/2023 Regular 0.00 169.49 56161 0178932-IN Invoice 11/30/2022 OFF-SITE PARTICIPANT 0.00 169.49 00914 Harbans Singh ET AL 01/11/2023 Regular 0.00 300.06 56162 1014218 Invoice 12/21/2022 Blanket PO Diesel (highway) 0.00 300.06 01784 Ryan Process INC 01/11/2023 Regular 0.00 3,505.37 56163 2211007-INV Invoice 11/03/2022 Masterflex Pump and Tubing 0.00 3,505.37 Check Report Date Range: 01/06/2023 - 01/17/2023
1/17/2023 1:53:30 PM Page 5 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 00978 SAN JOAQUIN VALLEY Air Pollution Control District 01/11/2023 Regular 0.00 1,043.00 56164 N155674 Invoice 12/30/2022 23/24 Annual Permits to Operate 0.00 900.00 N155675 Invoice 12/30/2022 23/24 Annual Permits to Operate 0.00 143.00 01599 SMILE BUSINESS PRODUCTS, INC 01/11/2023 Regular 0.00 99.24 56165 1088061 Invoice 01/09/2023 COPIES 0.00 99.24
01069 STEELEY, JARED WATER & WA 01/11/2023 Regular 0.00 2,704.00 56166 9696 Invoice 01/03/2023 Balnket PO Lab /service 0.00 2,704.00 01110 TESCO CONTROLS, INC 01/11/2023 Regular 0.00 5,510.04 56167 0078131-IN Invoice 11/07/2022 Clarifier Flowmeters 0.00 5,510.04 01152 TYLER TECHNOLOGIES 01/11/2023 Regular 0.00 150.00 56168 025-405658 Invoice 12/12/2022 Accounts Payable- Training Ramos 0.00 150.00 01159 UNITED PAVEMENT MAINTENANCE 01/11/2023 Regular 0.00 358,113.03 56169 11207 Invoice 12/02/2022 22-30 Tully rd and 2nd st Sewer Water Pro 0.00 358,113.03 01264 VERIZON WIRELESS 01/11/2023 Regular 0.00 456.12 56170 9923772447 Invoice 01/09/2023 MIFI DEVICES/ CAMERAS 0.00 456.12 01206 WARDEN'S OFFICE 01/11/2023 Regular 0.00 48.21 56171 2090586-0 Invoice 01/03/2023 MISC OFFICE SUPPLIES 0.00 48.21 01226 WILLE ELECTRIC 01/11/2023 Regular 0.00 92.92 56172 S2120627.001 Invoice 01/10/2023 electric detector 0.00 92.92 01779 Complex Steel Building 01/12/2023 Regular 0.00 17,506.31 56173 COH01152023 Invoice 01/11/2023 Carport at WWTP 0.00 17,506.31 01817 Black Castle Construction 01/13/2023 Regular 0.00 55,000.00 56174 INV0008429 Invoice 12/19/2022 Draw 1 for Quote 0500, Material and Labor 0.00 55,000.00 00862 P.E.R.S. 01/06/2023 Bank Draft 0.00 128.50 DFT0001962 INV0008371 Invoice 01/06/2023 PERRA EE 0.00 128.50
00862 P.E.R.S. 01/06/2023 Bank Draft 0.00 142.20 DFT0001963 INV0008372 Invoice 01/06/2023 PEPRA-ER 0.00 142.20
01067 STATE OF CALIFORNIA 01/06/2023 Bank Draft 0.00 119.76 DFT0001964 INV0008373 Invoice 01/06/2023 State Income Tax 0.00 119.76 01067 STATE OF CALIFORNIA 01/06/2023 Bank Draft 0.00 20.94 DFT0001967 INV0008376 Invoice 01/06/2023 Payroll SDI 0.00 20.94
00862 P.E.R.S. 01/13/2023 Bank Draft 0.00 16.00 DFT0001968 INV0008409 Invoice 01/13/2023 CalPERS Survivor 0.00 16.00 00862 P.E.R.S. 01/13/2023 Bank Draft 0.00 817.05 DFT0001969 INV0008410 Invoice 01/13/2023 Classic CalPERS 0.00 817.05 00862 P.E.R.S. 01/13/2023 Bank Draft 0.00 1,432.89 DFT0001970 INV0008411 Invoice 01/13/2023 CalPER ER 0.00 1,432.89
00226 CalPERS SUPPLEMENTAL INCO 01/13/2023 Bank Draft 0.00 50.00 DFT0001971 INV0008412 Invoice 01/13/2023 ROTH CONTRIBUTION 0.00 50.00 00226 CalPERS SUPPLEMENTAL INCO 01/13/2023 Bank Draft 0.00 977.73 DFT0001972 INV0008414 Invoice 01/13/2023 CalPer Def Comp 0.00 977.73 00862 P.E.R.S. 01/13/2023 Bank Draft 0.00 2,384.48 DFT0001974 INV0008418 Invoice 01/13/2023 PERRA EE 0.00 2,384.48
00862 P.E.R.S. 01/13/2023 Bank Draft 0.00 2,638.82 DFT0001975 INV0008419 Invoice 01/13/2023 PEPRA-ER 0.00 2,638.82
Check Report Date Range: 01/06/2023 - 01/17/2023
1/17/2023 1:53:30 PM Page 6 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 00862 P.E.R.S. 01/13/2023 Bank Draft 0.00 319.76 DFT0001976 INV0008420 Invoice 01/13/2023 PERS Service Credit Purchase 0.00 319.76 01067 STATE OF CALIFORNIA 01/13/2023 Bank Draft 0.00 1,331.62 DFT0001977 INV0008422 Invoice 01/13/2023 State Income Tax 0.00 1,331.62 01067 STATE OF CALIFORNIA 01/13/2023 Bank Draft 0.00 49.69 DFT0001980 INV0008425 Invoice 01/13/2023 ETT 0.00 49.69
01067 STATE OF CALIFORNIA 01/13/2023 Bank Draft 0.00 1,192.07 DFT0001981 INV0008426 Invoice 01/13/2023 SUI 0.00 1,192.07
01067 STATE OF CALIFORNIA 01/13/2023 Bank Draft 0.00 506.97 DFT0001983 INV0008428 Invoice 01/13/2023 Payroll SDI 0.00 506.97
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Payable Bank Summary
Bank Drafts
EFT's
64 0
1 16
0 0.00
0.00 0.00
0.00 0.00
81 0.00
Payment
752,291.26
0.00 -55,000.00
12,128.48
0.00 709,419.74
Payable
Count
100
0 0
16 0
116
Check Report Date Range: 01/06/2023 - 01/17/2023
1/17/2023 1:53:30 PM Page 7 of 7
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
64 0
1 21
0 0.00
0.00 0.00
0.00 0.00
86 0.00
752,291.26
0.00 -55,000.00
18,498.60
0.00 715,789.86
100
0 0
21 0
121
Fund Name Period Amount
Fund Summary
999 POOLED CASH/CONSOLIDATED CASH 1/2023 715,789.86
715,789.86
Meeting Date: January 23, 2023
Subject: Approval of the Treasurer’s Report for September 2022 Enclosure: Treasurer Report - September 2022
Presented By: Ashton Gose, Executive Assistant/City Clerk
Approved By: __________________________
City Manager
Staff Recommendation:
Approve the City of Hughson Treasurer’s Report for September 2022.
Background and Discussion:
The City Treasurer reviews the City’s cash and investment practices and approves the monthly Treasury Reports and a quarterly Investment Portfolio Report. As of September 2022, the City of Hughson has a cash and investment balance total of $30,881,625 with $2,620,624 invested. All investment actions executed since the last report have been made in full compliance with the City of Hughson’s Investment Policy. The City of Hughson will meet its expenditure obligations for the next six months as required by California Government Code Section 53646 (b) (2) and (3) respectively.
The Treasurer report for September 2022 reflects the most current representation of the City’s funds and investments and provides a necessary outlook for both past, and present investment and spending habits. While investments and funds differ from time to time, it is the goal of the City to maintain safety and stability with its funds, while additionally promoting prudence and growth.
Attached is the City of Hughson Treasurer’s Report for September 2022, along with supplementary graphs depicting the percentage of the City’s total funds, a breakdown of the Developer Impact Fees, and an additional line plot graph further demonstrating the Developer Impact Fees. This graph depicts the Developer Impact Fees’ actual balance for the past five years. After review and evaluation of the report, City staff has researched funds with a significant deficit balance and submits the following detailed explanation for September 2022:
CITY COUNCIL AGENDA ITEM NO. 3.4
SECTION 3: CONSENT CALENDAR
Transportation Capital and CDBG Street Project Fund:
The Transportation Capital Project Fund currently reflects a negative balance of ($240,938), which is a positive difference of $487 from the previous year. The CDBG Street Project Fund currently reflects a negative balance of ($18,629) reflecting a positive difference of $36,283 from the previous year. As the City continues to produce transportation projects, the transportation fund will likely continue to show a negative balance. City staff will continue to monitor and report the status of these reimbursements as the funds become available.
Fiscal Impact:
As of September 2022, the City’s cash and investments total $30,881,625. This compares to a September 2021 balance of $26,748,149 and represents an increase of $4,133,477.
MONEY MARKET GENERAL REDEVELOPMENT** TOTAL
Bank Statement Totals 27,477,116.12 $ 844,777.41 $ - $ 28,321,893.53 $ Adjustment 1,057.98 $ 231.54 $
Outstanding Deposits + 97,574.90 $ 465.00 $ - $ 98,039.90 $ Outstanding Checks/transfers - (26,774.42) $ (132,157.32) $ - $ (158,931.74) $ ADJUSTED TOTAL $ 713,316.63 27,548,974.58 $ - $ 28,261,001.69 $ Investments: Various 1,048,980.05 $
Multi-Bank WWTP 1,486,318.02 $
Investments: L.A.I.F. 42,730.76 $ 42,594.86 $ 85,325.62 $ General Ledger Adjustments
Wages Payable 0.00
TOTAL CASH & INVESTMENTS $ 30,881,625.38
Books - All Funds September 2021 September 2022 Difference % of Variance 100 GENERAL FUND 3625457 3579140.92 -46,316.08 -1.28%
105 GENERAL FUND CONTINGENCY RESERVE 1008859.5 1099071.4 90,211.90 8.94% 110 FIXED ASSESTS 0 0 0.00 n/a
210 SEWER 3217172.31 3667335.75 450,163.44 13.99%
215 SEWER FIXED ASSET REPLACEMENT 5028241.54 5178784.82 150,543.28 2.99% 220 SEWER DEV IMPACT FEE -361348.03 296444.62 657,792.65 182.04% 225 WWTP Expansion 2008 104921.57 -184054.07 -288,975.64 -275.42% 240 WATER 750333.31 1173845.35 423,512.04 56.44%
245 Water TCP123 2780869.95 3639891.66 859,021.71 30.89% 250 WATER DEV IMPACT FEE 278358.63 459648.45 181,289.82 65.13% 255 Water Fixed Asset Replacement 1741673.35 723178.31 -1,018,495.04 -58.48% 270 COMMUNITY/SENIOR CENTER 19386.58 19419.48 32.90 0.17% 280 U.S.F. Resource Com. Center 1038.29 -1767.13 -2,805.42 -270.20% 310 Garbage/Refuse 140977.63 208481.18 67,503.55 47.88% 320 GAS TAX 2103 195034.22 207098.2 12,063.98 6.19%
321 GAS TAX 2105 79695.25 98079.93 18,384.68 23.07%
322 GAS TAX 2106 -3728.89 -22021.46 -18,292.57 -490.56% 323 GAS TAX 2107 46334.1 52431.94 6,097.84 13.16%
324 GAS TAX 2107.5 4422.14 5672.14 1,250.00 28.27%
325 Measure L SALES TAX-ROADS 826128.14 1313528.65 487,400.51 59.00% 326 SB-1 ROADS MAINTENANCE REHABILITATION 343424.91 480405.97 136,981.06 39.89% 340 LANDSCAPE LIGHTING DISTRICT 0 -1145.75 -1,145.75 #DIV/0! 350 BENEFIT ASSESMENT DISTRICT 0 -126.84 -126.84 #DIV/0! 360 COMMUNITY FACILITIES DISTRICT 7255.15 7255.15 0.00 0.00% 370 COMMUNITY ENHANCEMENT DEV IMPACT FEE 217485 263858.78 46,373.78 21.32% 371 TRENCH CUT FUND 3093.6 222093.6 219,000.00 7079.13% 372 IT RESERVE 110233.69 117968.36 7,734.67 7.02%
373 SELF-INSURANCE 73303.49 73303.49 0.00 0.00%
374 DIABILITY ACCESS AND EDUCATION 2803.14 4049.48 1,246.34 44.46% 380 CLAIM ON CASH-CLFRF/ARPA 904854 1715909.04 811,055.04 89.63% 381 AB109 PUBLIC SAFETY 35722.29 35722.29 0.00 0.00%
382 ASSET FORFEITURE 1660.43 1660.43 0.00 0.00%
383 VEHICLE ABATEMENT 36034.36 52481.02 16,446.66 45.64% 384 SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND 398049.04 448674.06 50,625.02 12.72% 385 FEDERAL FUNDED OFFICER FUND 6620 6620 0.00 0.00%
390 98-EDBG-605 BUSINESS ASSISTANCE 93595.6 93595.6 0.00 0.00% 391 96-EDBG-438 Grant 403.43 403.43 0.00 0.00%
392 94-STBG-799 HOUSING REHAB 228582.58 230153.82 1,571.24 0.69% 393 HOME Program Grant (FTHB) 35043.29 35043.29 0.00 0.00% 394 96-STBG-1013 Grant 211301.77 210636.94 -664.83 -0.31% 395 CALHOME REHAB 40000 40000 0.00 0.00%
410 LOCAL TRANSPORTATION 51671.34 51671.34 0.00 0.00%
415 LOCAL TRANSPORTATION NON MOTORIZED 13219 13219 0.00 0.00% 420 TRANSPORTATION STREET PROJECTS -241425.15 -240938.15 487.00 0.20% 425 PUBLIC WORKS STREET PROJECTS-CDBG -54911.39 -18628.78 36,282.61 66.07% 450 STORM DRAIN DEV IMPACT FEE 700750.75 832111.89 131,361.14 18.75% 451 PUBLIC FACILITY DEV IMPACT FEE 1605684.49 1726222.01 120,537.52 7.51% 452 PUBLIC FACILITY STREET DEV IMPACT FEE 352442.29 548036.05 195,593.76 55.50% 453 PARK DEV IMPACT FEE 720675.74 831965.53 111,289.79 15.44% 454 PARKLAND IN LIEU 557592.32 650928.22 93,335.90 16.74% 510 WATER/SEWER DEPOSIT 88788.66 98924 10,135.34 11.42% 520 RDA SUCCESSOR AGENCY 250817.73 347780.33 96,962.60 38.66% 521 RDA FIXED ASSETS 0 0 0.00 n/a
530 LANDSCAPE LIGHTING DISTRICT 6902.39 3528.21 -3,374.18 n/a 531 LANDSCAPE LIGHTING DISTRICT 54278.96 56463.61 2,184.65 n/a 532 LANDSCAPE LIGHTING DISTRICT 28782.86 26508.62 -2,274.24 n/a 533 LANDSCAPE LIGHTING DISTRICT 41365.22 42951.45 1,586.23 n/a 534 LANDSCAPE LIGHTING DISTRICT -31839.34 -30421.16 1,418.18 n/a 535 LANDSCAPE LIGHTING DISTRICT 9613.43 6403.86 -3,209.57 n/a 536 LANDSCAPE LIGHTING DISTRICT 25374.66 31479.63 6,104.97 n/a 537 LANDSCAPE LIGHTING DISTRICT -57308.4 -73222.74 -15,914.34 n/a 538 LANDSCAPE LIGHTING DISTRICT -33172.11 -47343.5 -14,171.39 n/a 539 LANDSCAPE LIGHTING DISTRICT 27995.29 25386.11 -2,609.18 n/a 540 LANDSCAPE LIGHTING DISTRICT 50671.17 52344.57 1,673.40 n/a 541 LANDSCAPE LIGHTING DISTRICT 30367.71 26192.32 -4,175.39 n/a 542 LANDSCAPE LIGHTING DISTRICT 3226.4 -1651.64 -4,878.04 n/a 543 LANDSCAPE LIGHTING DISTRICT 16027.54 28530.94 12,503.40 550 BENEFIT ASSESMENT DISTRICT 69505.34 69672.99 167.65 n/a 551 BENEFIT ASSESMENT DISTRICT 12655.83 11986.51 -669.32 n/a 552 BENEFIT ASSESMENT DISTRICT 130437.16 146101.41 15,664.25 n/a 553 BENEFIT ASSESMENT DISTRICT -1530.37 -7698.14 -6,167.77 n/a 554 BENEFIT ASSESMENT DISTRICT 52768.08 60954.81 8,186.73 n/a 555 BENEFIT ASSESMENT DISTRICT 13600.4 31472.2 17,871.80 n/a 560 COMMUNITY FACILITIES DISTRICT 19828.24 27921.58 8,093.34 n/a Developer Impact Fees *** 4,958,287.33 3,514,048.87 1,444,238.46 TOTAL ALL FUNDS: 30,881,625.38 26,748,148.60 4,133,476.78 Break Down of Impact Fees ***
220 SEWER DEV IMPACT FEE -361,348.03 $296,444.62 657,792.65 182.04% 250 WATER DEV IMPACT FEE 278,358.63 $459,648.45 181,289.82 65.13% 370 COMMUNITY ENHANCEMENT DEV IMPACT FEE 217,485.00 $263,858.78 46,373.78 21.32% 450 STORM DRAIN DEV IMPACT FEE 700,750.75 $832,111.89 131,361.14 18.75% 451 PUBLIC FACILITY DEV IMPACT FEE 1,605,684.49 $1,726,222.01 120,537.52 7.51% 452 PUBLIC FACILITY STREET DEV IMPACT FEE 352,442.29 $548,036.05 195,593.76 55.50% 453 PARK DEV IMPACT FEE 720,675.74 $831,965.53 111,289.79 15.44% Break Down of Impact Fees *** 3,514,048.87 4,958,287.33 1,444,238.46 41.10%
Reviewed By: Sopheap Dong-Carreon Date
City of Hughson
Treasurer's Report
September 2022
I hereby certify that the investment
activity for this reporting period
conforms with the Investment
Policy adopted by the Hughson
City Council, and the California
Government Code Section 53601.
I also certify that there are
adequate funds available to meet
the City of Hughson's budgeted
and actual expenditures for the
next six months.
Treasurer's Report - Charts and Graphs
September 2022
$296,444.62
$459,648.45
$263,858.78
$832,111.89
$1,726,222.01
$548,036.05
$0.00
$200,000.00
$400,000.00
$600,000.00
$800,000.00
$1,000,000.00
$1,200,000.00
$1,400,000.00
$1,600,000.00
$1,800,000.00
$2,000,000.00
September 2022 Breakdown of Developer Impact Fees
220 SEWER DEV IMPACT FEE
250 WATER DEV IMPACT FEE
370 COMMUNITY ENHANCEMENT DEV IMPACT FEE
450 STORM DRAIN DEV IMPACT FEE
451 PUBLIC FACILITY DEV IMPACT FEE
452 PUBLIC FACILITY STREET DEV IMPACT FEE
2018 2019 2020 2021 2022
Storm Drain 406,042.01 438,626.94 501,763.78 697,851.03 821,696.47 Community Enhancement 124,552.12 133,991.89 154,337.89 217,088.50 260,093.32 Public Facilities Development 1,276,405.92 1,315,559.09 1,393,754.91 1,602,393.67 1,715,765.80 Public Facilities Development-Streets -89,440.36 -38,872.36 63,752.76 348,375.67 531,632.05 Parks Development Impact Fees 458,711.88 486,176.63 535,352.10 717,919.60 824,538.14 Sewer Developer Impact Fees 1,517,819.28 1,633,311.63 1,864,292.59 (375,544.77) 241,724.08 Water Developer Impact Fees -119,412.37 -79,876.46 8,289.03 266,471.01 444,436.45 -500,000.00
0.00 500,000.00
1,000,000.00
1,500,000.00
2,000,000.00
5 Year Trend for Developer Impact Fees for the Month of September GENERAL FUND, 15.15%
SEWER, 11.88%
STORM DRAIN DEC IMPACT FEE, 2.69% SEWER FIXED ASSET REPLACEMENT, 16.77% PARK DEV IMPACT FEE, 2.69%
WATER , 3.80%
WATER TCP123, 11.79%
CLAIM ON CASH-CLFRF/ARPA, 5.56%
PUBLIC FACILITY DEV IMPACT FEE, 5.59%
Measure L SALES TAX-ROADS, 4.25%
Percentage of Fund - September 2022
GENERAL FUND
SEWER
SEWER FIXED ASSET REPLACEMENT
STORM DRAIN DEC IMPACT FEE
PARK DEV IMPACT FEE
WATER
WATER TCP123
CLAIM ON CASH-CLFRF/ARPA
PUBLIC FACILITY DEV IMPACT FEE
Measure L SALES TAX-ROADS
Note:
Data displayed represents largest
percentage of City funds. All
other funds represent less than
20% of the City's total Cash and
Investments.
Meeting Date: January 23, 2023
Subject: Appoint a Hughson Representative to the Stanislaus Animal Services Agency Advisory Committee
Enclosures: Application for Appointment
Stanislaus Animal Services Agency Advisory Committee
Bylaws
Draft City Council Boards & Committees Appointments
Presented By: Ashton Gose, Executive Assistant/City Clerk Approved By: ___________________________
City Manager
Staff Recommendation:
Appoint Linda Ford to the Stanislaus Animal Services Agency Advisory Committee.
Background and Overview:
The City Council’s participation in various boards and committees within the City and Stanislaus County is very beneficial to the City of Hughson.
To keep track of the boards and committees and to ensure continued involvement, the City Council reviews the Council Committee appointments annually.
Modifications to the assignments typically established each year are considered on an as-needed basis.
Due to the Covid-19 pandemic, the Stanislaus Animal Services Agency (SASA) Advisory Committee became inactive in 2020. Currently, there are no active committee members, and until the present time, there has not been an expressed interest by a Hughson resident for the seat on the SASA Advisory Committee.
Stanislaus Animal Services Agency Advisory Committee
The Committee was established on September 15, 2011, to protect and enhance the quality of life for animals and residents of Stanislaus County. The Committee is comprised of seven (7) members, six (6) of those members residing in each of the SASA Board member’s jurisdiction. Currently, City Manager Mayhew sits as a SASA Board member.
CITY COUNCIL AGENDA ITEM NO. 3.5
SECTION 3: CONSENT CALENDAR
Responsibilities include educating the community on animal care, public relations, and serving as a resource.
Key purposes:
• Serve as an advisor to the SASA Board and Executive Director • Promote public awareness of the Stanislaus Animal Services Agency • Develop methods to promote the adoption of animals at the shelter • Develop methods to decrease the number of animals entering the shelter ▪ Continue efforts to increase and encourage volunteer participation at the shelter Candidate for Appointment – Linda Ford
Hughson resident Ms. Linda Ford has over fifty (50) years of clerical to administrative experience, including a position formally held with SASA as a Confidential Assistant.
City Clerk Gose reached out to Ms. Ford in the last week to confirm her interest in the appointment in order to bring the item for City Council consideration. Ms. Ford submitted an application for appointment to the SASA Advisory Committee (2-year term) on January 6, 2023.
Should the City Council approve this item, City Manager Mayhew will recommend Ms. Ford’s appointment to the Advisory Committee, to the SASA Board for final approval.
Fiscal Impact:
There is no fiscal impact to the City of Hughson associated with this item. 3647 Cornucopia Way
Modesto, CA 95358
P: (209) 558-7387 | F: (209) 558-2138
StanislausAnimalServices.com
Community Working Together To Bring Pets Home
APPLICATION FOR APPOINTMENT TO THE COMMITTEE OF
Stanislaus Animal Services Agency Advisory Committee
I, , hereby make application for consideration by the
Board of Stanislaus Animal Services Agency to the above-named public office.
Residence Address: 2
City/State/Zip Code:
Phone: Home Cell:
E-mail address:
Identify strengths, background and experience which could contribute to representation of the public sector on policy development. Please list below:
• Employment Experience:
• Organization and Community Experience:
• Have you ever served on an advisory board/committee? If yes, when and which board/committee?
• Education: (High school, college, trade school or training.) Note: There is no specific educational requirement.
Do you have any financial or professional interest or association related tothis position? Yes No If yes, please explain.
Please list three references with telephone numbers:
Name Phone
1. 2.
3. Applicant Certification: PLEASE READ BEFORE SIGNING.
I CERTIFY that the statements made by me in this application are true, complete and correct to the best of my knowledge and belief. I understand that statements made are subject to verification and that any misrepresentation, fraud or omission of material facts may result in denial of appointment.
I hereby authorize representatives of Stanislaus Animal Services Agency (SASA) to contact organizations (including employers and schools) and individuals listed, for the purpose of establishing or verifying my qualifications and work history in connection with this application.
I understand and acknowledge that such information will be used confidentially and for the purpose of appointment decisions only.
Signature: Date:
This form must be emailed to Megan Morriss [email protected] or mailed/hand delivered to Stanislaus Animal Services Agency 3647 Cornucopia Way͕ MoĚesƚo͕ ϵϱϯϱϴ͘ Please note that members are required to file Conflict of Interest (form 700). More information is available from the California Fair Political Practices Commission (FPPC) website at www.fppc.ca.gov.
1 STANISLAUS ANIMAL SERVICES AGENCY
ADVISORY COMMMITTEE
BYLAWS
Adopted June 21, 2012
Amended November 20, 2014
ARTICLE 1-NAME
The name of this committee shall be the “Stanislaus Animal Services Agency Advisory Committee. Whenever the term “Committee” is used in these Bylaws, it shall mean Stanislaus Animal Services Agency Advisory Committee.
ARTICLE 2 - AUTHORITY
The authority for the formation and operation of this Committee is set forth in the Joint Powers Agreement Establishing the Stanislaus Animal Services Agency (“SASA”) dated October 27, 2009, paragraph 3.3 (j) and Government Code section 6500. The SASA Board approved formation of this Committee at its meeting on September 15, 2011.
ARTICLE 3-PURPOSE
The Committee is established to protect and enhance the quality of life for animals and residents of Stanislaus County. Responsibilities include educating the community on animal care; public relations; and serving as a resource. • Serve as an advisor to the SASA Board and Executive Director • Promote a public awareness of the Stanislaus Animal Services Agency • Develop methods to promote adoption of animals at the shelter. • Develop methods to decrease the number of animals entering the shelter. ▪ Continue efforts to increase and encourage volunteer participation at the shelter.
ARTICLE 4-MEMBERSHIP
Section 1. Composition. The composition of this Committee shall be comprised of seven (7) members: six (6) members-Each member of the Stanislaus Animal Services Agency Board shall appoint a member to the Committee who shall reside in that member’s jurisdiction; and one (1) member who shall be a licensed veterinarian appointed by the SASA Board. The licensed veterinarian must reside and maintain a physical location for their practice within County of Stanislaus or any of its cities.
2 The Committee will draw on consultation of California Licensed Veterinarians, kennel owner/operators, animal groups, and others, as needed. The consultants will provide their expertise in a non-voting capacity.
Section 2. Subcommittees. There shall be standing, ad hoc sub-committees.
The Chairperson shall recommend members for appointment to these subcommittees, subject the approval of the Committee. No more than three (3) Committee members may serve on each subcommittee. Each subcommittee shall select a chairperson who may or may not be a member of the Committee.
Section 3. Other. The Chairperson shall be an ex-officio member of all committees. All plans and/or recommendations from a subcommittee shall be (a) presented by the sub-committee chairperson, or designee, to the Committee for action and (b) acted upon at the next regularly scheduled meeting of the Committee.
ARTICLE 5-MEETINGS
Section 1. Date and Location of Meetings. The regular meetings of this Committee shall be held on the first Thursday of January, February, April, May, July, August, October and November at 3647 Cornucopia Way, at 6:00pm.
All meetings of the Committee shall be conducted in accordance with the Ralph M. Brown Act. The Chair or a majority of the Committee members may call a special meeting to conduct business outside of the regularly scheduled meeting dates, as needed.
Section 2. Cancellation of Meetings. The Chair of the Committee may cancel a meeting with 72 hours notice. In the event of a meeting cancellation, the Secretary shall provide a notice stating the date, time, and place of the next meeting of the Committee.
Section 3. Public Comment. Every agenda for regular and special meetings shall provide an opportunity for members of the public to address the Committee on any item of interest concerning the Stanislaus Animal Services Agency.
Section 4. Agenda. At least five days before each regular meeting the Secretary shall post and send by email a copy of the agenda of the meeting to each Committee member and member of the public who has requested in writing to receive the agendas of Committee meetings. Committee members shall also receive the printed materials referenced in the agenda, provided they are a reasonable size. In addition, all printed materials referenced in the agenda of the Committee shall be available for public review at the offices of SASA. 3 ARTICLE 6 - PARLIAMENTARY PROCEDURE
Section 1. Parliamentary Authority. The rules of parliamentary practice set forth in Robert's Rules of Order shall govern all meetings of the Committee.
Section 2. Quorum. A quorum shall consist of a simple majority of the members of the Committee. In the absence of a quorum, the Committee may adjourn or may reschedule the meeting to a specific date and time.
Section 3. Voting. Each of the seven members shall be a voting member of the Committee. The affirmative vote of a majority of a quorum of the Committee shall constitute the vote required for action.
Section 4- Attendance at Meetings. Members are expected to attend all meetings of the Committee and those meetings of the sub-committees on which the member sits. A member who is unable to attend a meeting shall give advance notice of his/her inability to attend the meeting to the chairperson or secretary. A roll call shall be taken at the beginning of each meeting. A member who arrives late (after roll call) has the responsibility to notify the secretary taking minutes of his/her arrival before or by the end of the meeting.
ARTICLE 7-OFFICERS
Section 1-Terms of Chairperson and Vice Chairperson. The officers of the Committee shall be a Chairperson (“Chair”) and a Vice-Chairperson (“Vice Chair”). At the first regular meeting of the Committee in January of each calendar year, the members of the Committee shall elect officers from among them. The officers shall take office on the date of their election. Officers shall be elected to serve for one year (1) year or until their successor is elected.
Section 2- Chair Responsibilities. The Chair shall preside at all meetings of the Committee, shall preserve order and decorum, shall decide all questions of order raised by any member, and shall determine the agenda for each meeting in consultation with SASA Executive Director. The Chair shall have the right to participate in the proceedings of the Committee. The Chair shall represent the Committee before the SASA Agency Board. In the absence of the Chair, the Vice-Chair shall preside until such time as the Chair returns or until the next scheduled election. In the absence of both the Chair and the Vice-Chair, the members shall select by motion a member to preside over the meeting.
Section 3-Secretary.
The SASA Executive Director shall appoint a staff person to serve as Secretary.
The Secretary is not a member of the Committee and has no vote. The duties of the Secretary are to act as custodian of the records of the Committee, to make a complete record of the proceedings of the Committee, and to perform other functions directed by the Committee or by these Bylaws
4 ARTICLE 8-ADVISORY COMMITTEE
Section 1-Term of Office. Each SASA Board member shall recommend an individual for appointment to the Committee in accordance with its local rules, and then subject to the SASA Board’s approval. All Committee members shall serve a term of two (2) years, and may be re-appointed for a second term with the approval of the SASA Board. After sitting out one term, a Committee member may re-apply for appointment. Members shall serve without compensation.
Section 2-Removal. Committee members may be removed for good cause by the SASA Board. Upon removal, the SASA Board shall appoint a suitable person, from the same jurisdiction as the removed member, to serve the remaining term of a Committee member. The person appointed to fill this unexpired term shall not be considered to have served a term.
Section 3-Vacancy. When a vacancy occurs for any reason the Committee Secretary shall notify SASA Board. The SASA Board shall appoint a suitable person from the same jurisdiction until the end of the unexpired term. The person appointed to complete the unexpired term shall not be considered to have served a term.
Section 4-Conflict of Interest. When a matter is discussed, considered or voted on by the Committee or a sub-committee that involves potential financial benefit, or other conflicting concern, to a Committee member, that member shall abstain from such discussion, consideration, and vote on that matter.
ARTICLE 9: ADOPTION AND AMENDMENT
Section 1-Adoption. These Bylaws shall become effective immediately upon approval by a majority of the membership of the Committee and approval by the Stanislaus Animal Service Agency Board.
Section 2-Amendment. These Bylaws may be amended by a majority vote of a quorum of the Committee provided that fifteen (15) days before the meeting, the full Committee is notified of the language of such change(s) and of the time, date and place of the intended vote on such change(s). The amendment will not be effective until approved by the Stanislaus Animal Services Agency Board. 1 City Council Boards & Committees Appointments
January 1, 2023 – December 31, 2023
Draft January 23, 2023
2+2 Committee School District:
Quarterly
Ramon Bawanan
Julie Strain
2+2 Fire District Committee:
Every Other Month
Randy Crooker
George Carr
Budget & Finance Subcommittee:
As needed – 3 to 4 times per year
Ramon Bawanan
George Carr
Economic Development Committee:
4th Monday of Each Month
George Carr
Randy Crooker
Sam Rush (Alt)
League of California Cities Executive Committee:
Quarterly – Or as Needed
George Carr
Julie Strain (Alt)
San Joaquin Valley Air Pollution Control District Committee:
As Needed
Sam Rush
Julie Strain (Alt)
Stanislaus Council of Governments (StanCOG) Board of Directors: 3rd Wednesday of Each Month
George Carr
Ramon Bawanan (Alt)
Stanislaus County Disaster Council:
Once A Year or As Needed
Julie Strain
Ramon Bawanan (Alt)
Stanislaus County Local Task Force on Solid Waste:
Quarterly
Sam Rush
Randy Crooker (Alt)
Stanislaus Economic Development Action Committee (EDAC): 2 Times Per Year George Carr Sam Rush (Alt)
JPA – West Turlock Subbasin Groundwater Sustainability Agency - Quarterly Randy Crooker Sam Rush (Alt)
Turlock Mosquito Abatement District Michael Ann Mitchell SASA Advisory Committee Linda Ford
Meeting Date: January 23, 2023
Subject: Consideration to Re-appoint Alan McFadon to the Planning Commission
Presented By: Ashton Gose, Executive Assistant/City Clerk Approved By: __________________________
City Manager
Staff Recommendation:
Re-appoint Alan McFadon to the Planning Commission.
Background and Overview:
The Hughson Planning Commission consists of five members appointed by the Mayor, with a majority of the City Council, to alternating two-year terms. Currently, there are two (2) scheduled vacancies for terms that expired on December 31, 2022.
Incumbent Alan McFadon has expressed his interest in continuing to serve on the Planning Commission. If appointed, his term would begin January 1, 2023 and expire on December 31, 2024.
Since there is still one Commission term that expired on December 31, 2022 (former Commissioner Randy Crooker), staff will open an application period, and advertise the vacancy until filled.
Fiscal Impact:
Per the Hughson Municipal Code, Hughson Planning Commissioners are compensated $50 per meeting attended and reimbursement of necessary travel and other expenses incurred by the performance of their official duties. The City’s annual budget includes funding for this commitment.
CITY COUNCIL AGENDA ITEM NO. 3.6
SECTION 3: CONSENT CALENDAR
Meeting Date: January 23, 2023
Subject: Adopt Resolution No. 2023-04, Approving a Professional Services Agreement for Strategic Planning Services and
Authorizing the City Manager to Execute the Agreement
Enclosures: Professional Service Agreement
Sloan Sakai Yeung & Wong LLP – Management Strategies
Group Services
Brad Kilger Narrative
Presented By: Merry Mayhew, City Manager
Approved By: __________________________
City Manager
Staff Recommendations:
1. Adopt Resolution No. 2023-04, approving the Professional Services Agreement with Sloan Sakai Yeung & Wong for City Council Strategic Planning Services.
2. Authorize the City Manager to execute the Professional Services Agreement with Sloan Sakai Yeung & Wong for City Council Strategic Planning Services inclusive of any final edits by the City Attorney.
Background:
During Fiscal Year 2017-18 the Hughson City Council and staff undertook a comprehensive update of the Council’s goals and objectives process. This included holding a public workshop to assist in determining the City’s priorities, values, and vision for the community to help reset the City’s goal-setting process. On February 13, 2018, the Hughson City Council approved updated vision and mission statements and a set of values that reflected the City’s desire for the future of Hughson and indicate how the City will carry out its duties to achieve that future.
The Council also adopted a list of goals and accompanying action steps to set forth the priority programs and projects the City expected to accomplish and how it would focus its resources.
CITY COUNCIL AGENDA ITEM NO. 3.7
SECTION 3: CONSENT CALENDAR
Since 2018 the Council has reviewed a Goals Report in 2019, 2020, and 2021 to ensure the goals align with allocated resources during the annual budget process and to establish the City’s priorities for the upcoming year. With the addition of two new members to the City Council staff believes it is an opportune time to revisit the City’s current vision, mission, values, goals and most important priorities in order to ensure they reflect the intent of the current City Council and also to ensure the City’s limited resources are properly focused on the most critical needs and projects.
Discussion:
If Council concurs, staff is recommending the City Council undertake an update of the goal-setting process similar to what was done in 2018. However, staff believes it would be beneficial to utilize a more comprehensive strategic planning approach to formulating the Council’s priorities for the coming fiscal year. Strategic planning includes goal setting, but it can also include a review of current data on community and economic trends, infrastructure needs; staffing, City finances, an assessment of the City’s strengths, weaknesses (challenges) opportunities, and threats, and the creation of a prioritized action plan. These tools assist the City in identifying relevant priority projects and prioritizing services and resource allocations that address the current needs of the community, in addition to crafting the City’s mission, vision, and values.
The benefits to using a strategic plan process include:
• Providing clear guidance on the goals of the governing body to the City Manager.
• Creating a communication device for the Council, staff, and community members.
• Providing a framework for making budgetary decisions. • Assisting in prioritizing programs and projects.
• Assisting in focusing the allocation of limited financial and staffing resources. • Informing the community about City services, fundamental needs and financial capacity
• Assisting in obtaining input from the community about the City’s future.
Developing a comprehensive long-term (three to five-year) strategic plan takes significant time, planning and funding. Such an endeavor is most likely not practical for a City the size of Hughson with our limited resources. Therefore, staff is recommending a process that is more manageable yet serves the purpose of identifying the Council’s priorities and implementing them based on the best available data and information.
The process envisioned by staff would include the following components:
• Interviews of Council, management staff and key stakeholders to ascertain needs and wants and perceptions of the opportunities and challenges facing the City in accomplishing those needs.
• City Council conducts a single full-day workshop or two half-day workshops to do the following:
o Review the data collected and the results of interviews. o Discuss the City’s current strengths, weaknesses, opportunities and threats.
o Review and discuss the City’s current vision, mission, and values and make any desired modifications.
o Review of current goals and the progress in attaining them. o Establish a set of long-range goals and if appropriate objectives. o Develop a list of specific actions to accomplish over the next 12 to 24 months for each goal.
o Using agreed-upon selection criteria conduct an initial prioritization of the action items.
• Staff will take the decisions of the Council and prepare a draft strategic plan for Council consideration at a future Council meeting.
• As part of the upcoming budget process the proposed action items will be reviewed to evaluate staffing resources and funding requirements for each action item. Based on this information the Council will conduct a final prioritization of the action items. Those selected will be incorporated into the FY 2023-24 Budget.
The end result is a document that sets forth the City’s current vision, mission, values, goals and objectives and outlines a strategy for implementing them. The plan would be used by both the City Council and staff to prioritize services and projects. This is especially true for new opportunities that present themselves. If something that is not in the City’s work plan or budget comes up, staff and the Council can evaluate whether this opportunity meets the objectives of the adopted Strategic Plan.
Staff is seeking City Council concurrence to undertake a strategic planning process that will enhance the City’s long-term planning and goal setting, which will help provide a foundation for making budgeting decisions and the prioritization of services in a fiscally sustainable manner. If Council agrees to proceed, staff will need assistance in developing the information and materials for the Council’s workshop.
It would also be beneficial to utilize the services of an experienced strategic planning consultant to facilitate the workshop. Staff has reached out to an experienced public sector management consulting firm, Sloan Sakai Yeung & Wong, which has offered the services of one of their team to assist staff (see attached background information and consultant biography). As City staff cannot determine the exact number of consultant hours that will be required to assist staff in conducting the strategic planning process, it is recommended the City enter into a professional service agreement for a not-to-exceed amount.
Fiscal Impact:
The proposed professional service agreement is for a not-to-exceed amount of $10,000 for a limited term duration of four months and will be funded through the General Fund. There are existing budget appropriations to pay for the consultant services due to current finance staff vacancies.
CITY COUNCIL
CITY OF HUGHSON
RESOLUTION NO. 2023-04
RESOLUTION OF THE CITY OF HUGHSON CITY COUNCIL APPROVING THE
PROFESSIONAL SERVICES AGREEMENT WITH SLOAN SAKAI YEUNG & WONG
FOR STRATEGIC PLANNING SERVICES
WHEREAS, the City has determined that it requires the professional services of a consultant to assist City staff in conducting a strategic planning process to create a vision for City of Hughson’s future, and determining the necessary goals, priorities, and action strategies to achieve that vision; and
WHEREAS, the City and the Consultant desire to enter into this “Master Professional Service Agreement,” which commences on January 24, 2023, for the Consultant to provide the above-described planning services; and WHEREAS, the Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson approves the Professional Services Agreement with Sloan Sakai Yeung & Wong for strategic planning services in an amount not to exceed $10,000.
PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 23rd day of January 2023 by the following roll call vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
GEORGE CARR, Mayor
ATTEST:
__________________________
ASHTON GOSE, City Clerk
MASTER
PROFESSIONAL SERVICES AGREEMENT
(City of Hughson/ Sloan Sakai Yeung & Wong LLP)
THIS MASTER SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Hughson, a California municipal corporation ("City") and Sloan Sakai Yeung & Wong LLP ("Consultant").
RECITALS
WHEREAS, the City has determined that it requires the professional services of a consultant to assist City staff in conducting a strategic planning process to create a vision for City of Hughson's future, and determining the necessary goals, priorities, and action strategies to achieve that vision.
WHEREAS, the City and the Consultant desire to enter into this "Master Professional Service Agreement," which commences on January 24,2023, for the Consultant to provide the above-described planning services.
WHEREAS, the Consultant represents that it is fully qualified to perform such professional services by vinue of its experience and the training, education and expertise of its principals and employees.
WHEREAS, the Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
1. DEFINITIONS
1.1. "Scope of Services" means the professional services as are generally set forth in Scope attached hereto as Exhibit A, and incorporated herein by this reference.
1.2. "Approved Fee Schedule" means the compensation rates as are set forth in Consultant's "Compensation" document attached hereto as Exhibit B.
1.3. ooCommencement Date" means January 25,2023'
1.4. "Expiration Date" means the date the contract is expired. 1679575-2
2. TERM
2.1 The term of this Agreement shall commence at 12:00 a.m. on January 25,2023 and shall expire at 11:59 p.m. on ly'ray 26,2023 unless extended by written agreement of the parties or terminated earlier in accordance with Section 14 ("Termination") below.
3. CONSULTANT'S SERVICES
3.1 . Consultant shall perform the services identified in the Scope of Services attached as Exhibit A. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the total sum set forth in Section 4.1 unless specifically approved in advance and in writing by City.
3.2. Services performed by Consultant under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest pròvisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).
3.3. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The Community Development Director, or his/her designee shall be Consultant's project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's project administrator without City's prior written consent.
4. COMPENSATION
4.l. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with Exhibit B. The maximum compensation for the services to be provided under this Agreement Consultant may charge City and which City will pay Consultant is $10,000. City also agrees to reimburse Consultant for any extraordinary costs Consultant incurs in the performance of the services provided under this Agreement, provided such extraordinary costs are approved in writing by City.
4.2 Consultant shall submit to City an invoice for the services performed pursuant to this Agreement. Each invoice shall include a detailed itemization of the services rendered during the billing period and the amount due. Within ten business days of receipt of each invoice, City shall 1679575-2
notiû/ Consultant in writing of any disputed amounts included on the invoice. Within thirty days (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the.invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.
4.3. Payments for any services requested by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant's standard fee schedule.
5. OWNERSHIP OF WRITTEN PRODUCTS
5.1. All reports, documents or other written material ("written products") developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subj ect of a copyright application by Consultant.
6. RELATIONSHIP OF PARTIES
6.1. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
7. CONFIDENTIALITY
7.1. To the fullest extent permitted by law, all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.
8. INDEMNIFICATION
8.1. To the fullest extent permitted by law, Consultant shall indemnifr, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged acts that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement, except those matters arising from City's sole negligence or willful misconduct. Such costs and expenses shall include reasonable attorneys'fees incurred by counsel of City's choice. To the extent applicable, Consultant's duty 1679575-2
to defend professional liability claims is subject to the provisions of California Civil Code Section 2182.2.
8.2. City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant's failure to pay City promptly any indemnification arising under this Section 8.
8.3. The obligations of Consultant under this Section I will not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
8.4. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section I from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnifu, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subcontractors or any other person or entþ involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.
8.5. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
9. INSURANCE
9.1. During the term of this Agreement, Consultant shall caÍry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
9.1.1. Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000), per occurrence and in the aggregate, including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, undergroun d hazar d, and explo sion and collapse hazar d where applicable.
9.I.2. Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident. 1679575-2
9.1.3. Worker's Compensation insurance as required by the laws of the State of California.
9.1.4. Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000).
9.2. Consultant shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement.
9.3. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.
9.4. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant's expense, the premium thereon.
9.5. At all times during the term of this Agreement, Consultant shall maintain on file with City a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City and its officers, employees, agents and volunteers as additional insureds. Consultant shall, prior to commencement of work under this Agreement, file with City such certificate(s).
9.6. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
9.7.The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
9.8. The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.
9.9. All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant's employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
9.10. Any deductibles or self-insured retentions must be declared to and approved by the City.
1679575-2
9.1 1. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemni$r, hold harmless and defend under Section I of this Agreement.
10. MUTUAL COOPERATION
10.1 . City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant's services under this Agreement.
l0.2.Inthe event any claim or action is brought against City relating to Consultant's performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.
11. RECORDS AI\D INSPECTIONS
I 1.1. Consultant shall maintain fu1l and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
12. NOTICES
12.1. Ãny notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
City of Hughson
City Manager
P.O. Box 9
Hughson, CA95326
Telephone: (209) 883-4054
Facsimile: (209) 883-2638
With courtesy copy to
Eric Nims, City Attomey
Neumiller & Beardslee
P.O. Box 20
3121 W. March Lane, Suite 100
Stockton, CA952l9
1679575-2
Telephone : (209) 9 48-8200
Facsimile: (209-) 948-4910
If to the Consultant:
Timothy Yeung, Managing Partner
555 Capitol Mall, Suite 600
Sacramento, CA 95814
Phone: 9 1 6-258-8800
Email: [email protected]
13. SURVIVING COVENANTS
13.1 . The parties agree that the covenants contained in Section 7, Section 8, Paragraph
10.2 and Section 11 of this Agreement shall survive the expiration or termination of this Agreement.
1.4. TERMINATION
14.I. City shall have the right to terminate this Agreement for any or no reason on five calendar days' written notice to Consultant. Consultant shall have the right to terminate this Agreement for any or no reason on thirty calendar days' written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be retumed to City upon the termination or expiration of this Agreement. ß.2.If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. GENERAL PROVISIONS
1 5. 1 . Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
15.2. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
1679575-2
15.3. Consultant agrees to comply with the regulations of City's "Conflict of Interest Code." Said Code is in accordance with the requirements of the Political Reform Ãct of 1974.
Consultant covenants that it presently has no interest, and shall not have any interest, direct or interest, which would conflict in any manner with the performance of service required hereunder.
The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Hughson Conflict of Interest Code, as that term is applied to consultants.
15.4. In accomplishing the scope of services of this Agreement, Consultant(s) may be performing a specialized or general service for the City, and there is a substantial likelihood that the consultant's work product will be presented, either written or orally, for the purpose of influencing a goverïìmental decision. As a result, employees of the Consultant or the Consultant itself may be subject to a Category "I" disclosure of the City's Conflict of Interest Code. If in fact this applies to the Consultant a form 700 must be filed.
15.5. The captions appearing at the commencement of the sections hereof, and in any paragraphthereof, are descriptive only and for convenience in reference to this Agreement.
Should there be any conflict between such heading, andthe section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
15.6. The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
15.7. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
15.8. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any pafi of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees expended in such action.
15.9. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or 1679575-2
unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than tliose as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
15.10. This Agreement shall be governed and construed in accordance with the laws of the State of California.
15. I 1 . If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that the venue thereof shall be the County of Stanislaus, State of Califomia. Consultant hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.
15.I2. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations here from shall be effective and binding only if made in writing and executed by City and Consultant.
15. 13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for purposes of validity, enforceability, and admi ssibility.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. *City"
City of Hughson
'oConsultant"
Sloan Sakai Yeung & Wong LLP
By:
Merry Mayhew, City Manager Yeung, Partner
Date:
By:
ilwlas
1679575-2
Date
Attest
By
Ashton Gose, City Clerk
Date
Approved as to form:
By
Eric Nims, City Attorney
Date:
1679575-2
10 EXHIBIT A
SCOPE OF SERVICES
Consultant, Sloan Sakai Yeung & Wong LLP ("Consultant"), shall provide strategic planning services, which include, but are not limited to reviewing relevant City ãocu-ents; preparing reports; assisting City staff in conducting an Environmental Scan of the óommunity; conducting interviews with City Council members and City management staff to ascertain individual expectations and goals for the community, perceptions of the City's strengths and weaknesses in achieving those goals, and irrgg.ìt"d priorities to accomplish the goals; facilitating one or two community workshops with City Council and staff to develop an agreed upon vision, mission and values for the City, which will guide the creation of goals and action items to implement the vision; and assisting City staff in the creation of a work plan to apiropriately focus staff and City financial resources on accomplishing the adopted uòiion items ("Services"). The Services shall not include any legal advice, legal analysis, or legal representation.
As may be directed by the City Manager, Consultant will also provide other non-legal, consuliing services for additional matters that are requested, provided there is mutual ugr..-.ni to perform that additional work. A letter confirming such additional work shall bring such work within the scope of this agreement.
Consultant's authorized representative, Brad Kilger, shall be the primary person responsible for the performance of the Services. No other person may perform Services relating to this Agreement without the City Manager's prior written consent and Consultant ihall not replace Brad Kilger with any other personnel without the City Manager's prior written consent.
1679575-2
EXHIBIT B
COMPENSATION
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the not-to-exceed amount (as defined in Section 4.1 of the Agreement).
CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the not-to-exceed amount:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job times the agreed hourly rate for such labor as set forth on the attached Exhibit B-1. CITY will pay regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses. b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred' 1679575-2
EXHIBIT B-I
Compensation for the Services will be based on a discounted standard for the personnel performing services under this agreement at the time such services are rendered. The discounted rate is $200 per hour. Brad Kilger will be the Consultant primarily responsible for providing Services and no other person may perform the Services relating to this Agreement without prior written consent from the City Manager. If other Consultants, are assigned to work on projects relating to this Agreement, then current hourly rates of those individuals in the amounts identified below for "other consultants" shall be utilized.
Public Sector Fee Schedule
Effective January 1,2023 to December 31, 2024
Brad Kilger: $200
Other Consultants: $175 - $295
These rates are reviewed and may be adjusted annually, generally in January of each year.
1679575-2
2200 Powell Street, Suite 450
Emeryville, CA 94608
555 Capitol Mall, Suite 600
Sacramento, CA 95814
Solving Complex Problems
At Sloan Sakai Yeung & Wong LLP, our goal is to help you solve the complex challenges facing your organization, helping you to accomplish your mission. Our approach is team-based and multidisciplinary. Our talent is top notch. Our firm environment is open, supportive, and innovative. Put it all together and you have one of the preeminent firms in the state supporting and working for you.
Partnering for the Future
We strive to be long-term partners to our clients. We give our clients the best thinking from attorneys and consultants who know the most about the issues clients face. We work collaboratively with clients to implement that thinking for success and over the long run. We are nimble, with the ability to quickly pull together subject matter experts to address a client’s problem.
This allows us to innovate where others are merely adequate. We also have the expertise to recommend practical solutions that minimize risk, while assertively representing clients should litigation arise.
Our Areas of Expertise:
Labor Law: On a daily basis, our team helps public employers meet the ample challenges of California’s exceptionally broad and challenging public sector labor laws.
Labor Relations & Collective Bargaining: Our labor lawyers offer labor law advice and representation to public and non-profit employers, serving as chief negotiators at the bargaining table and advising on strategy and strategic initiatives.
Government Law: We provide strategic and timely advice that takes into account the practical realities faced by appointed and elected decision-markers and the staff hired to support them.
Employment Law: We guide employers through the ever-changing maze of federal and state employment laws, local codes and ordinances, collectively bargained agreements, and personnel rules and policies.
Environmental Law/CEQA: Our firm has extensive experience representing public agencies in a wide range of environmental law issues, including the interpretation of, and compliance with, the California Environmental Quality Act.
Litigation: Our team’s extensive experience defending public agency decisions and actions in federal and state courts contributes toward the best possible case outcomes.
Workers’ Comp Carve-Outs: An alternative to the Workers’ Comp system, our firm represents and helps employers develop a Carve-Out program that will save substantial time and money while improving labor/management relations.
Investigations: Our firm is often called upon to conduct investigations into allegations of harassment, discrimination, retaliation, whistle blower claims, ethics violations, misuse of public resources, workplace fraud, workplace violence, and other kinds of misconduct in the workplace.
Non-profit Organizations: As advisors, litigators and negotiators, we do all we can to help nonprofits and charter schools not only meet their challenges but thrive.
For more information, visit sloansakai.com
2200 Powell Street, Suite 450
Emeryville, CA 94608
555 Capitol Mall, Suite 600
Sacramento, CA 95814
True to the spirit of innovation, Sloan Sakai Yeung & Wong provides you access to our carefully selected team of consultants from our fully integrated consulting practice called the Management Strategies Group (MSG). The synergy between the legal and consulting branches provides a unique blend of skills and talents that benefits our clients in unique ways. You don’t always need a lawyer to help solve problems or make better management decisions. As former public servants with insight drawn from decades of experience, MSG offers pragmatic and effective solutions and work with your management team to develop and implement a winning strategy for changes. Our experts have walked in your shoes and understand your world, providing critical support in any situation.
MSG Services Include:
• Labor Relations & Collective Bargaining
• Human Resources Management
• Risk Management
• Executive Support, Crisis Management & Organizational Development • Public Safety Management
• Joint Powers Authorities and 911 Centers
• Financial Management & Restructuring
• Department Assessments & Project Management
For more information, visit mgmt-strategies.com
PERSONAL NARRATIVE FOR
BRAD L. KILGER, AICP
Mr. Kilger has over 40 years of professional municipal government experience.
He retired in February 2019. Since his retirement he has worked as a public sector management consultant and interim city manager in the cities of Gustine, Calistoga, Los Altos and South Lake Tahoe. Prior to retiring he served as City Manager for the cities of Martinez, Benicia and Ceres, and the Town of Yucca Valley. In addition to having extensive public sector management experience, his primary field of technical expertise is in economic and community development.
In that capacity he has served as Community and Economic Development Director in the cities of Modesto, Murrieta, and the Town of Apple Valley. He has also held the positions of Planning Director for the City of San Bernardino and Deputy Planning Director for the County of San Bernardino.
Mr. Kilger received a Bachelor of Science degree in Environmental Sciences from the University of California Riverside and a Masters Degree in Business Administration from California State University San Bernardino. He holds a Certificate in Economic Development from California State University, Bakersfield and is a credentialed member of the American Institute of Certified Planners (AICP).
Mr. Kilger is a member of the International City/County Management Association (ICMA) and the California City Managers Foundation (CCMF). He currently serves as ICMA Senior Advisor for the Central Valley Division of the League of California Cities City Manager’s Department. He has previously served as President of the League of Cities City Managers Department, President of the California Redevelopment Association (CRA), Vice-chair of the California Rural Development Council, on the Board of Directors of the California Association for Local Economic Development (CALED), and as a member of the California Planning Roundtable.
Meeting Date: January 23, 2023
Subject: Adopt Resolution No. 2023-05, Accepting Senior Nutrition Infrastructure Grant Funds from the County of Stanislaus in the Amount not to Exceed $114,450, and Authorizing the City Manager to Execute a Subrecipient Agreement
Enclosure: Agreement Between the County of Stanislaus Area Agency on Aging and Veteran’s Services and the City of Hughson Presented By: Ashton Gose, Executive Assistant/City Clerk Approved By: ________________________
City Manager
Staff Recommendations:
1. Adopt Resolution 2023-05, accepting Senior Nutrition Infrastructure Grant Funds from the County of Stanislaus in the amount not to exceed $114,450.
2. Authorize the City Manager to execute a subrecipient agreement, inclusive of any final edits by the City Attorney.
Background and Discussion:
The Hughson Senior Community Center was constructed some time ago through a partnership between the City and the Chamber of Commerce that raised funds to construct a facility that would provide services to meet the needs of the Hughson community with a focus on the senior members of the population.
The Center is currently utilized as a location for the County of Stanislaus Area Agency on Aging and Veteran Services Congregate Senior Meals Program, with members meeting at least three times a week.
On November 8, 2022, the County Board of Supervisors adopted a resolution approving the Senior Nutrition Infrastructure Grant Funds, which provides and emphasizes priority funding for purchasing, upgrading, or refurbishing infrastructure for the production and distribution of congregate or home-delivered meals, for the Area Agency on Aging.
CITY COUNCIL AGENDA ITEM NO. 3.8
SECTION 3: CONSENT CALENDAR
The Area Agency on Aging requested a scope of work from the City for the Community Senior Center to include potential item/equipment purchases, and infrastructure upgrades and estimated costs associated with each. The approved scope of work is included in the attached Subrecipient Agreement as Exhibit A.
The purchases and upgrades include the following:
• Removal and replacement of dining room flooring, 3,375 square feet • Energy efficient lighting replacement (LED commercial can lights in the • kitchen/dining area)
• Tables – 4 mobile cafeteria tables
• Chairs – 50 stackable chairs
• Ice machine 265 lb. capacity
• Steam Table – 3 well 120V
• Refrigerator 54” reach in
• Commercial 1000W microwave
• Prep table 36x30
• Flying insect air curtain 42”
As equipment purchases and property upgrades are made and completed, the City will forward invoices/receipts to the County as proof for reimbursement, in the total amount not to exceed $114,450.
Fiscal Impact:
There is no negative fiscal impact associated with this item. As reimbursements are received, the City will apply the funds directly to the costs associated with purchases and upgrades to the Community Senior Center.
CITY OF HUGHSON
CITY COUNCIL
RESOLUTION NO. 2023-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON ACCEPTING
SENIOR NUTRITION INFRASTRUCTURE GRANT FUNDS FROM THE COUNTY OF STANISLAUS IN AN AMOUNT NOT TO EXCEED $114,450 AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SUBRECIPIENT AGREEMENT
WHEREAS, the Hughson Community Senior Center is utilized as a location for the County of Stanislaus Area Agency on Aging and Veteran Services Congregate Senior Meals Program; and
WHEREAS, the Senior Nutrition Infrastructure Grant provides and emphasizes priority funding for purchasing, upgrading, or refurbishing infrastructure for the production and distribution of congregate or home-delivered meals; and WHEREAS, the City of Hughson has identified uses for purchasing, upgrading, or refurbishing the Senior Community Center for the production and distribution of congregate or home-delivered meals.
WHEREAS, on November 8, 2022, the County Board of Supervisors adopted a resolution approving the Senior Nutrition Infrastructure Grant Funds for the Area Agency on Aging and authorized the Director of the Department of Aging and Veterans Services, to sign contract NI-2223-30 with the California Department of Aging in the amount of $760,004 for the term of October 1, 2022, through October 31, 2023, and any subsequent amendments; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson accepts Senior Nutrition Infrastructure Grant Funds from the County of Stanislaus, in the amount not to exceed $114,450, and authorizes the City Manager to execute the Subrecipient Agreement, attached hereto as Exhibit A, inclusive of any final edits from the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 23rd day of January 2023 by the following roll call vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
__________________
GEORGE CARR, Mayor
ATTEST:
____________________
ASHTON GOSE, City Clerk
1 AGREEMENT BETWEEN
THE COUNTY OF STANISLAUS
AREA AGENCY ON AGING
AND VETERANS SERVICES
AND THE CITY OF HUGHSON
This AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (the “Agreement”), dated for reference purposes as of October 1, 2022, is by and between STANISLAUS COUNTY AREA AGENCY ON AGING AND VETERANS SERVICES ("the County") and the CITY OF HUGHSON ("Subgrantee"), a California non-profit corporation or a public agency.
RECITALS
WHEREAS, on November 8, 2022, the County Board of Supervisors adopted a resolution approving the Senior Nutrition Infrastructure Grant Funds for the Area Agency on Aging and authorized the Director of the Department of Aging and Veterans Services, to sign contract NI2223-30 with the California Department of Aging in the amount of $760,004 for the term of October 1, 2022, through October 31,2023, and any subsequent amendments.
WHEREAS, The Senior Nutrition Infrastructure Grant (“Grant”) provides and emphasizes priority funding for purchasing, upgrading, or refurbishing infrastructure for the production and distribution of congregate or home-delivered meals, including but not limited to the following:
• Production-scale commercial kitchens including commercial grade equipment such as ovens, stoves, steamers, and mixers.
• Warming, refrigeration, or freezer capacity and equipment including refrigerators and freezers, hot holding equipment, insulated food delivery bags, and steam tables. • Food delivery vehicles including cars, trucks, vans, and temperature-controlled vehicles. • Improvements and equipment to expand capacity for providers of meals including food/meal packing equipment, dishwashers, three-compartment sinks, prep tables, steam tables, and salad bars.
• Refurbishments including repair or replacement of damaged and/or deteriorated flooring and/or repair and painting of damaged wall surfaces in areas where food is prepared, packaged, stored, or served including areas where kitchenware is washed and stored. • Grantee must verify flooring or painting is not covered under a building lease prior to requesting use of infrastructure funding for this purpose and the grantee must maintain documentation in case of grant monitoring or audit.
• Energy efficient light fixtures in kitchen or congregate meal service areas. • Installation costs (labor/materials) for allowable improvements and equipment.
Exhibit A
2 • Furniture, including table and chairs, for congregate meal service areas.
WHEREAS, this funding cannot be used to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life. This includes any equipment that is permanently affixed to a building such as non-portable generators, walk-in refrigerators, and walk-in freezers.
WHEREAS, the Subgrantee has applied to be a subrecipient of Grant funds for the purposes approved in the Grant Agreement.
NOW THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. RECITALS. The above recitals are true and correct and are hereby incorporated as a material part of this Agreement.
2. SCOPE OF WORK.
2.1 The Subgrantee shall procure and purchase the equipment, infrastructure or improvements (“Improvements”) set forth in EXHIBIT A attached hereto and by this reference, made a part hereof.
2.2 After the Improvements are procured, purchased, installed and operational, the County will reimburse the Subgrantee for the actual cost of the work, not to exceed the amount set forth in EXHIBIT A. The Subgrantee’s request for reimbursement shall be on forms approved by the County.
2.3 The Subgrantee shall provide the insurance set forth in EXHIBIT B attached hereto and by this reference, made a part hereof.
2.4 Improvements installed by the Subgrantee shall be performed in a timely manner consistent with the requirements and standards established by the Grant Requirements set forth in EXHIBIT C and applicable Federal, State and County laws, ordinances, regulations and resolutions.
2.5 If the Improvements require installation costs, Subgrantee shall pay for all costs of installation without reimbursement from the Grant, unless otherwise set forth in Exhibit A.
2.6 Subgrantee’s contractors shall comply with all applicable prevailing wage and Labor Code requirements as set forth on EXHIBIT D.
3 2.7 Except as expressly provided in EXHIBIT A of this Agreement, Subgrantee shall not be entitled to nor receive from the County any additional consideration, compensation, salary, wages or other type of remuneration for services rendered under this Agreement. Specifically, Subgrantee shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, disability retirement benefits, sick leave, vacation time, paid holidays or other paid leaves of absence of any type or kind whatsoever.
2.8 The County shall not withhold any Federal or State income taxes or Social Security tax from any payments made by the County to Subgrantee under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Subgrantee. The County has no responsibility or liability for payment of Subgrantee's taxes or assessments.
2.9 Payment of all services provided in accordance with the provisions of this Agreement is contingent upon the availability of County, State and Federal funds.
Grant funds have been received by the County.
3. TERM.
3.1 GRANT PERFORMANCE PERIOD. Unless sooner terminated as provided below or by some other method provided for in this Agreement, all tasks and work performed, and all Improvements or equipment to be purchased and installed must be completed during the grant performance period from October 1, 2022, through October 31, 2023. No invoices for equipment purchased or work completed after October 31, 2023, will be paid. All invoices and documentation required for reimbursement shall be submitted by no later than December 31, 2023.
3.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party's option, may terminate this Agreement by giving written notification to the other party.
3.3 This Agreement shall terminate upon ten (10) days prior written notice on the occurrence of (a) bankruptcy or insolvency of either party, (b) sale of Subgrantee's business, (c) cancellation or nonrenewal of insurance required under the terms of this Agreement, and (d) if, for any reason, Subgrantee ceases to be licensed or otherwise authorized to do business in the State of California, and the Subgrantee fails to remedy such defect or defects within thirty (30) days of receipt of notice of such defect or defects.
3.4 This Agreement may be terminated by the County for the reasons set forth in EXHIBIT C, Grant Requirements.
4 4. LICENSES, PERMITS.
Any licenses, certificates or permits required by the Federal, State, County or municipal governments for Subgrantee to provide the services and work described in EXHIBIT A must be procured by Subgrantee and be valid at the time Subgrantee enters into this Agreement and throughout Subgrantee’s performance of the work and services contemplated by this Agreement. Further, during the term of this Agreement, Subgrantee must maintain such licenses, certificates, and permits in full force and effect. Licenses, certificates, and permits may include but are not limited to driver's licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits shall be procured and maintained in force by Subgrantee at no expense to the County.
Subgrantee shall comply with all local, State and Federal laws, rules and regulations.
5. OFFICE SPACE, SUPPLIES, EQUIPMENT.
Unless otherwise provided in EXHIBIT A, Subgrantee shall provide such office space, installation costs, supplies, equipment, vehicles, reference materials and telephone service as is necessary for Subgrantee to relating to the Improvements identified in EXHIBIT A to this Agreement. The County is not obligated to reimburse or pay Subgrantee for any expense or cost incurred by Subgrantee in procuring or maintaining such items.
Responsibility for the costs and expenses incurred by Subgrantee in providing and maintaining such items is the sole responsibility and obligation of Subgrantee.
6. INSURANCE.
The Subgrantee shall obtain, and maintain at all times during the term of this Agreement, insurance coverage in the amounts and coverage specified in EXHIBIT B, which is attached hereto and, by this reference, made a part hereof.
7. DEFENSE AND INDEMNIFICATION.
7.1 To the fullest extent permitted by law, the Subgrantee shall indemnify, hold harmless and defend the County and its agents, officers and employees from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorneys’ fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Subgrantee or its officers, employees, agents, representatives or subcontractors. This indemnification obligation extends to and includes personal injury, death, or damage or destruction to tangible or intangible property, including the loss of use; provided, however, such indemnification shall not extend to or cover loss, damage or expense arising from the gross negligence or willful misconduct of the County or its agents, officers and employees.
7.2 The Subgrantee's obligation to defend, indemnify and hold the County and its agents, officers and employees harmless under the provisions of this paragraph is 5 not limited to or restricted by any requirement in this Agreement for the Subgrantee to procure and maintain a policy of insurance.
7.3 The Subgrantee shall indemnify, defend and hold harmless and shall be responsible for any and all federal, state and local taxes, fees, or contributions required to be paid with respect to Subgrantee and Subgrantee’s officers, employees, and agents engaged in the performance of this Agreement, including and without limitation unemployment insurance, social security and payroll tax withholding.
8. STATUS OF SUBGRANTEE.
8.1 All acts of Subgrantee and its officers, employees, agents, representatives, subcontractors and all others acting on behalf of Subgrantee relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers or employees of the County. Subgrantee, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of the County.
No agent, officer or employee of the County is to be considered an employee of Subgrantee. It is understood by both Subgrantee and the County that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
8.2 At all times during the term of this Agreement, the Subgrantee and its officers, employees, agents, representatives or subcontractors are, and shall represent and conduct themselves as, independent contractors and not employees of the County.
8.3 Subgrantee shall determine the method, details and means of performing the work and services to be provided by Subgrantee under this Agreement. Subgrantee shall be responsible to the County only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to the County's control with respect to the physical action or activities of Subgrantee in fulfillment of this Agreement. Subgrantee has control over the manner and means of procuring, purchasing, and installing the Improvements under this Agreement.
8.4 If in the performance of this Agreement Subgrantee contracts with or employs any third persons, such persons shall be entirely and exclusively under the direction, supervision and control of Subgrantee. All terms of the contract or employment including hours, wages, working conditions, discipline, hiring and discharging or any other terms or requirements of law shall be determined by the Subgrantee.
8.5 It is further understood and agreed that Subgrantee must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subgrantee's assigned personnel under the terms and conditions of this Agreement.
8.6 As an independent contractor, Subgrantee hereby indemnifies and holds the County harmless from any and all claims that may be made against the County based upon 6 any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
9. RECORDS AND AUDITS.
9.1 Subgrantee shall prepare and maintain all writings, documents, and records prepared or compiled in connection with the performance of this Agreement for a minimum of five (5) years from the termination or completion of this Agreement or until such records and their supporting documentation are released due to closure of Federal/State audit, whichever is longer. This includes any handwriting, typewriting, printing, photostatic, photographing, and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds, or symbols or any combination thereof.
9.2 Any authorized representative of the County shall have access to any writings listed above for the purposes of making audit, evaluation, examination, excerpts, and transcripts during the period such records are to be maintained by the Subgrantee.
Further, the County has the right at all reasonable times to audit, inspect, or otherwise evaluate the work performed or being performed under this Agreement.
9.3 The County shall have the right to audit all invoices and records of the Subgrantee related to this Agreement as required by State law.
9.4 The Subgrantee agrees that its financial records shall contain itemized records of all costs and be available for inspection in Stanislaus County within three (3) working days of the request by the County, State or Federal agencies.
9.5 Monitoring by the County may be accomplished by the following non-exclusive means: field reviews, audit claims, review of records.
10. NONDISCRIMINATION.
10.1 During the performance of this Agreement, the Subgrantee and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, national origin, ancestry, physical or mental disability (including perception of a disability), medical condition, genetic information, marital status, sex, gender (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, age (over 40), sexual orientation, military and veteran status, political affiliation or belief. The Subgrantee and its officers, employees, agents, representatives or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the County’s non-discrimination policy; the Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code 7 sections 1101 and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352) as amended, Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 797), the Americans with Disabilities Act (ADA) of 1990, the ADA Amendments Act of 2008, the Pregnancy Discrimination Act, the Equal Pay Act, the Age Discrimination in Employment Act of 1967 (ADEA), and Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA); and all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations.
10.2 The Subgrantee shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
10.3 The Subgrantee shall provide a system by which recipients of service shall have the opportunity to express and have considered their views, grievances and complaints regarding the Subgrantee’s delivery of services.
11. ASSIGNMENT.
The Subgrantee shall not assign or subcontract this Agreement without the express written consent of the County. Further, Subgrantee shall not assign any monies due or to become due under this Agreement without the prior written consent of the County.
12. WAIVER OF DEFAULT.
Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
13. NOTICE.
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement shall be made within thirty (30) days in writing and may be personally served or, alternatively, sent by prepaid first class mail and/or to the email listed below as follows to the respective parties:
To County: The County of Stanislaus
Area Agency on Aging and Veterans Services
Attention: Kim Delucchi, Contracts Coordinator
3500 Coffee Road, Suite 19
Modesto, CA 95355
or
[email protected]
8 To Subgrantee: City of Hughson
Attention: Merry Mayhew, City Manager
7018 Pine Street
Hughson, CA 95326
or
[email protected]
14. CONFLICTS. The Subgrantee agrees that it has no interest and shall not acquire any interest direct or indirect which would conflict in any manner or degree with the performance of the work and services under this Agreement.
15. SEVERABILITY. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any Federal, State or the County statute, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
16. AMENDMENT. The County’s Director of Area Agency on Aging and Veterans Services (“Director”) may amend, revise or supplement the Agreement by Administrative Amendment in order to maintain compliance with applicable laws and regulations or Grant requirements upon written notice to the Subgrantee. The Administrative Amendment shall be effective upon execution by the Director and delivery to Subgrantee. Amendments which modify the substantive terms of the Agreement shall be approved by the Director and the Executive Director of the Subgrantee.
17. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
18. CONSTRUCTION. Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement.
19. GOVERNING LAW AND VENUE. This Agreement shall be deemed to be made under, and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California. 9 20. ACCOUNTABILITY.
20.1 In the event of an audit exception or exceptions, the Subgrantee shall be responsible for the deficiency resulting from the Subgrantee’s non-compliance with program requirements.
20.2 In the event of any State hearings, cash grant award or lawsuit award resulting from Subgrantee's failure to perform as required by this Agreement, reimbursement shall be made to the damaged party by Subgrantee.
21. SEVERABLILITY. If any provision of this Agreement or the application thereof is invalid, that invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.
22. ASSIGNABILITY. Without the written consent of CDA and the County, the Subgrantee’s interest in and responsibilities under this Agreement shall not be assignable by the Grantee either in whole or in part.
23. WAIVER. Any failure by a party to enforce its rights under this Agreement, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this Agreement shall not be construed as a waiver of any subsequent breach.
24. APPLICABLE LAW. The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
25. DISCRIMINATION. The Subgrantee agrees that during the performance of this Agreement, it will not discriminate, harass, or allow harassment or discrimination against any employee or applicant for employment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Subgrantee agrees to require the same of all contractors and consultants retained to carry out the activities under this Agreement
26. DEBARMENT. Subgrantee represents and warrants, to the best of its knowledge and belief, that neither Subgrantee nor any of its Principals (“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity) or its contractors are presently debarred, suspended, proposed for debarment, voluntarily excluded, or involuntarily excluded from receiving a contract from any federal, state or local government or agency, nor has it been declared ineligible for the award of contracts by any federal, state, or local government or agency, nor does it appear on any federal, state or local government’s Excluded Parties List System. Subgrantee shall provide immediate written notice to the County if, at any time 10 Subgrantee learns that this representation was erroneous when submitted or has become erroneous by reason of changed circumstances. The representations and warranties above are a material representation of fact upon which reliance was placed when entering into this Agreement. If it is later determined that Subgrantee knowingly made a false representation, in addition to other remedies available to the County, the County may terminate this Agreement.
27. LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS. As required by Section 1352, Title 31 of the U.S.
Code, and implemented at 45 CFR Part 93, for persons entering into a grant, cooperative agreement or contract over $100,000, or loan, or loan guarantee over $150,000, as defined at 45 CFR Part 93, Sections 93.105 and 93.110 the undersigned Subrecipient certifies that to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal certification is a material representation of fact upon which reliance was placed when this contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned Subrecipient shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned Subrecipient shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
11 28. ADDITIONAL RESTRICTIONS ON LOBBYING: Federal regulations provide restrictions on the use of federal funds for lobbying or political advocacy. In general, the restrictions apply to attempts at influencing elections, partisan contributions, and the introduction or enactment of legislation and legislative liaison activities. Unallowable lobbying with federal funds includes such activities as direct electioneering or participation in campaigns, direct lobbying to politically influence federal or state legislation, and efforts to generate concerted public action on a legislative issue. (The detail of these restrictions is contained in U.S. Office of Management and Budget Circular A-122 as amended.)
29. CERTIFICATION RE: ECONOMIC SANCTIONS CALIFORNIA STATE EXECUTIVE ORDER N-6-22.
29.1 Subgrantee shall review their investments and Agreements to ensure their compliance with economic sanctions imposed by the U.S. Government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law (collectively, economic sanctions), and to take actions to support the Ukrainian Government and people, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and by directly providing support to the Government and people of Ukraine.
29.2 The County shall terminate any Agreement with any individual or entity that is in violation of Executive Order N-6-22 or that is subject to economic sanctions therein, and shall not enter an Agreement with any such individual or entity while the Executive Order is in effect.
29.3 For Agreements valued at five million dollars ($5,000,000) or more, Subgrantee shall provide a written report to the County regarding compliance with economic sanctions and steps taken in response to Russia’s action in Ukraine, including but not limited to, desisting from making new investments in, or engaging in financial transactions with Russia or Russian entities, and directly providing support to Ukraine, while the Executive Order is in effect.
30. ENTIRE AGREEMENT.
30.1 This Agreement and all exhibits attached hereto supersedes any and all other agreements, either oral or in writing, between any of the parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
12 30.2 The person signing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized and has legal capacity to execute this Agreement.
Signatory represents and warrants that the execution and delivery of the Agreement and the performance of Subgrantee’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on Subgrantee and enforceable in accordance with its terms.
30.3 This Agreement may be executed in counterparts, each of which shall be deemed to be an original but all of which, taken together, shall constitute one and the same agreement.
30.4 Each party agrees that the electronic signatures (whether digital or encrypted) of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record (including facsimile or email electronic signatures) pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.) as amended from time to time.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, THE PARTIES OR THEIR DULY AUTHORIZED REPRESENTATIVES HAVE EXECUTED THIS AGREEMENT EFFECTIVE AS OF THE 1 ST DAY OF OCTOBER OF 2022.
COUNTY OF STANISLAUS
By:
Dan Wirtz
GSA Director/Purchasing Agent
Date:
�PPROVED AS TO CONTENT:
�ging and Veterans Services Department
By:
Margie Palomino
Director
Date:
�PPROVED AS TO FORM:
Thomas E. Boze, County Counsel
By:
Date:
�
�
D��ounsel
1.)
(. '2-.-07.,-]_.
THE COUNTY OF STANISLAUS
Approved BOS Resolution#: 2022-0617
Dated: November 8, 2022
CITY OF HUGHSON
By:
Date:
13 Merry Mayhew, City Manager
14 EXHIBIT A
SCOPE OF WORK
Subgrantee shall procure, purchase, and install the following equipment/property for uses consistent with the Grant.
The Hughson Community Center has requested and been approved to purchase and install the items listed below.
The City of Hughson and the Hughson Community Center shall:
a. Purchase the items/equipment and installations for use at the Hughson Community Center to be used during the serving of meals for seniors. i. Removal and replacement of dining room flooring, 3,375 square feet ii. Energy efficient lighting replacement (LED commercial can lights in the kitchen/dining area)
iii. Tables – 4 mobile cafeteria tables
iv. Chairs – 50 stackable chairs
v. Ice machine 265 lb. capacity
vi. Steam Table – 3 well 120V
vii. Refrigerator 54” reach in
viii. Commercial 1000W microwave
ix. Prep table 36x30
x. Flying insect air curtain 42”
b. The purchased items will be used and stored at the Hughson Community Center.
The Hughson Community Center is responsible for tracking and reporting annually to the AAA inventory of the items through the end of December 31, 2024. c. Location/Space – Provide appropriate space to store, use, and maintain the items/equipment at the Hughson Community Center, 2307 4 th Street, Hughson, CA
95326.
d. Invoices shall be submitted to Department of Aging and Veterans Services, Attention: Mr. Paresh Jadav, 3500 Coffee Road, Suite 19, Modesto, CA 95355, by the fifteenth (15th) day for the previous month’s expenses. The invoices may be submitted electronically to [email protected] with a cc to [email protected]. The final invoice due date for purchases in October 2023 is November 15, 2023.
e. Cooperate with Elderly Nutrition Program and County Department of Environmental Health (DER) and abide by the rules and regulations. DER Meal service permit held by the AAA.
Upon proof that the equipment/property was purchased, installed and is operational in accordance with Grant requirements, the County will reimburse Subgrantee an amount not to exceed $114,450.00.
15 GRANT PERFORMANCE PERIOD. All tasks and work performed must be completed during the grant performance period from October 1, 2022, through October 31, 2023. No invoices for work completed or Improvements procured or installed after October 31, 2023, will be paid.
The Subgrantee must submit all invoices within a reasonable time but, no later than ten (10) months from the date that services were provided or the Improvements were procured. If Subgrantee fails to provide invoices within ten (10) months of the date services are rendered or Improvements procured, the County may elect to reject the invoices for payment as untimely and Subgrantee will be deemed to have waived any right to payment of the late invoices.
Travel Reimbursement
The Subgrantee shall not be reimbursed for any travel-related expenses. Any and all travel shall be at the expense of the Subgrantee.
Insurance Requirements for Most Contracts – subgrantee 2022 Page 1 Exhibit B
Insurance Required for Most Contracts - Subgrantee
(Not for Construction Contracts)
Subgrantee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Subgrantee, his agents, representatives, employees or subcontractor.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than One Million Dollars ($1,000,000) per incident or occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: If the Subgrantee or the Subgrantee's officers, employees, agents, representatives or Subcontractor utilize a motor vehicle in performing any of the work or services under the Agreement Insurance Services Office (ISO) Form Number CA 00 01 covering any auto (Code 1), or if Subgrantee has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage and transportation related pollution liability.
3. Workers’ Compensation Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Subgrantee maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Subgrantee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.
Application of Excess Liability Coverage: Subgrantees may use a combination of primary, and excess insurance policies which provide coverage as broad as (“follow form” over) the underlying primary policies, to satisfy the Required Insurance provisions.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The County, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL and Auto policy with respect to liability arising out of work or operations performed Insurance Requirements for Most Contracts – subgrantee 2022 Page 2 by or on behalf of the Subgrantee including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Subgrantee’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Subgrantee’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, agents or volunteers shall be excess of the Subgrantee’s insurance and shall not contribute with it.
Reporting
Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County or its officers, officials, employees, agents or volunteers.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the County in accordance with policy terms and conditions.
Waiver of Subrogation
Subgrantee hereby grants to County a waiver of any right to subrogation (except for Professional Liability) which any insurer of said Subgrantee may acquire against the County by virtue of the payment of any loss under such insurance. Subgrantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the County. The County may require the Subgrantee to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with California admitted insurers (licensed to do business in California) with a current A.M. Best’s rating of no less than A-VII or a Standard & Poor’s rating of at least BBB, however, if no California admitted insurance company provides the required insurance, it is acceptable to provide the required insurance through a United States domiciled carrier that meets the required Best’s rating and that is listed on the current List of Approved Surplus Line Insurers (LASLI) maintained by the California Department of Insurance.
Claims Made Policies
If any of the required policies provide claims-made coverage:
Insurance Requirements for Most Contracts – subgrantee 2022 Page 3
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Subgrantee must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Subgrantee shall furnish the County with a copy of the policy declaration and/or endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Subgrantee’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractor
Subgrantee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Subgrantee shall ensure that County is an additional insured on insurance required from Subcontractor. Special Risks or Circumstances County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Insurance Limits
The limits of insurance described herein shall not limit the liability of the Subgrantee and Subgrantee's officers, employees, agents, representatives or Subcontractor. Subgrantee's obligation to defend, indemnify and hold the County and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Subgrantee to procure and maintain a policy of insurance. [SIGNATURES SET FORTH ON THE FOLLOWING PAGE]
Insurance Requirements for Most Contracts – subgrantee 2022 Page 4 _______ Exempt from Auto – I will not utilize a vehicle in the performance of my work with the County. _______ Exempt from WC – I am exempt from providing workers’ compensation coverage as required under section 1861 and 3700 of the California Labor Code.
I acknowledge the insurance requirements listed above.
Print Name: _____________________________________________ Date:_____________________ Signature: ______________________________________________ Date:_____________________ Vendor Name: _____________________________________________________________________ For CEO-Risk Management Division use only
Exception: ________________________________________________________________________________ Approved by CEO for Risk Management: ________________________________ Date: __________________ City of Hughson
2 EXHIBIT C
GRANT REQUIREMENTS
1. SUBGRANTEE RESPONSIBILITIES.
a. Subgrantee acknowledges that the California Department of Aging (CDA) may make reasonable changes to its procedures in support of this grant and its requirements. If CDA makes any changes to its procedures and guidelines, CDA agrees to notify Grantee, and Grantee will notify Subgrantee, within a reasonable timeframe.
b. Subgrantee shall complete the Grant Scope in accordance with the time of the Grant Performance Period set forth in Section 1, and under the terms and conditions of this agreement. c. Subgrantee agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the Grantee in the original application must be submitted in writing to CDA Agreement Manager for prior approval.
2. DISPUTE RESOLUTION. The following dispute resolution procedure is applicable to the Grant.
In the event of a dispute, Grantee will discuss the problem informally with CDA’s Grant Agreement Manager. If unresolved, the Grantee shall file a written “Notice of Dispute” with the CDA Grant Agreement Manager within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the CDA Grant Agreement Manager shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not resolved within a reasonable period of time, the Grantee may bring it to the attention of the Deputy Director of the Division of Home and Community Living (DHCL) at [email protected]. The decision of the CDA DHCL Deputy Director shall be final. Unless otherwise instructed by the CDA Grant Agreement Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute.
Upon request by the County, Subgrantee shall participate in good faith in the dispute resolution procedure, and comply with any decisions of the Grant Manager, the CDA or DHCL.
3. AGENCY.
a. In the performance of this Agreement, the Subgrantee and its agents, employees, and sub-subgrantees shall act in an independent capacity and not as officers, employees, or agents of the CDA or the County.
b. The Subgrantee is solely responsible for all activities supported by the Grant under this Agreement.
3 c. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. d. The Subgrantee shall not represent itself as an agent of the CDA or the County for any purpose and has no authority to bind the CDA in any manner whatsoever.
4. PROMOTIONAL MATERIALS AND PUBLICATIONS.
a. The Centers for Medicare and Medicaid Services (CMS) and the California Department of Aging shall be acknowledged in all promotional materials and publications related to the CMS-funded project.
b. The Subgrantee must ensure that CDA receives full credit as the funding program and that the CMS is acknowledged as the source of funds. c. Publications and information releases about the project must credit Home and Community Based Services. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by the Centers for Medicare and Medicaid Services (CMS) and the California Department of Aging (CDA), and no official endorsement by the CMS or the CDA shall be inferred.” This credit line on products of a project, such as materials and publicity, is important to foster support from the public and by state and federal funding sources.
5. PUBLICITY OBLIGATIONS.
a. The Subgrantee shall notify the County of any promotional materials or publications resulting from the award no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. b. Copies of all promotional materials will be provided to the County. c. The Subgrantee will acknowledge CMS support as noted above. d. The Subgrantee agrees that the CDA may include information about this grant and its outcomes in its own annual reports, with specific reference to the Grantee, and may distribute such information to third parties.
6. COPYRIGHT.
a. The County owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act (17 U.S.C. 101, et seq.).
4 b. The Subgrantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California Department of Aging pursuant to this section. c. The CDA may upload, post, or transmit copyrighted material produced or purchased with grant funds on a California Department of Aging website for public access and viewing.
7. RECORDS.
a. Communications, grant related documents, data, original receipts, and invoices must be retained by the Subgrantee for seven (7) years beyond the final invoice date, and shall be made available to CDA upon request.
b. The Subgrantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices. c. The Subgrantee shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to CDA for auditing at reasonable times. The Subgrantee also agrees to retain such financial accounts, documents, and records for five years following project termination or issuance of final payment, whichever is later.
d. The Subgrantee shall keep such records as CDA shall prescribe, including records which fully disclose:
i. The disposition of the proceeds of CDA funding assistance; ii. The total cost of the project in connection with such assistance that is given or used;
iii. The amount and nature of that portion of the project cost supplied by other sources; and
iv. Any other such records that will facilitate an effective audit. e. The Subgrantee agrees that CDA or the County shall have the right to inspect and make copies of any books, records, or reports pertaining to this Agreement or matters related thereto during regular office hours. The Subgrantee shall maintain and make available for inspection by CDA or the County accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. Such accounts, documents, and records shall be retained by the Subgrantee for at least five years following project termination or issuance of final payment, whichever is later.
5 f. The Subgrantee shall use a generally accepted accounting system as required by CDA.
8. PROJECT TERMINATION.
a. Project Termination refers to the non-completion of a Grant scope. Any grant funds that have not been expended by the Subgrantee shall revert back to CDA. b. The County may unilaterally rescind this Agreement at any time prior to commencement of the project. The commencement of the project means the date of the letter notifying Subgrantee of the award or when the funds are appropriated, whichever is later. After project commencement, this Agreement may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and CDA, unless the provisions of this agreement provide that mutual agreement is not required.
c. Failure by the Subgrantee to comply with the terms of any legislation applicable to the Grant, and/or this Agreement, specified or general, that Subgrantee has entered into with the County, may be cause for suspension of all obligations of CDA or the County until CDA or the County determines such failure was due to no fault of the Subgrantee. In such case, the County may reimburse Subgrantee for eligible costs properly incurred in performance of this Agreement despite non-performance of the Subgrantee. To qualify for such reimbursement, Subgrantee agrees to mitigate its losses to the best of its ability.
d. Any breach of any term, provision, obligation or requirement of this Agreement by the Subgrantee shall be a default of this Agreement. In the case of any default by Subgrantee, CDA and the County shall be entitled to all remedies available under law and equity, including, but not limited to: specific performance; return of all grant monies; payment to CDA of the fair market value of the project property or actual sales price, whichever is higher; and payment to CDA of the costs of enforcement of this Agreement, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. e. The Subgrantee and the County agree that if the Grant Scope includes development, final payment may not be made until the work described in the Grant Scope is complete.
9. BUDGET DETAIL AND PAYMENT PROVISIONS. It is agreed and understood that this grant award amount is a ceiling and that the County will only reimburse the allowable cost of services rendered or goods purchased as authorized by CDA at or below the grant award amount.
10. EXPENDITURE OF FUNDS. The Subgrantee shall expend all funds received hereunder in accordance with this Agreement. The Subgrantee agrees to include these requirements in all contracts it enters into with subgrantees to provide services pursuant to this Agreement.
11. ACCOUNTABILITY FOR FUNDS. The Subgrantee shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Subgrantee and shall be maintained in accordance with Generally Accepted Accounting Principles. 6 12. UNEXPENDED FUNDS. Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Subgrantee shall return to the County immediately upon written demand, any funds provided under this Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.
13. FUNDING CONTINGENCIES INVOICING AND PAYMENT.
a. Subgrantee shall prepare and submit a monthly expenditure report in an electronic format to the County no later than the last business day of each month or as specified by CDA or the County. The report shall include all costs and funding sources for the month prior Payments will be made to reimburse expenditures reported unless grantee pre-selects an Advance method at the time of agreement execution Subgrantee shall be charged $75 per program fund source for expedited payments to recover the fees charged by the State Controller’s Office (SCO). CDA or the County may waive the fees on a case-by-case basis as appropriate. b. CDA may require financial reports more frequently than indicated above or with more detail (or both), upon written notice to the grantee, until such time as CDA determines that the financial management standards are met.
c. For services satisfactorily rendered, and upon receipt and approval of invoices submitted as described herein, the CDA agrees to compensate the Grantee in accordance with Exhibit A.
d. CDA reserves the right to refuse payment to the Subgrantee or disallow costs for any expenditure, as determined by CDA to be: out of compliance with this Agreement, unrelated or inappropriate to agreement activities, when adequate supporting documentation is not presented, or where prior approval was required, but was either not requested or not granted.
14. INSTRUCTIONS TO SUBGRANTEE.
a. The County shall reimburse Subgrantee with funding that has been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement.
b. Payments will be made to reimburse monthly expenditures reported. The County shall process and approve reported expenditures that are based upon actual, not estimated expenditures. The County shall notify the Subgrantee of any disputed expenditures. c. Upon written request by CDA or the County, Subgrantee shall submit additional documentation or justification to support the reported expenditure. d. The Subgrantee shall ensure, to the extent feasible, that all budgeted funds are expended by the expiration of this Agreement.
7 15. BUDGET CONTINGENCY CLAUSE. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the State or the County shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. If funding for any Fiscal Year is reduced or deleted by the Budget Act for purposes of this program, the State or the County shall have the option to either cancel this Agreement with no liability occurring to the State or the County, or offer an Agreement amendment to Subgrantee to reflect the reduced amount. If this Agreement overlaps Federal and State fiscal years, should funds not be appropriated by Congress or approved by the Legislature for the Fiscal Year(s) following that during which this Agreement was executed, the State or County may exercise its option to cancel this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or the Legislature which may affect the provisions or terms of funding of this Agreement in any manner. 8 EXHIBIT D
LABOR CODE, PREVAILING WAGES AND APPRENTICESHIP REQUIREMENTS ARTICLE 1 - REGISTRATION
Contractor and Subcontractor Registration.
In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1, including Consultant, when applicable) bidding on or engaging in the performance of any Public Works contracts in California shall be registered with the Department of Industrial Relations. Labor Code Section 1725.5(f) states: “This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.” Although the unregistered contractor or subcontractor under Labor Code Section 1725.5(f) is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner, such unregistered contractor shall retain the records specified in Section 1776 for at least three years after completion of the work. (Labor Code Section 1771.4).
ARTICLE 2 – WORKING HOURS (Labor Code Section 1810-1815).
Eight hours labor constitutes a legal day’s work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof. (Labor Code Section 1810).
The time of service of any worker employed upon public work is limited and restricted to eight hours during any one calendar day, and 40 hours during any one calendar week, except as provided for under Labor Code Section 1815. (Labor Code Section 1811).
Every contractor and subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the awarding body and to the Division of Labor Standards Enforcement. (Labor Code Section 1812).
The contractor or subcontractor shall, as a penalty to the Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. (Labor Code Section 1813).
Notwithstanding the provisions of Labor Code Sections 1810 to 1814, inclusive, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1-1/2 times the basic rate of pay. (Labor Code Section 1815).
ARTICLE 3 – WORKERS’ COMPENSATION (Labor Code Section 1860-1861).
In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his or her employees. (Labor Code Section 1860).
By submission of a bid, the Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that 9 code, and I will comply with such provisions before commencing the performance of the work of this contract.” (Labor Code Section 1861).
ARTICLE 4 – DEBARRED CONTRACTORS AND SUBCONTRACTORS.
Debarred Contractors or Subcontractors. In accordance with the provisions of the California Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.17 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
ARTICLE 5 – PREVAILING WAGES.
This Project is subject to applicable prevailing wage requirements, including prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. “Public Works” Includes Preconstruction, Construction, Post-Construction Work. Under Labor Code 1720(a), “public works” includes all of the following: Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds.
For purposes of this paragraph, “construction” includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post-construction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this paragraph, “installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.
This Project is subject to the requirements of Labor Code Section 1720 et seq., the terms of which are incorporated herein by this reference.
Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at
http://www.dir.ca.gov/dlse/dlsePublicWorks.html or in the offices of the Owner and are deemed included in the Bidding Documents. Upon request, Owner will make available copies to any interested party. The successful Bidder shall post the applicable prevailing wage rates at the Site.
Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and Owner to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site.
Contractor shall forfeit, as a penalty to Owner, Two Hundred Dollars ($200.00) for each worker employed in performing labor in and about the Work provided for in the Contract Documents for each Day, or portion thereof, that such worker is paid less than the said stipulated rates for any work done under the Contract Documents by him or her or by any Subcontractor under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code. 10 The sums and amounts which shall be forfeited pursuant to this paragraph and the terms of the Labor Code shall be withheld and retained from payments due to Contractor under the Contract Documents, but no sum shall be so withheld, retained or forfeited except from the final payment without a full investigation by either the State Department of Industrial Relations or by Owner.
The Labor Commissioner pursuant to Labor Code Section 1775 shall determine the final amount of forfeiture.
Contractor shall insert in every subcontract or other arrangement which Contractor may make for performance of work or labor on Work provided for in the Contract, provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the Labor Code.
Contractor stipulates that it shall comply with all applicable wage and hour laws, including without limitation Labor Code Section 1813. Failure to so comply, including without limitation Labor Code Section 1776, shall constitute a default under this Contract.
Contractor and all Subcontractors shall keep accurate payroll records in accordance with Labor Code Section 1776. If directed by the Labor Commissioner, Owner will withhold Contract payments when payroll records are delinquent or inadequate.
Contractor shall post all jobsite notices if and when prescribed by regulation.
The payroll records enumerated above must be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor as required by Labor Code Section 1776.
Contractor shall inform Owner of the location of records enumerated above, including the street address, city and county, and shall, within five working Days, provide a notice of a change of location and address.
Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(i) At least monthly or more frequently if specified in the contract with the awarding body.
For purposes of this clause, “monthly” means that a submission of records shall be made at least once every 30 days while work is being performed on the project and within 30 days after the final day of work performed on the project.
(ii) In an electronic format, in the manner prescribed by the Labor Commissioner, on the department’s internet website.
A contractor or subcontractor who fails to furnish records relating to its employees, shall be subject to a penalty by the Labor Commissioner of one hundred dollars ($100) per each day in which that party was in violation of subparagraph (A), not to exceed a total penalty of five thousand dollars ($5,000) per project. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.
If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5 (work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work), the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work. 11 Contractor or Subcontractor has 10 Days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Labor Code Section 1776(a). In the event that Contractor or Subcontractor fails to comply with the ten-Day period, he or she shall, as a penalty to Owner on whose behalf the contract is made or awarded, forfeit $100.00 for each calendar Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Contractor is not subject to a penalty assessment pursuant to this paragraph due to the failure of a Subcontractor to comply with this paragraph.
Contractor shall notify Owner in writing in the event of any change, addition or substitution of a subcontractor.
Contractor will be fully responsible for reporting to and providing all documentation and other information required by the Department of Industrial Relations, and for paying all resulting penalties, fines, and other amounts due on account of any prevailing wage or other labor, wage or hour violation.
ARTICLE 6 – APPRENTICES ON PUBLIC WORKS PROJECTS
Contractor and Contractor’s subcontractor(s) shall be responsible for compliance with the provisions of law relating to employment of apprentices, including Labor Code Sections 1777.5, 1777.6, and 1777.7. Pursuant to Labor Code Section 1777.7, violations of Labor Code Section 1777.5 may result in forfeiture not to exceed One Hundred Dollars ($100.00) for each full calendar day of non-compliance. Information regarding apprenticeship standards, wage schedules, and other requirements may be obtained from the DIR or from the Division of Apprenticeship Standards of the DIR.
The requirements of Labor Code §1777.5 do not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000).
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the California Department of Industrial Relations, or from the Division of Apprenticeship Standards and its branch offices.
Meeting Date: January 23, 2023
Subject: Adopt Resolution No. 2023-06, Approving a Donation to Project Resolve
Enclosure: Project Resolve Community Poll-2021
Presented By: Merry Mayhew
Approved By: ________________________
City Manager
Staff Recommendation:
Adopt Resolution No. 2023-06, approving a donation to Project Resolve in the amount of $1,000.
Background and Overview:
In 2020, angry protests were conducted in many cities across the United States.
Behind the anger, were killings of unarmed black men, by police officers. One example in 2020 was George Floyd in Minneapolis that was held down by police officers, one of whom had his knee on Mr. Floyd’s neck for more than nine minutes while he pleaded that he could not breathe. After his death, protests broke out across the United States and even demonstrations in other parts of the world.
In Stanislaus County, Sheriff Jeff Dirkse, city police chiefs, the Probation Department Chief, California Highway Patrol, and the district attorney’s office responded to requests to convene for a series of meetings about the issues in our own community.
Community members from elected officials, leaders of religious and community groups, individuals, charities, the South Modesto Partnership, and the NAACP began meeting with the help of a professional facilitator. The goal of Project Resolve is to build and maintain trust and strong relationships between our communities and law enforcement.
EMC Research, a national polling and market research firm with more than 30 years of experience in the industry, surveyed and collected data used to identify areas of strength, weakness, and opportunities for improving and maintaining strong relationships between residents of communities and the local law enforcement agencies and personnel.
CITY COUNCIL AGENDA ITEM NO. 3.9
SECTION 3: CONSENT CALENDAR
The first survey was conducted in 2021 between February 18-26, over 1000 interviews were conducted in English and Spanish by trained, professional interviewers, and the cost was funded by local donors and Stanislaus County.
Specific questions and responses are detailed in the attached 2021 Project Resolve Community Poll.
Key findings from the 2021 Poll include:
• Stanislaus County residents have generally favorable opinions about law enforcement in the County. The Sheriff’s Department, local police departments, and individual police officers receive positive favorability and job ratings from the majority of county residents.
• More than three-out-of-four residents feel that county law enforcement treats them with respect (77%) and that local law enforcement is reliable and trustworthy (76%).
• Those with less positive or more negative ratings of local law enforcement tend to be younger and are more likely to be Hispanic or Black, Indigenous, and People of Color (BIPOC) residents.
• There is little difference between how residents view the County Sherriff's Department and local police departments. Most residents do not distinguish one from the other and generally hold the same opinions of both county and local law enforcement.
• Despite positive ratings for law enforcement, a majority of residents (52%) are concerned about police violence in Stanislaus County, and a significant majority (80%) feel crime is a major problem in the county. Additionally, more than one-third of residents (38%) indicate they have personally had a negative interaction with a police officer.
A large majority of residents say they are concerned about police violence and use of force in Stanislaus County, indicating this concern is at the very least in the back of the minds of many residents, despite their generally positive views of local law enforcement. The largest share of negative opinions regarding law enforcement is among younger residents ages 18-39 and residents of color.
Based on the results of the Poll, the Sheriff’s Department has made a concentrated effort to reach those having the largest share of negative opinions of law enforcement. These efforts include an increase in social media information sharing, designating a lieutenant who coordinates and deploys deputies to community events for greater community outreach, and providing community debriefing of major incidents quickly and with as much information as the investigation and law allow.
The Sheriff’s Department also has an annual report that is provided to the public to provide transparency and accountability.
Specific to the City of Hughson, and resulting from the responses received from the Poll, Chief Fidel Landeros started the Spanish Language Community Academy as a way to reach out to the Hispanic community in Hughson and build relationships and trust between the community and law enforcement.
Discussion:
As Project Resolve moves into the 3rd year, each stakeholder group is asked to contribute to funding a follow-up survey and the ongoing collection of data and learning about what activities are supporting or impeding progress toward strong relationships between communities and their law enforcement.
Project Resolve proposed that cities consider a sliding scale based on a percentage of the city population to the total county population. For Hughson, the percentage is approximately 1.36% which equates to $544. The recommendation is to increase the donation to $1,000 as the follow-up survey is necessary and beneficial to determine if the actions taken based on the responses received are having the desired effect of building relationships and trust with the community.
If approved, the donation would be made payable to:
Center for Human Services
Attn: Project Resolve
2000 W. Briggsmore Ave., Ste. I
Modesto, CA 95350
Fiscal Impact:
If approved, there is a $1,000 fiscal impact on the City of Hughson’s General Fund.
Budget appropriations are available due to current staff vacancies.
CITY OF HUGHSON
CITY COUNCIL
RESOLUTION NO. 2023-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON APPROVING A DONATION TO PROJECT RESOLVE IN THE AMOUNT OF $1,000
WHEREAS, Project Resolve is a local network resolved to build and maintain trust and strong relationships between Stanislaus County communities and law enforcement; and WHEREAS, trust between a community and its law enforcement agencies is fundamental to effective policing and community safety; and WHEREAS, Project Resolve conducted a community-wide assessment in 2021 to provide Project Resolve, its partners, and Stanislaus County residents with local data regarding the feeling and perceptions of law enforcement; and WHEREAS, the data is being used to identify areas of strength, weakness, and opportunities for improving and maintaining strong relationships between residents of Stanislaus County and their local law enforcement agencies and personnel; and WHEREAS, data from a 2023 community-wide assessment will be used to inform the community if the actions taken by law enforcement based on the 2021 assessment is having the desired effect of building relationships and trust with the community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson approves a donation of $1,000 to the Center for Human Services, Attn: Project Resolve.
PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 23rd day of January 2023 by the following roll call vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
__________________
GEORGE CARR, Mayor
ATTEST:
____________________
ASHTON GOSE, City Clerk
Project Resolve
Stanislaus County
February 2021
21-7986 Project Resolve | 2
Methodology
Live telephone/online email and text-to-web survey of Stanislaus County residents 18+
Survey conducted February 18 – 26, 2021
1,006 interviews; overall margin of error ±3.09 percentage points Interviews were conducted in English and Spanish by trained, professional interviewers; landlines and mobile phones included
Please note that due to rounding, some percentages may not add up to exactly 100%. 21 -7986 Project Resolve | 3
Regions
Region Zip Codes
North Modesto
(33%)
95319, 95350, 95352,
95355, 95356, 95357,
95368
South Modesto
(13%) 95351, 95353, 95354
West
(13%)
95313, 95322, 95358,
95360, 95363, 95385,
95387
Northeast
(12%)
95230, 95361, 95367,
95386
Southeast
(29%)
95307, 95316, 95323,
95326, 95328, 95329,
95380, 95381, 95382
Patterson
Ceres
Turlock
Oakdale
Modesto
Riverbank
21-7986 Project Resolve | 4
Key Findings
Stanislaus County residents have generally favorable opinions about law enforcement in the County. The Sheriff’s Department, local police departments, and individual police officers receive positive favorability and job ratings from the vast majority of county residents. More than three-out-of-four residents feel that county law enforcement treats them with respect (77%) and that local law enforcement is reliable and trustworthy (76%). Those with less positive or more negative ratings of local law enforcement tend to be younger and are more likely to be Hispanic or BIPOC residents.
On the whole, there is little difference between how residents view the County Sherriff's Department and local police departments. Most residents do not distinguish one from the other and generally hold the same opinions of both county and local law enforcement. Despite positive ratings for law enforcement, a majority of residents (52%) are concerned about police violence in Stanislaus County, and a significant majority (80%) feel crime is a major problem in the county.
Additionally, more than one-third of residents (38%) indicate they have personally had a negative interaction with a police officer.
Issue Environment
21-7986 Project Resolve | 6
Right Direction/Wrong Track
Residents are split about the direction Stanislaus County is heading. Self-identified liberal and moderate residents are more likely to feel optimistic than ideologically conservative residents.
Right
Direction
Wrong
Track
Don’t
know
Overall 49% 41% 10%
Male (45%) 48% 40% 12%
Female (55%) 50% 42% 8%
18-29 (20%) 50% 39% 10%
30-39 (16%) 47% 47% 6%
40-49 (17%) 45% 47% 8%
50-64 (26%) 47% 42% 11%
65+ (20%) 57% 33% 10%
White (42%) 48% 42% 11%
Hispanic (42%) 53% 37% 9%
BIPOC (16%) 42% 51% 7%
North Modesto (33%) 49% 41% 9%
South Modesto (13%) 48% 40% 12%
West (13%) 52% 40% 8%
Northeast (12%) 57% 40% 3%
Southeast (29%) 45% 43% 12%
Liberal (26%) 55% 38% 7%
Moderate (32%) 54% 36% 10%
Conservative (41%) 42% 47% 11%
Right Direction
49% Wrong Track
41%
(Don't Know)
10%
Q3. Do you feel that things in Stanislaus County are going in the right direction or do you feel things are pretty seriously off on the wrong track?
21-7986 Project Resolve | 7
Law Enforcement Opinions
18%
13%
9%
8%
7%
6%
5%
4%
4%
3%
3%
2%
9%
8%
General Support
Does a good job/They do their job
Need more officers/Understaffed/They need help
Protects citizens and community/Safety
Violent/Corrupt/Too much power
Need more training/reform/improvement
Doesn't do a good job/Unreliable/Unhelpful
Needs more recognition and respect/Unappreciated
Both good and bad officers
Helpful/Takes care of community
General Oppose
Racist/Discriminating/Unfair/Inequality
Other
Don't know/ Nothing
No single reaction or idea is top of mind for most residents when they think of law enforcement; while many have generally positive opinions, approximately one-in-four have a negative top-of-mind reaction.
Q4. What comes to mind when you think of the police or law enforcement? Positive Responses
Negative Responses
Neutral Responses
Ratings
21-7986 Project Resolve | 9
38%
38%
37%
22%
16%
34%
36%
35%
29%
35%
11%
5%
10%
24%
25%
10%
12%
10%
15%
16%
6%
9%
8%
10%
9%
73%
74%
72%
51%
50%
16%
21%
18%
25%
25%
+57
+53
+54
+26
+25
Individual police officers
Your local police department
Stanislaus County Sheriff’s
Department
Police officer unions
Stanislaus County District
Attorney’s Office
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Law Enforcement Favorable Ratings
Q5-9. I'm going to read you a list of several people and organizations. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one. If you have never heard of one, please just say so.
Individual police officers, your local police department, and the Sheriff’s Department receive positive favorability ratings.
Total
Fav.
Total
Unfav.
Net
Fav.
21-7986 Project Resolve | 10
23%
28%
39%
46%
42%
29%
32%
34%
44%
48%
39%
35%
35%
33%
36%
34%
31%
42%
33%
39%
11%
10%
9%
9%
10%
6%
7%
5%
6%
3%
12%
15%
12%
7%
7%
16%
17%
11%
11%
4%
14%
13%
5%
6%
4%
14%
13%
8%
6%
5%
62%
63%
74%
79%
78%
63%
63%
75%
77%
87%
26%
27%
18%
12%
12%
31%
30%
19%
17%
9%
+36
+36
+56
+67
+67
+32
+33
+56
+61
+78
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Sheriff & Local PD Favorable Ratings by Subgroups
Q5/7. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department/your local police department.
Ratings are similar across age groups.
Total
Fav.
Total
Unfav.
Net
Fav.
Sheriff’s Dept
Local PD
21-7986 Project Resolve | 11
36%
37%
34%
42%
18%
36%
49%
25%
36%
48%
33%
37%
37%
35%
35%
39%
33%
38%
37%
33%
12%
8%
8%
3%
10%
9%
10%
6%
6%
5%
12%
9%
11%
12%
19%
10%
5%
18%
13%
6%
7%
9%
10%
9%
17%
7%
3%
13%
9%
7%
69%
74%
71%
76%
53%
75%
82%
63%
73%
82%
19%
18%
21%
21%
37%
16%
8%
32%
21%
13%
+50
+56
+50
+55
+16
+59
+73
+31
+52
+68
Male (45%)
Female (55%)
Male (45%)
Female (55%)
Liberal (26%)
Moderate (32%)
Conservative (41%)
Liberal (26%)
Moderate (32%)
Conservative (41%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Sheriff & Local PD Favorable Ratings by Subgroups
Q5/7. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department/your local police department.
Self-identified liberals have a lower net favorable rating of the Sheriff’s Department v. local police departments.
Total
Fav.
Total
Unfav.
Net
Fav.
Sheriff’s Dept
Local PD
Sheriff’s Dept
Local PD
21-7986 Project Resolve | 12
42%
33%
33%
42%
35%
37%
34%
34%
43%
36%
35%
38%
8%
12%
6%
6%
5%
4%
10%
11%
9%
11%
12%
12%
7%
10%
8%
6%
12%
10%
76%
67%
76%
78%
70%
74%
16%
21%
17%
16%
25%
22%
+60
+46
+59
+61
+45
+53
White (42%)
Hispanic (42%)
BIPOC (16%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Sheriff & Local PD Favorable Ratings by Subgroups
Q5/7. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department/your local police department.
Favorable ratings are similar across racial/ethnic categories.
Total
Fav.
Total
Unfav.
Net
Fav.
Sheriff’s Dept
Local PD
21-7986 Project Resolve | 13
37%
25%
44%
46%
34%
39%
25%
37%
47%
40%
32%
45%
34%
32%
37%
36%
44%
34%
33%
33%
12%
10%
6%
5%
11%
4%
7%
7%
4%
7%
13%
8%
5%
8%
11%
14%
12%
9%
8%
12%
7%
11%
11%
8%
7%
7%
13%
12%
7%
9%
69%
71%
79%
79%
71%
75%
68%
72%
80%
73%
20%
19%
15%
17%
19%
21%
25%
21%
16%
20%
+49
+52
+63
+62
+52
+54
+44
+50
+64
+52
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Sheriff & Local PD Favorable Ratings by Subgroups
Q5/7. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department/your local police department.
West region residents have a more positive view of the Sheriff’s Department than local police departments.
Total
Fav.
Total
Unfav.
Net
Fav.
Sheriff’s Dept
Local PD
21-7986 Project Resolve | 14
35%
33%
29%
46%
42%
46%
43%
36%
41%
36%
47%
33%
44%
39%
34%
35%
44%
29%
40%
34%
35%
38%
34%
30%
24%
29%
44%
37%
11%
14%
8%
7%
5%
2%
7%
4%
6%
5%
5%
11%
5%
9%
11%
12%
10%
8%
4%
10%
8%
12%
14%
12%
15%
13%
2%
8%
9%
6%
9%
10%
9%
7%
8%
10%
4%
17%
8%
15%
5%
7%
69%
69%
73%
75%
82%
80%
78%
75%
75%
66%
71%
62%
88%
76%
20%
17%
19%
19%
13%
17%
15%
22%
19%
29%
24%
27%
7%
15%
+49
+51
+53
+56
+69
+63
+63
+53
+56
+38
+47
+35
+80
+60
Modesto (48%)
Turlock (16%)
Ceres (8%)
Oakdale (6%)
Patterson (5%)
Riverbank (4%)
Other (13%)
Modesto (48%)
Turlock (16%)
Ceres (8%)
Oakdale (6%)
Patterson (5%)
Riverbank (4%)
Other (13%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Sheriff & Local PD Favorable Ratings by Subgroups
Q5/7. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department/your local police department.
Ceres and Patterson residents have a more negative view of local police departments compared to their opinions of the Sheriff’s Department.
Total
Fav.
Total
Unfav.
Net
Fav.
Sheriff’s Dept
Local PD
21-7986 Project Resolve | 15
Profiles of Sheriff’s Department Favorability
Q5. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department.
Among the 37% of residents that have a Strongly
Favorable opinion of the Sheriff’s Department…
• 57% are over the age of 50
• 48% are White
• 55% are conservative
Among the 8% of residents that have a Strongly
Unfavorable opinion of the Sheriff’s Department…
• 60% are under the age of 40
• 50% are Hispanic
• 56% are liberal
21-7986 Project Resolve | 16
23%
23%
11%
42%
42%
35%
5%
2%
10%
22%
23%
32%
8%
10%
11%
65%
65%
46%
31%
33%
43%
+34
+32
+3
The job the Stanislaus County
Sheriff's Department is doing
The job your local police
department is doing
The job the Stanislaus County
District Attorney's office is
doing
Excellent Good (Don't Know/Refused) Only Fair Poor
Job Ratings
Q12-14. Using a scale of excellent, good, only fair, or poor, please rate each of the following.
A majority of residents gave a positive job rating for the County Sheriff’s Department as well as their local police department, while residents are split on the District Attorney’s office.
Total
Pos.
Total
Neg.
Net
Pos.
Priorities & Opinions
21-7986 Project Resolve | 18
Law Enforcement Priorities
Q15-19. Please rate each one using a scale of 1 to 7, where 1 means you feel that item should be a very low priority for law enforcement in Stanislaus County and 7 means that you feel that item should be a very high priority for law enforcement in Stanislaus County.
Responding to violent crime is clearly a top law enforcement priority for local residents; nearly two-thirds of residents or more see other items as at least somewhat of a priority.
72%
32%
30%
32%
32%
18%
43%
38%
32%
31%
6%
15%
16%
14%
15%
2%
8%
11%
13%
14%
2%
3%
5%
9%
8%
6.36 5.41
5.17 4.97
4.96 Responding to violent crime
Responding to property related crime
Participating in community programs
Dealing with mental health/Addiction issues
Dealing with homeless issues
7 - Very high priority 5-6 4/(Don't Know) 2-3 1 - Very low priority Mean 21-7986 Project Resolve | 19
43%
38%
36%
28%
27%
27%
35%
37%
40%
38%
41%
45%
2%
2%
2%
8%
3%
3%
11%
13%
13%
15%
19%
16%
9%
10%
9%
12%
10%
10%
77%
76%
76%
66%
68%
72%
20%
22%
22%
26%
29%
25%
+57
+53
+54
+39
+39
+47
Treat people like me with respect
Is committed to protecting and serving the entire
community
Is reliable and trustworthy
Is committed to increasing diversity and inclusion within their departments
Is properly trained and equipped
Is focused on the right priorities in serving our community Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Law Enforcement in Stanislaus County
Q20-25. I’m going to read you a list of phrases. For each one please tell me if you strongly agree, somewhat agree, somewhat disagree or strongly disagree that the phrase describes law enforcement in Stanislaus County.
Attitudes toward law enforcement in Stanislaus County are largely positive. Most people feel law enforcement is respectful, trustworthy, and committed to serving the whole community.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 20
43%
39%
46%
37%
33%
40%
46%
53%
47%
39%
40%
35%
36%
34%
35%
34%
34%
35%
35%
37%
34%
33%
2%
3%
2%
2%
3%
2%
2%
2%
3%
2%
2%
11%
12%
10%
10%
15%
13%
10%
7%
8%
13%
13%
9%
11%
8%
15%
15%
11%
6%
2%
6%
12%
12%
77%
75%
80%
72%
67%
74%
82%
88%
84%
72%
74%
20%
22%
19%
25%
30%
24%
17%
10%
13%
26%
24%
+57
+52
+61
+47
+38
+50
+65
+78
+70
+47
+49
Overall
Male (45%)
Female (55%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Respect
Q20. I’m going to read you a list of phrases. For each one please tell me if you strongly agree, somewhat agree, somewhat disagree or strongly disagree that the phrase describes law enforcement in Stanislaus County…Treat people like me with respect.
All subgroups agree that law enforcement in the County treat people like them with respect. Younger, Hispanic and BIPOC residents are more likely to disagree.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 21
36%
36%
36%
27%
30%
33%
40%
47%
38%
34%
37%
40%
40%
39%
41%
32%
43%
42%
40%
40%
40%
37%
2%
2%
2%
1%
4%
1%
2%
2%
3%
1%
1%
13%
13%
13%
17%
20%
15%
9%
6%
11%
14%
15%
9%
9%
9%
14%
14%
8%
8%
4%
8%
10%
10%
76%
77%
75%
68%
62%
75%
82%
88%
78%
75%
74%
22%
22%
23%
31%
34%
23%
17%
10%
19%
24%
25%
+54
+55
+52
+36
+28
+52
+65
+77
+59
+50
+49
Overall
Male (45%)
Female (55%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Reliable and Trustworthy
Q24. I’m going to read you a list of phrases. For each one please tell me if you strongly agree, somewhat agree, somewhat disagree or strongly disagree that the phrase describes law enforcement in Stanislaus County…Is reliable and trustworthy.
Older residents give law enforcement very high trust ratings.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 22
55%
49%
41%
31%
30%
37%
39%
46%
2%
1%
8%
7%
13%
14%
6%
6%
5%
9%
85%
87%
80%
76%
15%
13%
19%
23%
+70
+74
+61
+54
If I have an emergency I feel safe calling law enforcement for help I generally feel safe in my neighborhood
Crime is a major problem in Stanislaus County
I generally feel safe within most parts of Stanislaus County Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Safety in Stanislaus County
Q29/30/31/34. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement.
The vast majority of residents feel safe in their own neighborhood and within most parts of the County; however, most also believe crime is a major problem in the County.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 23
49%
52%
47%
40%
46%
50%
52%
57%
53%
46%
48%
37%
37%
37%
37%
38%
37%
40%
34%
38%
37%
37%
1%
1%
1%
1%
7%
5%
8%
11%
10%
6%
3%
5%
4%
9%
6%
6%
5%
7%
11%
5%
7%
4%
3%
4%
7%
9%
87%
89%
85%
78%
84%
87%
92%
91%
91%
83%
85%
13%
11%
15%
22%
16%
13%
7%
9%
8%
16%
15%
+74
+79
+70
+55
+68
+74
+85
+82
+82
+67
+69
Overall
Male (45%)
Female (55%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Feels Safe in Neighborhood
Q30. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement…I generally feel safe in my neighborhood.
Residents across demographic groups generally feel safe in their neighborhood.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 24
49%
46%
39%
50%
64%
51%
44%
53%
48%
68%
45%
61%
56%
37%
43%
38%
34%
30%
36%
41%
33%
36%
25%
36%
34%
36%
1%
2%
1%
7%
6%
5%
9%
4%
8%
7%
8%
9%
3%
11%
5%
5%
6%
5%
15%
7%
2%
5%
8%
5%
6%
3%
7%
2%
87%
88%
78%
84%
94%
87%
85%
87%
84%
93%
82%
95%
92%
13%
11%
21%
16%
6%
13%
15%
13%
16%
7%
18%
5%
8%
+74
+77
+57
+68
+88
+74
+70
+73
+69
+86
+64
+90
+85
Overall
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
Modesto (48%)
Turlock (16%)
Ceres (8%)
Oakdale (6%)
Patterson (5%)
Riverbank (4%)
Other (13%)
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Feels Safe in Neighborhood
Q30. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement…I generally feel safe in my neighborhood.
Residents in the South Modesto region are more likely to indicate that they do not feel safe in their neighborhood, although the vast majority even in this region still indicate that they generally feel safe.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 25
41%
40%
41%
40%
42%
43%
42%
37%
38%
43%
44%
39%
37%
41%
37%
39%
40%
40%
38%
40%
38%
40%
2%
2%
2%
1%
2%
1%
3%
1%
2%
2%
13%
15%
12%
15%
13%
11%
11%
15%
16%
10%
12%
5%
6%
5%
6%
4%
6%
4%
8%
4%
7%
4%
80%
77%
82%
78%
81%
82%
82%
75%
78%
80%
84%
19%
21%
16%
21%
17%
17%
15%
24%
20%
18%
16%
+61
+56
+66
+57
+64
+65
+67
+52
+57
+63
+68
Overall
Male (45%)
Female (55%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Crime is a Major Problem
Q31. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement…Crime is a major problem in Stanislaus County.
There is agreement across subgroups that crime is a major problem in the County.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 26
41%
41%
51%
42%
31%
40%
45%
39%
45%
31%
31%
29%
36%
39%
40%
28%
37%
45%
40%
35%
40%
39%
42%
51%
49%
44%
2%
1%
5%
2%
2%
1%
2%
1%
3%
2%
13%
13%
12%
17%
11%
13%
14%
16%
8%
14%
15%
7%
12%
5%
4%
5%
2%
12%
6%
4%
4%
8%
10%
4%
15%
7%
80%
81%
79%
79%
75%
81%
80%
79%
84%
73%
82%
78%
79%
19%
18%
16%
19%
22%
19%
18%
20%
16%
24%
18%
22%
19%
+61
+63
+63
+60
+53
+62
+63
+59
+69
+49
+64
+56
+60
Overall
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
Modesto (48%)
Turlock (16%)
Ceres (8%)
Oakdale (6%)
Patterson (5%)
Riverbank (4%)
Other (13%)
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Crime is a Major Problem
Q31. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement…Crime is a major problem in Stanislaus County.
Residents in the South Modesto region are more likely to agree that crime is a major problem.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 27
47%
25%
25%
27%
2%
2%
10%
20%
16%
26%
72%
52%
26%
46%
+47
+6
I am very concerned about police violence and use of force in other parts of the U.S.
I am very concerned about police violence and use of force in Stanislaus County
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Concern About Police Violence
Q26/27. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement.
A majority residents are concerned about police violence in Stanislaus County.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 28
25%
25%
26%
33%
30%
28%
21%
18%
19%
31%
29%
27%
28%
26%
27%
30%
19%
27%
28%
24%
31%
21%
2%
2%
2%
1%
2%
2%
3%
1%
2%
2%
1%
20%
17%
23%
18%
20%
20%
18%
24%
24%
15%
21%
26%
29%
24%
20%
18%
30%
31%
29%
31%
21%
28%
52%
53%
51%
61%
60%
47%
48%
46%
43%
62%
50%
46%
45%
47%
38%
38%
51%
49%
52%
55%
36%
49%
+6
+8
+5
+22
+22
-4
-1
-6
-12
+26
+1
Overall
Male (45%)
Female (55%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Police Violence in Stanislaus County
Q26. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement…I am very concerned about police violence and use of force in Stanislaus County.
Hispanic and younger residents are more likely to express concern about police violence in the county.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 29
25%
39%
22%
20%
34%
14%
25%
27%
30%
35%
18%
32%
17%
28%
2%
1%
2%
2%
1%
1%
3%
20%
19%
22%
18%
21%
18%
19%
26%
11%
19%
41%
11%
49%
25%
52%
69%
57%
38%
67%
31%
53%
46%
30%
41%
60%
32%
68%
44%
+6
+39
+15
-22
+35
-37
+8
Overall
Liberal (26%)
Moderate (32%)
Conservative (41%)
Democrat (40%)
Republican (29%)
NPP/Other (31%)
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Police Violence in Stanislaus County
Q26. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement…I am very concerned about police violence and use of force in Stanislaus County.
The topic of police violence has become a partisan issue, with Democrats more likely to be concerned and Republicans more likely to indicate that they are not concerned about it.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 30
25%
24%
28%
33%
24%
23%
26%
21%
25%
22%
33%
27%
26%
27%
29%
26%
21%
20%
29%
29%
31%
31%
14%
22%
27%
20%
2%
1%
2%
2%
1%
3%
1%
3%
1%
2%
2%
2%
20%
21%
23%
22%
19%
17%
21%
17%
16%
20%
18%
20%
22%
26%
25%
21%
21%
36%
29%
22%
29%
27%
42%
25%
27%
30%
52%
54%
54%
54%
44%
52%
55%
51%
56%
36%
55%
54%
46%
46%
46%
44%
44%
55%
45%
44%
46%
43%
63%
44%
46%
52%
+6
+8
+10
+11
-12
+7
+11
+6
+13
-27
+11
+7
-6
Overall
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
Modesto (48%)
Turlock (16%)
Ceres (8%)
Oakdale (6%)
Patterson (5%)
Riverbank (4%)
Other (13%)
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Police Violence in Stanislaus County
Q26. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement…I am very concerned about police violence and use of force in Stanislaus County.
Residents in Oakdale and the Northeast region are less likely to express concern about police violence in the county.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 31
21%
12%
17%
14%
2%
2%
14%
14%
47%
58%
38%
26%
60%
72%
-22
-46
I have personally had a negative encounter or
personal interaction with a police officer
I have been racially profiled by law enforcement
Strongly
Agree
Somewhat
Agree
(Don't
Know)
Somewhat
Disagree
Strongly
Disagree
Agree/Disagree: Negative Experiences
Q32/33. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement.
More than one-in-four residents feel they have been racially profiled by law enforcement, and more than one-third have personally had a negative interaction with a police officer.
Total
Agree
Total
Disagree
Net
Agree
21-7986 Project Resolve | 32
Agree: Negative Encounter (38%)
Q32. Next I will read you a series of statements. Again, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each statement…I have personally had a negative encounter or personal interaction with a police officer. 21% 21% 17% 25% 15%
Age
18-29 30-39 40-49 50-64 65+
Respondents who have had a negative encounter with a police officer are more likely to be under the age of 65, Hispanic, and are more likely to live in Modesto, particularly in the North Modesto region. 31%
13%
15%
12%
28%
Region
North Modesto
South Modesto
West
Northeast
Southeast
48% 52%
Gender
Male Female
44% 32% 24%
Party Registration
Democrat NPP/Other Republican
36% 47% 16%
Ethnicity
White Hispanic BIPOC
48%
13%
10%
6%
7%
4%
12%
City
Modesto
Turlock
Ceres
Oakdale
Patterson
Riverbank
Other
21-7986 Project Resolve | 33
37%
23%
38%
24%
35%
37%
36%
38%
10%
10%
5%
5%
10%
14%
12%
18%
8%
15%
9%
16%
72%
60%
74%
62%
18%
30%
21%
33%
+54
+31
+53
+28
Overall
Negative Encounter
Overall
Negative Encounter
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Law Enforcement Favorable Ratings by Negative Encounter Q5/Q7/Q32.
Respondents who have had a negative encounter with a police officer gave higher unfavorability ratings to both the Sheriff’s Department and their local police department.
Total
Fav.
Total
Unfav.
Net
Fav.
Sheriff’s Dept
Local PD
21-7986 Project Resolve | 34
Police Oversight Board
A majority of residents support a police oversight board, although the support is not currently very “strong.” There is a significant partisan difference with Republicans far less supportive than Democrats and NPP/Other residents.
Support Oppose Net
Support
Overall 64% 29% +35
Male (45%) 62% 32% +30
Female (55%) 66% 27% +39
18-29 (20%) 71% 25% +46
30-39 (16%) 72% 20% +52
40-49 (17%) 61% 34% +27
50-64 (26%) 61% 31% +30
65+ (20%) 59% 36% +23
White (42%) 58% 35% +24
Hispanic (42%) 72% 22% +50
BIPOC (16%) 60% 35% +25
North Modesto (33%) 63% 30% +33
South Modesto (13%) 72% 22% +50
West (13%) 64% 31% +33
Northeast (12%) 59% 34% +25
Southeast (29%) 64% 29% +35
Democrat (40%) 80% 16% +65
Republican (29%) 44% 52% -8
NPP/Other (31%) 62% 27% +35
Q36. Do you strongly support, somewhat support, somewhat oppose, or strongly oppose establishing a citizen-led police oversight board in Stanislaus County? Strongly 32%
Strongly 18%
Somewhat 32%
Somewhat 11%
Support
64%
Oppose
29%
(Don't know)
6%
Support Oppose (Don't know)
21-7986 Project Resolve | 35
Police Oversight Board
20%
16%
13%
12%
7%
5%
3%
3%
7%
15%
Accountability/Transparency
Listening to community/Helping citizens/Better relationship Fairness/Equal rights/Racial equality
Following guidelines/Better training/Handling situations correctly Decreasing crime/Better protection
Make things better/Change/General Support
Get rid of bad cops/Corruption
Less violence/Less police brutality
Other
Don't know/ Nothing
Of those who support a police oversight board, a plurality would like it to accomplish accountability/transparency.
Q37. What would you hope a citizen-led oversight board would be able to accomplish? If strongly or somewhat supports
establishing a citizen-led police
oversight board;
n=647
News Sources
21-7986 Project Resolve | 37
28%
17%
14%
12%
12%
4%
8%
4%
Local television news networks
Cable news networks, like CNN,
MSNBC, or FOX
Newspapers, either in print or online
Facebook, Instagram, or Twitter
Other Internet sites
Radio
Some other source
(Don’t know/Refused)
News Sources
Q40. What is your most important source of information about local news and events? A plurality of respondents turn to local TV for information about local news and events. 21-7986 Project Resolve | 38
0%
5%
10%
15%
20%
25%
30%
35%
40%
Overall Male
(45%)
Female
(55%)
18-29
(20%)
30-39
(16%)
40-49
(17%)
50-64
(26%)
65+
(20%)
White
(42%)
Hispanic
(42%)
BIPOC
(16%)
Local television news networks Cable news networks, like CNN, MSNBC, or FOX Newspapers, either in print or online Facebook, Instagram, or Twitter Other Internet sites Radio News Sources by Subgroups
Q40. What is your most important source of information about local news and events? Respondents over the age of 50 are more likely to turn to local tv for news, while those under 30 turn to social media. 21-7986 Project Resolve | 39
0%
5%
10%
15%
20%
25%
30%
35%
40%
Overall N. Mod.
(33%)
S. Mod.
(13%)
West
(13%)
Northeast
(12%)
Southeast
(29%)
Modesto
(48%)
Turlock
(16%)
Ceres
(8%)
Oakdale
(6%)
Patterson
(5%)
Riverbank
(4%)
Other
(13%)
Local television news networks Cable news networks, like CNN, MSNBC, or FOX Newspapers, either in print or online Facebook, Instagram, or Twitter Other Internet sites Radio News Sources by Subgroups
Q40. What is your most important source of information about local news and events? Respondents in Oakdale are more likely to turn to local news, while those in Patterson turn to cable news. 21-7986 Project Resolve | 40
Key Data Findings
The vast majority of Stanislaus County residents have positive opinions of law enforcement. Both the Sheriff’s Department and local police departments receive largely positive ratings.
• Note that most residents do not distinguish between the County Sheriff’s Department and their local police department.
However, a majority of residents say they are concerned about police violence and use of force in Stanislaus County, indicating this concern is at the very least in the back of the minds of many residents, despite their generally positive views of local law enforcement.
The largest share of negative opinions are in younger residents (age 18-39) and residents of color. Yet even within these communities and demographic groups, the majority have positive opinions of law enforcement.
Tom Patras
[email protected]
614.827.9677
Alexa DeJesus
[email protected]
202.849.6533
APPENDIX
21-7986 Project Resolve | 43
66%
33%
1%
Yes
No
(Don't
know/Refused)
Law Enforcement Response
Q38-39.
Two-thirds of residents have had law enforcement respond to an emergency situation. Of those, nearly three-fourths had a positive experience.
n=666
Excellent 39%
Poor 6%
Good 33%
Only fair 18%
Positive
72%
Negative
24%
(Don't know)
3%
Positive Negative (Don't know)
Have you or someone close to you ever had law
enforcement respond to an emergency situation?
How would you rate the performance of law
enforcement during that event?
21-7986 Project Resolve | 44
37%
36%
37%
23%
28%
39%
46%
42%
35%
33%
37%
39%
35%
35%
33%
36%
10%
12%
8%
11%
10%
9%
9%
10%
10%
12%
9%
12%
15%
12%
7%
7%
8%
7%
9%
14%
13%
5%
6%
4%
72%
69%
74%
62%
63%
74%
79%
78%
18%
19%
18%
26%
27%
18%
12%
12%
+54
+50
+56
+36
+36
+56
+67
+67
Overall
Male (45%)
Female (55%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Stanislaus County Sheriff’s Department Rating by Subgroups Q5. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department All subgroups gave the County Sheriff’s Department a net favorable rating. Younger residents are more likely to hold unfavorable views toward the Department.
Total
Fav.
Total
Unfav.
Net
Fav.
21-7986 Project Resolve | 45
37%
18%
36%
49%
42%
33%
33%
35%
35%
39%
33%
34%
34%
43%
10%
10%
9%
10%
8%
12%
6%
10%
19%
10%
5%
10%
11%
9%
8%
17%
7%
3%
7%
10%
8%
72%
53%
75%
82%
76%
67%
76%
18%
37%
16%
8%
16%
21%
17%
+54
+16
+59
+73
+60
+46
+59
Overall
Liberal (26%)
Moderate (32%)
Conservative (41%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Stanislaus County Sheriff’s Department Rating by Subgroups Q5. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department Self-identified liberal residents are much more likely to have negative opinions of the Sheriff’s Department.
Total
Fav.
Total
Unfav.
Net
Fav.
21-7986 Project Resolve | 46
37%
30%
37%
47%
22%
49%
39%
43%
41%
32%
34%
31%
36%
35%
33%
35%
28%
41%
32%
42%
32%
36%
30%
37%
44%
42%
10%
13%
10%
15%
9%
8%
6%
11%
6%
14%
11%
10%
4%
10%
12%
13%
7%
14%
5%
8%
11%
9%
14%
9%
7%
11%
8%
12%
5%
3%
15%
6%
5%
5%
8%
9%
10%
8%
8%
72%
63%
72%
75%
62%
81%
81%
74%
77%
62%
71%
75%
77%
18%
24%
18%
10%
29%
11%
13%
15%
17%
24%
19%
15%
19%
+54
+38
+54
+65
+34
+70
+68
+59
+60
+38
+52
+60
+58
Overall
Male 18-39 (17%)
Male 40-64 (20%)
Male 65+ (9%)
Female 18-39 (20%)
Female 40-64 (24%)
Female 65+ (11%)
White Male (19%)
White Female (23%)
Hispanic Male (19%)
Hispanic Female (23%)
BIPOC Male (7%)
BIPOC Female (8%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Stanislaus County Sheriff’s Department Rating by Subgroups Q5. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department Older residents have more favorable opinions of the Sheriff’s Department.
Total
Fav.
Total
Unfav.
Net
Fav.
21-7986 Project Resolve | 47
37%
40%
44%
29%
37%
16%
46%
30%
48%
27%
48%
33%
39%
35%
30%
33%
28%
34%
57%
31%
41%
33%
38%
34%
39%
45%
10%
12%
10%
13%
17%
11%
9%
3%
8%
12%
8%
4%
3%
10%
12%
10%
19%
6%
5%
9%
14%
6%
10%
5%
13%
8%
8%
6%
4%
11%
6%
11%
6%
11%
6%
13%
4%
11%
5%
72%
70%
77%
57%
71%
73%
77%
71%
81%
65%
82%
72%
84%
18%
18%
13%
29%
12%
16%
14%
26%
12%
23%
10%
24%
13%
+54
+52
+64
+28
+58
+57
+63
+46
+69
+42
+73
+48
+71
Overall
White Men <50 (8%)
White Men 50+ (11%)
Hispanic Men <50 (13%)
Hispanic Men 50+ (6%)
BIPOC Men <50 (4%)
BIPOC Men 50+ (3%)
White Women <50 (9%)
White Women 50+ (14%)
Hispanic Women <50 (16%)
Hispanic Women 50+ (7%)
BIPOC Women <50 (5%)
BIPOC Women 50+ (4%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Stanislaus County Sheriff’s Department Rating by Subgroups Q5. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department Hispanic men under age 50 have less favorable opinions of the Sheriff’s Department than other groups.
Total
Fav.
Total
Unfav.
Net
Fav.
21-7986 Project Resolve | 48
37%
37%
25%
44%
46%
34%
35%
33%
29%
46%
42%
46%
43%
35%
32%
45%
34%
32%
37%
34%
35%
44%
29%
40%
34%
35%
10%
12%
10%
6%
5%
11%
11%
14%
8%
7%
5%
2%
7%
10%
13%
8%
5%
8%
11%
11%
12%
10%
8%
4%
10%
8%
8%
7%
11%
11%
8%
7%
9%
6%
9%
10%
9%
7%
8%
72%
69%
71%
79%
79%
71%
69%
69%
73%
75%
82%
80%
78%
18%
20%
19%
15%
17%
19%
20%
17%
19%
19%
13%
17%
15%
+54
+49
+52
+63
+62
+52
+49
+51
+53
+56
+69
+63
+63
Overall
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
Modesto (48%)
Turlock (16%)
Ceres (8%)
Oakdale (6%)
Patterson (5%)
Riverbank (4%)
Other (13%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Stanislaus County Sheriff’s Department Rating by Subgroups Q5. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…the Stanislaus County Sheriff’s Department Residents in the West and Northeast regions have more strongly favorable opinions of the Department.
Total
Fav.
Total
Unfav.
Net
Fav.
21-7986 Project Resolve | 49
23%
25%
21%
17%
16%
25%
28%
26%
24%
23%
19%
42%
38%
45%
38%
36%
40%
43%
49%
44%
39%
42%
5%
5%
4%
4%
4%
5%
4%
6%
6%
4%
4%
22%
23%
22%
26%
29%
24%
19%
16%
19%
24%
27%
8%
9%
8%
14%
14%
6%
6%
4%
7%
10%
8%
65%
63%
66%
55%
53%
65%
71%
74%
69%
62%
61%
31%
32%
30%
40%
43%
30%
25%
20%
25%
35%
35%
+34
+31
+36
+15
+10
+35
+46
+55
+44
+27
+26
Overall
Male (45%)
Female (55%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Excellent Good (Don't know) Only Fair Poor
Sheriff’s Department Job Rating by Subgroups
Q12. Using a scale of excellent, good, only fair, or poor, please rate each of the following…the job the Stanislaus County Sheriff’s Department is doing
Overall, the Sheriff’s Department’s job approval is positive, but lacks intensity, especially with younger residents.
Total
Pos.
Total
Neg.
Net
Pos.
21-7986 Project Resolve | 50
23%
13%
37%
23%
21%
18%
26%
36%
20%
42%
43%
40%
42%
43%
39%
43%
39%
42%
5%
5%
4%
6%
5%
7%
2%
2%
5%
22%
28%
16%
21%
22%
24%
21%
16%
25%
8%
11%
4%
9%
8%
12%
8%
7%
8%
65%
56%
77%
65%
64%
58%
69%
74%
62%
31%
40%
20%
30%
31%
35%
29%
23%
33%
+34
+16
+57
+35
+34
+22
+40
+51
+29
Overall
Democrat (40%)
Republican (29%)
NPP/Other (31%)
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
Excellent Good (Don't know) Only Fair Poor
Sheriff’s Department Job Rating by Subgroups
Q12. Using a scale of excellent, good, only fair, or poor, please rate each of the following…the job the Stanislaus County Sheriff’s Department is doing
Residents in the South Modesto region are more likely to give the Department a negative rating.
Total
Pos.
Total
Neg.
Net
Pos.
21-7986 Project Resolve | 51
38%
34%
42%
29%
32%
34%
44%
48%
42%
35%
37%
36%
37%
35%
34%
31%
42%
33%
39%
36%
35%
38%
5%
8%
3%
6%
7%
5%
6%
3%
6%
5%
4%
12%
11%
12%
16%
17%
11%
11%
4%
11%
12%
12%
9%
10%
9%
14%
13%
8%
6%
5%
6%
12%
10%
74%
71%
76%
63%
63%
75%
77%
87%
78%
70%
74%
21%
21%
21%
31%
30%
19%
17%
9%
16%
25%
22%
+53
+50
+55
+32
+33
+56
+61
+78
+61
+45
+53
Overall
Male (45%)
Female (55%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Local Police Department Rating by Subgroups
Q7. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…your local police department Similarly, opinions are split by age with residents over 50 having a more favorable view toward their local police department and residents under 40 being more likely to have an unfavorable view.
Total
Fav.
Total
Unfav.
Net
Fav.
21-7986 Project Resolve | 52
38%
29%
53%
36%
39%
25%
37%
47%
40%
36%
41%
29%
36%
36%
44%
34%
33%
33%
5%
3%
4%
9%
4%
7%
7%
4%
7%
12%
16%
7%
11%
14%
12%
9%
8%
12%
9%
11%
7%
9%
7%
13%
12%
7%
9%
74%
70%
82%
71%
75%
68%
72%
80%
73%
21%
26%
14%
19%
21%
25%
21%
16%
20%
+53
+44
+68
+52
+54
+44
+50
+64
+52
Overall
Democrat (40%)
Republican (29%)
NPP/Other (31%)
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
Strongly
Favorable
Somewhat
Favorable
(No Opinion)/
Never Heard
Somewhat
Unfavorable
Strongly
Unfavorable
Local Police Department Rating by Subgroups
Q7. Please tell me if you have a strongly favorable, somewhat favorable, somewhat unfavorable or strongly unfavorable opinion of each one…your local police department Favorability is soft in the South Modesto region.
Total
Fav.
Total
Unfav.
Net
Fav.
21-7986 Project Resolve | 53
23%
22%
24%
21%
13%
24%
26%
28%
26%
21%
21%
42%
38%
45%
32%
40%
40%
43%
52%
43%
40%
44%
2%
3%
1%
1%
2%
2%
4%
2%
3%
2%
2%
23%
26%
20%
27%
28%
25%
20%
14%
21%
24%
22%
10%
11%
10%
18%
16%
9%
6%
4%
8%
13%
12%
65%
60%
69%
53%
53%
64%
70%
80%
69%
61%
65%
33%
37%
30%
46%
45%
34%
27%
18%
28%
37%
33%
+32
+23
+39
+7
+8
+30
+43
+62
+40
+24
+31
Overall
Male (45%)
Female (55%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Excellent Good (Don't know) Only Fair Poor
Local Police Department Job Rating by Subgroups
Q14. Using a scale of excellent, good, only fair, or poor, please rate each of the following…the job your local police department is doing
Residents under 40 are split on their job rating for their local police department.
Total
Pos.
Total
Neg.
Net
Pos.
21-7986 Project Resolve | 54
23%
16%
35%
21%
22%
20%
21%
35%
21%
42%
42%
41%
43%
44%
39%
40%
37%
43%
2%
1%
2%
4%
1%
3%
3%
3%
2%
23%
30%
13%
23%
23%
23%
21%
16%
25%
10%
12%
9%
10%
9%
15%
15%
9%
9%
65%
58%
76%
63%
66%
59%
62%
72%
64%
33%
41%
22%
32%
32%
38%
35%
25%
34%
+32
+16
+54
+31
+34
+22
+27
+47
+30
Overall
Democrat (40%)
Republican (29%)
NPP/Other (31%)
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
Excellent Good (Don't know) Only Fair Poor
Local Police Department Job Rating by Subgroups
Q14. Using a scale of excellent, good, only fair, or poor, please rate each of the following…the job your local police department is doing
Residents in both the South Modesto and West region are more likely to give their local police department a negative rating.
Total
Pos.
Total
Neg.
Net
Pos.
21-7986 Project Resolve | 55
17%
16%
25%
28%
26%
21%
13%
24%
26%
28%
38%
36%
40%
43%
49%
32%
40%
40%
43%
52%
4%
4%
5%
4%
6%
1%
2%
2%
4%
2%
26%
29%
24%
19%
16%
27%
28%
25%
20%
14%
14%
14%
6%
6%
4%
18%
16%
9%
6%
4%
55%
53%
65%
71%
74%
53%
53%
64%
70%
80%
40%
43%
30%
25%
20%
46%
45%
34%
27%
18%
+15
+10
+35
+46
+55
+7
+8
+30
+43
+62
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
18-29 (20%)
30-39 (16%)
40-49 (17%)
50-64 (26%)
65+ (20%)
Excellent Good (Don't know) Only Fair Poor
Sheriff & Local PD Job Ratings by Subgroups
Q12/14. Using a scale of excellent, good, only fair, or poor, please rate each of the following…the job the Stanislaus County Sheriff’s Department is doing/ the job your local police department is doing.
Job ratings for the Sheriff’s Department and Local PD are aligned across subgroups.
Total
Pos.
Total
Neg.
Net
Pos.
Sheriff’s Dept
Local PD
21-7986 Project Resolve | 56
25%
21%
22%
24%
13%
37%
23%
16%
35%
21%
38%
45%
38%
45%
43%
40%
42%
42%
41%
43%
5%
4%
3%
1%
5%
4%
6%
1%
2%
4%
23%
22%
26%
20%
28%
16%
21%
30%
13%
23%
9%
8%
11%
10%
11%
4%
9%
12%
9%
10%
63%
66%
60%
69%
56%
77%
65%
58%
76%
63%
32%
30%
37%
30%
40%
20%
30%
41%
22%
32%
+31
+36
+23
+39
+16
+57
+35
+16
+54
+31
Male (45%)
Female (55%)
Male (45%)
Female (55%)
Democrat (40%)
Republican (29%)
NPP/Other (31%)
Democrat (40%)
Republican (29%)
NPP/Other (31%)
Excellent Good (Don't know) Only Fair Poor
Sheriff & Local PD Job Ratings by Subgroups
Q12/14. Using a scale of excellent, good, only fair, or poor, please rate each of the following…the job the Stanislaus County Sheriff’s Department is doing/ the job your local police department is doing.
Male residents are more likely to give their Local PD a negative rating compared to the Sheriff’s Department.
Total
Pos.
Total
Neg.
Net
Pos.
Sheriff’s Dept
Local PD
Local PD
Sheriff’s Dept
21-7986 Project Resolve | 57
24%
23%
19%
26%
21%
21%
44%
39%
42%
43%
40%
44%
6%
4%
4%
3%
2%
2%
19%
24%
27%
21%
24%
22%
7%
10%
8%
8%
13%
12%
69%
62%
61%
69%
61%
65%
25%
35%
35%
28%
37%
33%
+44
+27
+26
+40
+24
+31
White (42%)
Hispanic (42%)
BIPOC (16%)
White (42%)
Hispanic (42%)
BIPOC (16%)
Excellent Good (Don't know) Only Fair Poor
Sheriff & Local PD Job Ratings by Subgroups
Q12/14. Using a scale of excellent, good, only fair, or poor, please rate each of the following…the job the Stanislaus County Sheriff’s Department is doing/ the job your local police department is doing.
BIPOC residents are more likely to give their Local PD a positive rating compared to the Sheriff’s Department.
Total
Pos.
Total
Neg.
Net
Pos.
Sheriff’s Dept
Local PD
21-7986 Project Resolve | 58
21%
18%
26%
36%
20%
22%
20%
21%
35%
21%
43%
39%
43%
39%
42%
44%
39%
40%
37%
43%
5%
7%
2%
2%
5%
1%
3%
3%
3%
2%
22%
24%
21%
16%
25%
23%
23%
21%
16%
25%
8%
12%
8%
7%
8%
9%
15%
15%
9%
9%
64%
58%
69%
74%
62%
66%
59%
62%
72%
64%
31%
35%
29%
23%
33%
32%
38%
35%
25%
34%
+34
+22
+40
+51
+29
+34
+22
+27
+47
+30
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
North Modesto (33%)
South Modesto (13%)
West (13%)
Northeast (12%)
Southeast (29%)
Excellent Good (Don't know) Only Fair Poor
Sheriff & Local PD Job Ratings by Subgroups
Q12/14. Using a scale of excellent, good, only fair, or poor, please rate each of the following…the job the Stanislaus County Sheriff’s Department is doing/ the job your local police department is doing.
Residents in the West region are more likely to give their Local PD a negative rating compared to the Sheriff’s Department.
Total
Pos.
Total
Neg.
Net
Pos.
Sheriff’s Dept
Local PD
Meeting Date: January 23, 2023
Subject: Update Regarding the Well 7 Replacement Project Status Enclosure: City of Hughson Well 7 Replacement Project Status Update Presented By: Carla C. Jauregui, Community Development Director Approved By: ____________________________
City Manager
Staff Recommendation:
Review and accept the City of Hughson Well 7 Replacement Project Status Update.
Background and Overview:
At the regularly scheduled City Council meeting on January 9, 2023, the City Council requested an item be placed on the agenda to give a status update on the Well 7 Replacement Project. A detailed summary, provided by the City contracted Water Engineer, Cort Abney has been included in the agenda.
In summary, after significant schedule delays, the project is nearing completion. The greatest impact on the schedule resulted from supply chain weaknesses impeding the delivery of specialized electrical equipment and components manufactured overseas. All remaining parts are now in possession of the electrical subcontractors, allowing the final fabrication of control and instrumentation panels. At this time, start-up and testing are expected to begin in approximately six weeks, with final completion occurring soon afterward. Despite schedule challenges, project costs remain within budget.
CITY COUNCIL AGENDA ITEM NO. 4.1
SECTION 4: UNFINISHED BUSINESS
4122 Cameron Park Drive, Cameron Park, CA 9682
January 18, 2023
To: Carla Jauregui
Community Development Director
From: Cort Abney, P.E.
Shoreline Environmental Engineering
Subject: City of Hughson Well 7 Replacement Project -
Status Update
As requested, the following summarizes the current status of the City of Hughson Well 7 Replacement Project (“Project”). After significant schedule delays, the Project is nearing completion. The greatest impact to schedule resulted from supply chain weaknesses impeding delivery of specialized electrical equipment and components manufactured overseas. All remaining parts are now in procession of the electrical subcontractors, allowing final fabrication of control and instrumentation panels. At this time, start-up and testing is expected to begin in approximately 6 weeks, with final completion occurring soon afterward. Despite schedule challenges, Project costs remain within budget.
Schedule: As reported previously, significant delays in Project construction occurred as specialized equipment and parts manufactured in foreign countries were impacted by global supply chain failings.
Other reasons for delays included contract requirements imposed by funding sources to meet the American Iron and Steel Act, whereby certain materials had to be manufactured in the United States, including but not limited to, valves, pipe, and other steel products. At this time, all outstanding parts and components are in procession of Project subcontractors, and remaining electrical control panels are scheduled for delivery to the site by mid-February.
The Contractor has continued to make progress when not limited by material and equipment deliveries.
In an effort to speed up progress, the Contractor purchased used motor starters for temporary use until the permanent starters arrive. Power is now available to the site, and initial testing of equipment and instruments is proceeding. The Contractor is scheduling training sessions for City Operations staff, and coordinating multiple vendors to assist with start-up activities of equipment and systems (i.e. well pumps, booster pumps, chemical feed pumps, flow meters, level measuring, control valves, water filtration equipment, blowers, control systems, telemetry, generator, etc.). Start-up and training are projected to require 3-4 weeks time.
Budget & Change Orders: Notwithstanding extensive delays, change orders and additional costs remain low. Currently, change orders amount to approximately 0.2% of the original contract price, and nearly all of the cost (86%) was due to additional work imposed by TID during construction. To date, non-TID change orders total approximately $2000.
Sincerely,
Cort Abney, P.E.
Meeting Date: January 23, 2023
Subject: Approval of a Revised and Restated Non-Potable Water Agreement, with the Hughson Unified School District and Authorization for the City Manager to Execute the
Agreement
Enclosure: Revised and Restated Non-Potable Water Agreement Presented By: Merry Mayhew, City Manager
Approved By: ___________________________
City Manager
Staff Recommendations:
1. Review and approve a ten-year Revised and Restated Non-Potable Water Agreement with the Hughson Unified School District.
2. Authorize the City Manager to execute the Agreement inclusive of edits by the City Attorney.
Background and Discussion:
The City of Hughson (City) and Hughson Unified School District (HUSD) entered into a ten-year Non-Potable Water Agreement in June 2012. The purpose of the Agreement was to use non-potable water from Well 6 to irrigate approximately 30 acres of turf area at the HUSD’s sports fields. Well 6 is located nearby on Locust Street and is considered non-potable water as the limits for arsenic exceed the limits currently allowable under current drinking water standards (California Department of Public Health Compliance Order No. 03-10-09CO-0001A dated January 5, 2009, Addendum No. 1 issued on August 9, 2012).
The Agreement benefits HUSD as absent an agreement, HUSD would need to drill, operate and maintain a well on HUSD property. In addition, the Agreement provides HUSD with non-potable water for the purpose of irrigation at a reduced cost. The Agreement also benefits the City by reducing the amount of water requiring treatment, allowing the City to use the non-treated water to meet the HUSD demands.
On May 23, 2022, HUSD and the City entered into a First Amendment to the NonPotable Water Agreement for month-to-month service while corrections were made CITY COUNCIL AGENDA ITEM NO. 4.2
SECTION 4: UNFINISHED BUSINESS
to the water system. Corrections included installing a pressure release valve on the HUSD distribution system and adding a timer to allow more irrigation stations to run at the same time. In addition, the City replaced the compressor at a cost of approximately $2,400. The issues have now been resolved successfully and the City and HUSD wish to enter into another multi-year agreement.
The following are the terms in the new agreement (Exhibit A):
• 10-year term;
• HUSD will pay $0.831 per 1,000 gallons delivered (previously agreement was $.685 per 1000 gallons delivered)
• HUSD and the City will share equally in the costs of maintenance and repair of Well 6 (this was not covered in the original agreement); • The existing agreement included a CPI increase that was dropped from the new agreement in order to include that any increase in the non-potable water rate is tied to the proportional increase in the potable water rate charged by the City; and
• HUSD’s use of water is not exclusive.
The HUSD Board approved the Agreement at the December 2022 Board meeting and if approved, the Agreement will be effective January 10, 2023.
Fiscal Impact:
Over the 12-month period of April 30, 2021 – March 30, 2022, HUSD used a total of 34,808,000 gallons at a cost of approximately $26,802 annually. With the new rate, HUSD’s annual cost of non-potable water will be approximately $29,000 annually.
CITY OF HUGHSON AND HUGHSON UNIFIED SCHOOL DISTRICT
REVISED AND REST ATED NON-POTAJ3LE WATER AGREEMENT
This Revised and Restated Non-Potable Water Agreement (hereinafter, "Agreement") is general law city organized under the laws of the state of California, (hereinafter, "City") and the IE-nJGHSON UNIFIED SCHOOL DISTRICT (hereinafter, "District") (individually, a "Party collectively, "Parties"
RECITALS
A. Whereas, District is tl'ie fee owner of that ceitain real propeity coinmonly la'iown as "Hughson High School" located at 7419 E. Whitmore Avenue, Hughson, CA and that certain real propeity east and adjacent to the high school (collectively, "Site").
B. Whereas, in 2012, District was planning to install a new baseball field, new softball field, three soccer fields and a parking lot at the Site. The then-existing sports fields and the proposed new sports fields located at the Site were to total approximately 30 acres of turf area; and
C. Whereas, City owns Well #6 located on Locust Street near the Site. Water from Well #6 has arsenic levels higher than allowable under current drinking water standards; and D. Well #6 consists of a deep water well, one or more pumps, pipes, valves, other related infrastructure, and a water meter (collectively, "Well #6"); and E. Whereas, District would have had to drill, operate and maintain a well on the Site absent the City providing water from Well #6; and
F. Whereas, a new well constructed on the Site could have a negative effect on the City's wells, including Well #6; and
G. Whereas, on June 12, 2012, the City and District entered into aNon-Potable Water Agreement ("Original Agreement") with an initial term of 10 years whereby the City agreed to provide non-potable water fro'i'n Well #6 to the District for the purposes of irrigating the sports fields on the Site; and
H. Whereas, on May 10, 2022, tl'ie City and District entered into a First Amendment to the Original Agreement changing the term from 10 years to a month-to-month terin subject to 60 days' notice of termination; and
I. Whereas, a non-potable water system would continue to benefit the City by reducing the amount of water requiring treatment to meet drinking water standards and worild allow the City to use the non-treated water to meet other City water demands; and I
1651371-2
J. Whereas, tlie District would continue to benefit from a non-potable water system through a reduced-cost water supply, relieving the District of well ownership, operations, and maintenance responsibilities, and paiticipation in an established water system that will provide the District with greater service reliability throyigh backup supplies; and K. Whereas, the City and District desire to revise and restate the Original Agreement (as currently amended) to change the term of the agreement to a new 10-year term, remove the cost of living adjustments to the non-potable water rate cliarged to the District, share equally in the costs in the maintenance and repair of Well #6, allow the City to use the non-potable water from Well #6, and tie tl'ie increase non-potable water rate in this Agreement to the propoitional increase in tlte potable water rate charged by the City; and L. Therefore, in consideration of the mritual benefits to each Party, the City and the District desire to enter into tl'iis Revised and Restated Non-Potable Water Agreement for the City to continue to provide to District non-potable water from Well #6 to irrigate existing and any new turf areas located or established at the Site.
NOW, THEREFORE, for and in consideration of tl'ie mutual covenants and conditions herein contained, City and District agree as follows:
1. Operational Parameters:
1.01. CitywillprovideDistrictwithanon-potablewatersupplyfromWell#6whichhasaflow range of 0 to 800 gallons per minute and a pressure of 60 psig to 75 psig as measured at the existing water meter located at the Site ("Water").
1.02. City will provide District the Water during the moxiths of March through October and during the hours of 9 p.m. to 6 a.m. Pacific Standard Time. The City reserves the right to take the non-potable water system off-line for three (3) months per year during December, Januaiy, and February; accordingly, City will have no obligation under this Agreement, and District will have no right to receive rmder this Agreement, Water during the montl'is of December, January, or February (or any combination thereof) during the term of this Agreement.
1.03. The Water provided by City pursuant to this Agreement will not be treated by City or any other paity and may not meet, nor will it be required to meet, any state or federal standards for drinking water.
1.04. District may use the Water provided by City pursuant to this Agreement for the purpose of irrigating existing and any new turf areas located on or established at the Site and for no other purpose.
2. Maintenance and Repairs:
2,01, City will be responsible for performing all maintenance and repairs on Well #6 during the terin of this Agreement ("Maintenance"). City will pay before delinquent all utility charges incurred in connection with the ownership and operation of Well #6, including without limitation 2 1651371-2
all standby cliarges (collectively, "Utility Charges"). City will account for all costs and expenses incuned in performing the Maintenance and the Utility Charges (collectively, "Costs").
2.02. District will be responsible for fifty percent (50%) of the Costs. City will send an in'voice to District for District's share of tl'ie Costs, and District will pay each ii"ivoice within thiity (30) days of its receipt.
2.03. City will maintain full-time water operators to oversee and correct operational deficiencies of Well # 6.
3. : District and City agree: (i) City owns Well #6; and (ii) City's ownership of Well #6 terminates at the water meter; and (iii) District has no ownership or propeity interest in Well #6; and (iv) City has no ownership or propeity interest in the pipes, valves, and other infrastructure from the point of the Well #6 water meter to the Site; and (v) City has no obligation to maintain or repair such infrastructure of District.
4. Water Rates.; Billing:
4.01. City l'ias potable water rates established in accordance with the provisions of Proposition 218. The established water rates take into account capital expenditures and water treahnent to provide a drinking water supply that meets regulatory standards. Because the Water will not be treated it can likely be provided to District at a lower rate than the rate charged customers who are receiving treated potable water. The City's water customers are charged a monthly fixed charge ("Fixed Charge") based on meter size and a metered rate for actual usage.
4.02. To the extent District pays fifty percent (50%) of the Costs pursuant to Section 2 of this Agreement, City agrees not to charge District a monthly Fixed Charge. District will pay for nonpotable water usage based on the metered rate of $0.831 per 1,000 gallons delivered ("Metered Rate"). The Metered Rate for non-potable water shall be subject to change during the term of this Agreement as follows: if the City's i'netered rate for potable water is increased in accordance with Proposition 218, the non-potable water Metered Rate will increase proportionally equal to the potable water rate. As an example, if the potable water metered rates increase by 5%, the non-potable water Metered Rate shall also increase by 5% to $0.873 per 1,000 gallons. As a result, the non-potable water Metered Rate will only increase when potable water metered rates change.
4,03. City will send a monthly inyoice to the District for non-potable water used at the rate set fortli in Section 4.02 which shall be payable within 30 days of the date of the invoice.
4.04. In exchange for the non-potable water Metered Rate set foith in Section 4.02, the District agrees that it will not drill a well on the Site during the term of this Agreement.
5. City's Use of Well #6: District's use of the Water is not exclusive. City may also use water from Well #6 at its own discretion.
3 1651371-2
6. Drinking Water: Tliis Agreement does not modify or alter tlie District's obligation to pay for the drinl<ing water used at the High School site under tlie existing drinking water rate structure.
7. : The District shall post signs on Site stating that the Site is irrigated with nonpotable water. All signs shall comply with all applicable state laws and regulations, including regulations issried by Cal/OSHA.
8. ten(10)years,expiringon,jyusxv7j3,2033 unlessteririinated.eaylierjijicgordance with Section 8.02. The Parties agree that this Agreement may be extended upon the mutual agreement of the Paities.
8.02. Either Party may terminate this agreement for cause ripon the breach of this Agreement by the other Party. In addition, either Party may unilaterally and in its sole discretion terminate this Agreement without cause upon sixty (60) days written notice to the other Paity.
9. General Provisions:
9.01. Ai'nendment. This Agreement may be amended, modified or supplemented only by a writing signed by both parties.
9.02. Waiver. No waiver of any provision of this Agreement shall be binding unless executed in writing by the Paity making the waiver. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver unless the written waiver so specifies.
9.03. Corinterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
9.04. No Joint Venture. It is not the intention of the Parties to create by this Agreement a relationship of master-servant, principal-agent, partnership or joint venture and under no circumstance shall either Party be considered the agent of the other.
9.05. Governing Law. This Agreement is entered into in and shall be governed by and construed in accordance with the laws of the State of California.
9.06. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, personal and legal representatives, subsidiaries, affiliates, successors and assigns.
4 1651371-2
9.07. a. District shall indemnify, defend and hold hari'nless City, its elected or appointed officials, employees, agents and authorized representatiyes from any and all losses, injuries, liability, damages, claims, costs and expenses (including attorneys' fees and court costs), arising out of or resulting from (i) any breach of this Agreement by District; and (ii) the willful misconduct or negligent acts of District in connection with the performance of this Agreement. b, City shall indemnify, defend and hold harmless District, its elected or appointed officials, employees, agents and arithorized representatives from any and all losses, injurjes, liability, damages, claims, costs and expenses (including attorneys' fees and court costs), arising out of or resulting from (i) any breach of this Agreement by City; and (ii) the willful misconduct or negligent acts of City in connection with the performance of tl'iis Agreement.
9.08. Attorneys' Fees. The prevailing Paity in any action or proceeding to enforce or interpret this Agreement or otherwise arising out of or in connection with the subject matter hereof (including, but not limited to, any suit, arbitration, entry of judgment, post-judgment motion or enforcement, appeal, banlauptcy litigation, attachment or levy) shall be entitled to recover its costs and expenses, including, but not limited to, attomeys', expeits' and consultants' fees and costs.
9.09. Cooperation. City and District shall cooperate with the other and act in good faith in the carrying out of this Agreement, and to the extent necessaiy or appropriate, the Paities shall draft and execute all such proposals, applications, and/or related items and materials necessary to effectuate the terms of this Agreement
9.10. 7. Captions to sectionsof this Agreement arefor conveniencepurposesonly and are not part of this Agreement.
9.11. d. If anypoition of this Agreement is declaredby a couit of competent jurisdiction to be invalid or unenforceable, sucl'i portion shall be deemed severed from this Agreement and the remaining paits shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement.
9.12. Entire Agreement. This Agreement contains the entire agreement between the Paities with respect to the matters contained herein and may be amended only by subsequent written ***Agreement continuesandsignatures appear onfollowing page*** 5 1651371-2
agreement signed by tlie Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and the year first written above.
CITY OF HUGHSON
BY
Merry Mayhew, City Manager
HUGHSON UNIFIED SCHOOL DISTRICT
Approved as to form: Approved as to fotm:
BY
Dan Sc&oeder, City Attorney
Byy
6 1651371-2
Meeting Date: January 23, 2023
Subject: Approval to Adopt Resolution No. 2023-07, Declaring the Results of a Special Election for the City of Hughson Public Safety and Maintenance Services Community Facilities
District (CFD) and Resolution No. 2023-08, A Resolution of Formation of a Community Facilities District (CFD), and to Levy a Special Tax Therein
Enclosures: City of Hughson Public Safety and Maintenance Services Community Facilities District Boundary Map
Hughson Citywide Community Facilities District Formation Report
Presented By: Carla C. Jauregui, Community Development Director Approved By: _________________________
City Manager
Staff Recommendations:
1. Adopt Resolution No. 2023-07, declaring the results of a Special Election for the City of Hughson Public Safety and Maintenance Services Community Facilities District.
2. Adopt Resolution No. 2023-08, Resolution of formation of the City of Hughson Communities Facilities District and to levy a special tax therein for the City of Hughson Public Safety and Maintenance Services Community Facilities District.
Background and Overview:
The City Council will conduct a Public Hearing to gather any relevant testimony regarding the formation of the City of Hughson Public Safety and Maintenance Services Community Facilities District. The returned ballots will be tabulated, and the City Council can then consider the adoption of Resolutions Determining the Election Results and Formation of the subject Community Facilities District. If adopted, the Council will then direct the Hughson City Clerk to record the Notice of Special Tax Lien with the Stanislaus County Clerk-Recorder.
The City of Hughson Public Safety and Maintenance Services Community Facilities District has been proposed for the purpose of levying a special tax, paid by the CITY COUNCIL AGENDA ITEM NO. 5.1
SECTION 5: PUBLIC HEARING
homeowners in new developments, to help offset the City’s costs of providing longterm maintenance for certain improvements. The following steps have already been completed, in accordance with the CFD Code.
1. A Petition to form a CFD was signed and submitted by the property owner on August 30, 2022.
2. The Boundary Map for the District was recorded at the County ClerkRecorder’s Office on January 5, 2023.
3. Notice of tonight’s Public Hearing was published in the Hughson Chronicle.
On December 12, 2022, the Hughson City Council took the following actions:
1. Adopted a Resolution of Intention to Establish the City of Hughson Public Safety and Maintenance Services Community Facilities District, (the “CFD”);
2. Adopted a Resolution Calling a Special Election for the CFD;
3. Set a Public Hearing date for January 23, 2023;
4. Directed the Recording of the District Boundary Map; and
5. Directed the publication of the Notice of Public Hearing per noticing requirements. That Notice was published in the Hughson Chronicle.
Discussion:
The proposed CFD will provide funding for the following:
• Street maintenance and repairs, including curbs, gutters, sidewalks, and ramps
• Parks
• Streetlights, including maintenance and electrical/utility costs • Storm drain facilities, including manhole covers, catch basins, pipes, drains, and treatment of stormwater run-off
• Landscape maintenance
• Police services
Fiscal Impact :
There is no negative fiscal impact associated with this action. The proposed maximum annual special tax rate for Fiscal Year 2023-24 is $974.06 per unit and is designed to pay for the cost of the improvements and services provided.
CITY COUNCIL
CITY OF HUGHSON
RESOLUTION NO. 2023-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON
DECLARING THE RESULTS OF A SPECIAL ELECTION FOR THE CITY OF
HUGHSON PUBLIC SAFETY AND MAINTENANCE SERVICES COMMUNITY
FACILITIES DISTRICT
WHEREAS, on January 23, 2023, the City Council of the City of Hughson (the “City Council”) adopted Resolution No. 2023-08 "Resolution of Formation of the City of Hughson Public Safety and Maintenance Services Community Facilities District (the “CFD”) and to Levy a Special Tax Therein” (the "Resolution of Formation"), ordering the formation of the CFD, authorizing the levy and collection of a special tax on property within the CFD, pursuant to the Mello-Roos Community Facilities Act of 1982, amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and
WHEREAS, under the provisions of the Resolution of Formation previously adopted by the City Council, the propositions of the levy of a special tax were submitted to the qualified electors of the CFD as required by provisions of the Act; and WHEREAS, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election (the “Canvass”), a copy of which is attached as Exhibit A; and
WHEREAS, the City Council has reviewed the canvass, finds it appropriate, and wishes to complete its proceedings for the CFD;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby declare, determine, and order as follows:
SECTION 1. Recitals.
The foregoing recitals are all true and correct.
SECTION 2. Issues Presented.
The issues presented at the special election were the levy and collection of a special tax within the CFD, pursuant to the Resolution of Formation.
SECTION 3. Canvass and Issues Approved.
The hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass, the issues presented at the special election were approved by the qualified electors of the CFD by more than two-thirds of the votes cast at the special election.
SECTION 4. Proceedings Approved.
Pursuant to the voter approval, the CFD is hereby declared to be fully formed with the authority to levy the special tax, as provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by the City Council with respect to the CFD were valid and in conformity with the Act.
SECTION 5. Notice of Special Tax Lien.
The City Clerk is hereby directed to complete, execute and cause to be recorded in the Office of the County Recorder of the County of Stanislaus. A notice of special tax lien in the form required by the Act, such recording to occur no later than 15 days following the adoption of this resolution by the City Council.
PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 23rd day of January, 2023 by the following roll call vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
_______________________
GEORGE CARR, Mayor
ATTEST
_______________________
ASHTON GOSE, City Clerk
EXHIBIT A
CERTIFICATION OF THE CITY CLERK
CANVASS AND STATEMENT OF RESULTS OF THE ELECTION
CITY OF HUGHSON PUBLIC SAFETY AND MAINTENANCE SERVICES COMMUNITY
FACILITIES DISTRICT
I, Ashton Gose, City Clerk of the City of Hughson (the “City”) hereby certify:
I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the City Council in its Resolution Calling for a Special Election in the City of Hughson Public Safety and Maintenance Service Community Facilities District, adopted January 23, 2023, and in accordance with my instructions contained in that resolution, I hereby declare the election closed.
I personally, in the presence of the City Council, members of the public and city staff, counted the returned ballots and certify the results of that count to be as follows:
TOTAL VOTES THAT COULD BE CAST:
TOTAL VOTES CAST “YES”
TOTAL VOTES CAST “NO”
TOTAL VOTES CAST
THE VOTES CAST “YES” EQUAL % OF THE TOTAL VOTES CAST.
I make this Certification on January 23, 2023.
__________________________
ASHTON GOSE, City Clerk
City of Hughson
CITY COUNCIL
CITY OF HUGHSON
RESOLUTION NO. 2023-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON FOR THE
FORMATION OF A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX
THEREIN FOR THE CITY OF HUGHSON PUBLIC SAFETY AND MAINTENANCE
SERVICES COMMUNITY FACILITIES DISTRICT
WHEREAS, on December 12, 2022, the City Council (the “City Council”) adopted Resolution No. 2022-63 “Resolution of Intent to Establish the City of Hughson Public Safety and Maintenance Services Community Facilities District” (“the “CFD”) and to Levy a Special Tax Therein” (the "Resolution of Intention"), pursuant to the Mello-Roos Community Facilities Act of 1982, amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and WHEREAS, the Resolution of Intention incorporates a map of the proposed boundaries of the CFD, states the authorized services (the "Authorized Services") proposed to be provided and the Method of Apportionment of the Special Tax to be levied within the CFD to pay the cost of providing such Authorized Services, and is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and
WHEREAS, the Authorized Services to be provided, as stated in the Resolution of Intention, are set forth in Exhibit A attached hereto and hereby made a part hereof; and WHEREAS, the City Council noticed a public hearing to be held on January 23, 2023, pursuant to the Act and the Resolution of Intention, relating to the proposed formation of the CFD; and
WHEREAS, at the public hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the Authorized Services to be provided therein and the levy of said special tax were heard and a full and fair public hearing was held; and WHEREAS, at the public hearing, evidence was presented to this Council on said matters before it, including a CFD Report (the "Report") as to the Authorized Services to be provided in the CFD and the costs thereof and incidental expenses related thereto, a copy of which is on file with the City Clerk, and the City Council, at the conclusion of said hearing, is fully advised in the premises; and
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of Authorized Services and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent or more of the registered voters residing within the territory of the CFD or property owners of one-half or more of the area of land within the CFD and not exempt from the proposed special tax; and WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed Services to be provided therein has not been eliminated by protest by fifty percent or more of the registered voters residing within the territory of the CFD or the owners of one-half or more of the area of land within the CFD and not exempt from the special tax; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby declare, determine, and order as follows:
SECTION 1. Recitals Correct.
The foregoing recitals are true and correct.
SECTION 2. No Majority Protest.
The proposed special tax to be levied within the CFD has not been precluded by majority protest pursuant to Section 53324 of the Act.
SECTION 3. Name of CFD.
The Community Facilities District, designated as ‘Resolution of Intent to Establish the City of Hughson Public Safety and Maintenance Services Community Facilities District ", is hereby established pursuant to the Act.
SECTION 4. Boundaries of CFD.
The boundaries of the CFD are as set forth in the map of the CFD heretofore recorded in the Stanislaus County Recorder's Office on January 5, 2023, in Volume 6 of Maps of Assessment Districts and Community Facilities Districts at Page 74, Stanislaus County Recorder.
SECTION 5. Description of Services.
The type of Authorized Services proposed to be financed by the CFD, and pursuant to the Act, shall consist of those items listed as the Services in Exhibit A, attached hereto, and by this reference are incorporated herein.
SECTION 6. Special Tax.
(a) Except to the extent that funds are otherwise available to the CFD to pay for the Authorized Services, a special tax (the "Special Tax'') sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
(b) The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are shown in Exhibit B attached hereto and by this reference are incorporated herein.
SECTION 7. Increased Demands.
It is hereby found and determined that the Services are necessary to meet increased demands placed upon local agencies as the result of development occurring within the area of the CFD. The Authorized Services are in addition to those provided in the territory of the CFD before the CFD was created and are additional services which do not supplant services already available within such territory at this time.
SECTION 8. Responsible Official.
The City Council of the City of Hughson designates the firm of Harris & Associates (“Harris”) as the responsible party for preparing an annual roll of special tax levy obligations, by assessor's parcel number, estimating future Special Tax levies, and for establishing procedures to promptly respond to inquiries regarding estimates of future Special Tax levies by property owners or other interested parties.
SECTION 9. Tax Lien.
The Special Tax will be collected and enforced as a separate line item on the regular property tax bill. The City Council however, reserves the right, under Government Code Section 53340, to utilize any method of collecting the Special Tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.
SECTION 10. Election.
Pursuant to the provisions of the Act, and the proposition of the levy of the Special Tax, there shall be submitted to the qualified electors of the CFD at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. The qualified electors for the election to be held in these proceedings shall be the landowners owning land within the District. The City Council will conduct the election by mailed ballot and hereby designates the City Clerk as the official to conduct the mailed-ballot election.
SECTION 11. Prior Proceedings Valid.
The City Council now finds and determines that all proceedings up to and including the adoption of this Resolution were and are valid and in conformity with the requirements of the Act. This determination and finding is final and conclusive in accordance with Government Code Section 53325.1.
SECTION 12. Effectiveness.
This Resolution shall take effect from and after its adoption.
PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 23rd day of January, 2023 by the following roll call vote:
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»
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AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
GEORGE CARR, Mayor
ATTEST:
________________________
ASHTON GOSE, City Clerk
EXHIBIT A
CITY OF HUGHSON PUBLIC SAFETY AND MAINTENANCE SERVICES COMMUNITY
FACILITIES DISTRICT
RATE AND METHOD OF APPORTIONMENT
A Special Tax applicable to each Assessor Parcel in the City of Hughson Community Facilities District, Province Place 2017 shall be levied and collected according to the tax liability determined by the City of Hughson or its designee, through the application of this rate and method of apportionment of Special Tax. All of the property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD unless otherwise provided for the annexed property.
SECTION A – DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor Parcel as shown on the County records, such as an Assessor’s Parcel map, secured roll data, geographic information systems (“GIS”), or if the land area is not shown on an Assessor Parcel map, the land area shown on the applicable final subdivision map, condominium plan, record of survey or other recorded document creating or describing the parcel, or other parcel map recorded at the County Recorder’s Office. If the preceding maps for the land area are not available, the acreage of such land area may be determined utilizing available spatial data and GIS. The square footage of an Assessor’s Parcel is equal to the acreage multiplied by 43,560 (square feet in one acre).
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, (commencing with Section 53311), Division 2 of Title 5 of the California Government Code.
“Administrative Expenses” means the actual or estimated reasonable costs incurred by the City acting for or on behalf of the CFD as administrator thereof to determine, levy and collect the Special Taxes in responding to public inquiries regarding the Special Taxes, including salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto; the fees of consultants and legal counsel providing services to the administration of the CFD, any amounts estimated or advanced by the City or CFD for any administrative purpose, and any other costs required to administer the CFD as determined by the City.
“Assessor’s Parcel” means a lot or parcel with an assigned County Assessor's Parcel number, as show on a County Assessor's Parcel Map.
“Assessor’s Parcel Map” means an official map of the Assessor of the County of Stanislaus, designating parcels by Assessor's Parcel number. “Annual Special Tax Escalation” means an allowable annual increase in the Maximum Special Tax following the Base Year, in an amount not to exceed the annual increase CPI for the month of February. See detailed description of CPI below, under “Consumer Price Index for All Urban Consumers”
“Authorized Services” means those authorized maintenance activities or services and expenses that may be funded by the CFD, pursuant to the Act, as amended, including, without limitation, those services authorized to be funded by the CFD, as set forth in the documents adopted by the City Council at the time the CFD was formed. “Base Year” means Fiscal Year 2023/2024.
“Capital Replacement Reserve Fund” means a fund that shall be maintained for the CFD for each fiscal year, to provide for the accumulation and holding of funds for long-term capital projects, asset replacement, or other large anticipated expenditures. “CFD” City of Hughson Public Safety and Maintenance Services Community Facilities District.
“CFD Administrator” shall mean the person or firm designated by the City to administer the Special Tax according to the Rate and Method of Apportionment. “City” means the City of Hughson.
“City Council” means the City Council of the City of Hughson, acting as the legislative body of the CFD.
“Condominium Property” means any Developed Property for which a building permit was issued for construction of a residential structure consisting of two or more Units that share common walls and are offered for sale to the general public, including such structures that meet the statutory definition of a condominium contained in Civil Code Section 1351. “Consumer Price Index for All Urban Consumers or “CPI” means the applicable CPI as set forth by the United States Department of Labor, Bureau of Labor Statistics for February of the preceding fiscal year. In the event that this rate is no longer published or provided, the CFD administrator shall choose a comparable rate to use in its place. “County” means Stanislaus County.
“Developed Property” means, in any fiscal year, all parcels of Taxable Property in the CFD for which a building permit for new construction was issued by June 30 of the preceding fiscal year.
“Exempt Property” means all parcels that are exempt from the Special Tax, pursuant to Law or Section E herein.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section D below that can be levied on Taxable Property in any fiscal year. “Multi-Family Residential Property” means any parcel of Developed Property for which a building permit was issued for construction of a residential structure with two or more units that are offered for rent to the general public, and that share common walls, including but not limited to, apartments, and residential property that is not for sale to an end user and is under common management.
“Non-Residential Property” means any parcel of taxable Developed Property within the CFD that is not a Multi-Family Residential Property, Single Family Residential Property or Condominium Property.
“Operating Reserve Fund” means a fund that shall be maintained for the CFD for each fiscal year, to provide necessary cash flow for the first six months of each fiscal year, working capital to cover monitoring, maintenance and repair cost over-runs and delinquencies in the payment of Special Taxes, and a reasonable buffer to prevent large variations in annual Special Tax levies.
“Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levied in any fiscal year to the Maximum Special Tax authorized to be levied in that fiscal year is equal for all Assessor Parcels of Developed Property. “Public Property” means any property within the CFD owned by the United States of America, the State of California, the County, the City, or other public agencies. “Rate and Method” means the rate and method of apportionment of Special Tax as described herein.
“Services” means the services authorized to be financed, in whole or in part, by the Special Taxes levied in the CFD.
“Single Family Residential Property” means any Developed Property for which a building permit was issued for construction of a Unit without a common wall with another Unit.
“Special Tax” means any tax levied in the CFD to fund the Special Tax Requirement, pursuant to this Rate and Method of Apportionment.
“Special Tax Requirement” means the amount of revenue needed in any fiscal year to pay for the following: (i) Authorized Services, (ii) administrative expenses, (iii) establish or replenish the Operating Reserve Fund, (iv) establish or replenish the Capital Replacement Reserve Fund, (v) amount needed to cure any delinquencies in the payment of Special Taxes.
“Taxable Property” means any Assessor Parcel within the CFD which is not exempt from the Special Tax pursuant to applicable law or Section F below. “Undeveloped Property” means, in any fiscal year, all parcels of Taxable Property in the CFD for which a building permit for new construction was not issued by June 1 of the preceding fiscal year.
“Unit” means an individual single-family detached unit, or an individual attached residential unit within a duplex, triplex, four-plex, townhome, condominium, or apartment structure.
SECTION B – DATA COLLECTION FOR ANNUAL TAX LEVY
On or about July 1 of each fiscal year, the Administrator shall identify the current Assessor Parcel numbers of all Taxable Property. The Administrator shall also determine: (i) whether each Assessor Parcel is Developed Property; (ii) for Developed Property, which Assessor Parcels are Single Family Residential Property, Multi-Family Residential Property, Condominium Property or Non-Residential Property, and (iii) the Special Tax Requirement.
SECTION C – MAXIMUM SPECIAL TAX
1. Special Tax Rates
Table 1 below identifies the Base Year Special Tax rates for all Taxable Property within the CFD.
TABLE 1
MAXIMUM SPECIAL TAXES FISCAL YEAR 2023/2024
Taxable Property Type
Maximum Special Tax
Fiscal Year 2023/2024
Single Family Residential $974.06 per Unit (1.00 EU)
2. Special Tax Increases
The Maximum Special Tax Rate established in the Base Year shall be adjusted annually by the Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers (“CPI”), for the month of February, for the San Francisco/Oakland/San Jose area.
SECTION D – METHOD OF APPORTIONMENT OF SPECIAL TAX LEVY Commencing with Fiscal Year 2023/2024 and for each subsequent fiscal year, the CFD Administrator shall levy the special tax at the rates established in Section C, on all Taxable Property in the CFD until the total amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each fiscal year as follows:
1. The Special Tax shall be levied on each Assessor’s Parcel of Developed Property within the CFD up to one hundred percent (100%) of the Applicable Maximum Special Tax.
2. If additional monies are needed to satisfy the Special Tax Requirement, after Developed Property has been levied at 100% of their Maximum Special Tax, the remaining amount needed to satisfy the Special Tax Requirement shall be levied proportionately on each Assessor’s Parcel of Undeveloped Property, at up to 100% of the Maximum Special tax on Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Residential Property be increased because of delinquency or default by the owner of any other Assessor’s Parcel within the CFD, by more than 10% above what such Special Tax would have been in the absence of delinquencies.
SECTION E – COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the CFD may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, specifically through a direct billing.
A Special Tax shall continue to be levied and collected within the CFD to fund the annual Special Tax Requirement in perpetuity, so long as the Authorized Services are being provided
SECTION F – EXEMPTIONS
Notwithstanding any other provision of this Rate and Method, no Special Tax shall be levied on Public Property, except as otherwise provided in the Act.
SECTION G – PREPAYMENT OF SPECIAL TAX:
The Special Tax may not be prepaid and shall continue to be levied in accordance with Section D of this Rate and Method of Apportionment on an annual basis on all taxable property in the CFD for the purpose of funding ongoing Authorized Services.
SECTION H – INTERPRETATIONS
The CFD Administrator may make interpretations. If necessary, interpretations may be made by the City Council, by Ordinance or Resolution, for purposes of clarifying any vagueness or ambiguity as it relates to this Rate and Method of Apportionment.
SECTION I – REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the property owners of the Assessor’s Parcels in the CFD, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Services for which the Special Tax was levied. The obligation to provide the Authorized Services previously funded by the repealed Special Tax shall become the joint obligation of the property owners of Assessor’s Parcels within the CFD.
SECTION J – APPEALS
The CFD Administrator may establish such procedures, as it deems necessary, to undertake the review of any appeal. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any property owner appeals, as herein specified.
Any property owner who feels that the amount of the Special Tax levied on the Assessor’s Parcel is in error, shall first consult with the CFD Administrator regarding such error. If, following such consultation the CFD Administrator determines that an error has occurred, the CFD Administrator, in consultation with the City Community Services Director, shall take any of the following actions to correct the error:
• Amend the Special Tax levied on the property owner’s Assessor’s Parcel(s) for the current fiscal year,
• Require the CFD to reimburse the property owner for the amount of any overpayment for the current fiscal year, to the extent of available CFD funds, or • Grant a credit against, eliminate or reduce the future Special Tax(s) on the property owner’s Assessor’s Parcel(s) for overpayment of the current fiscal year.
If, following such consultation and action (if any by the CFD Administrator), the property owner believes an error still exists, the property owner may file a written protest with the City Community Development Director appealing the amount of the Special Tax levied on such Assessor’s Parcel(s). If, following such consultation and action (if any with the City Community Development Director), the property owner believes an error still exists, the property owner may file a written protest with the City Council appealing the amount of the Special Tax levied on such Assessor’s Parcel(s). If the City Community Development Director, City Council or its designee determines an error exists, the CFD Administrator shall take any action(s) as described above in order to correct the error. The decision of the City Council shall be final and binding to all persons filing a written protest.
E HATCH RD
S SANTA FE AVE
APN
018-017-002
APN
018-017-014
APN
018-017-010
PROPOSED BOUNDARY MAP
City of Hughson
Community Facilities District
Public Safety and Maintenance Services
County of Stanislaus, California
Sheet __1__ of __1__
PROPOSED BOUNDARY OF
CITY OF HUGHSON
PUBLIC SAFETY AND MAINTENANCE SERVICES
COMMUNITY FACILITIES DISTRICT
COUNTY OF STANISLAUS, STATE OF CALIFORNIA
S SANTA FE AVE
E HATCH RD
E WHITMORE AVE
M
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TA
NI V EI W
R
D
GEER
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D
E SERVICE RD
VICINITY MAP
LOCATION
REFERENCE THE STANISLAUS COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS
CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF HUGHSON THIS ______ DAY OF ______________ 2022. _____________________________________________
CITY CLERK OF THE CITY OF HUGHSON
CLERK'S MAP STATEMENT
I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED COMMUNITY FACILITIES DISTRICT,
PUBLIC SAFETY AND MAINTENANCE SERVICES, CITY OF HUGHSON, COUNTY OF STANISLAUS, STATE OF CALIFORNIA,
WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HUGHSON AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 2022. BY ITS RESOLUTION NO. _____________. _____________________________________________
CITY CLERK OF THE CITY OF HUGHSON
COUNTY RECORDER'S FILING STATEMENT
FILED THIS ______ DAY OF ________________ 2022. AT THE HOUR OF ___________ O'CLOCK ____.M. IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA.
DONNA LINDER
BY: ___________________________________________________ DEPUTY
FILE: ___________________________________________________
CLERK RECORDER OF THE COUNTY OF STANISLAUS, CALIFORNIA
1 " = 200 '
³ HARRIS & ASSOCIATES
1401 WILLOW PASS RD, SUITE 500
CONCORD, CALIFORNIA 94520
800-827-4901
Legend
Tax Zone1 Boundary
Parcel Boundary
City Boundary & CFD Future Annexation Area
CITY OF HUGHSON
CITYWIDE PUBLIC SAFETY AND
MAINTENANCE SERVICES COMMUNITY
FACILITIES DISTRICT FORMATION REPORT
FISCAL YEAR 2023-24
December 12, 2022
Prepared by
Harris & Associates
22 Executive Park, Suite 200
Irvine, CA 92614
(949) 655-3900
www.weareharris.com
TABLE OF CONTENTS
INTRODUCTION .............................................................................................. 1 DESCRIPTION OF SERVICES TO BE FUNDED BY THE CFD .................................. 2 PROPOSED BOUNDARIES OF THE CFD ............................................................ 2 COSTS OF SERVICES TO BE MAINTAINED BY THE CFD ..................................... 3 TAX ZONE 1 – PARKWOOD COST ESTIMATE ................................................... 3 DESCRIPTION OF BUDGET ITEMS .................................................................... 7 RATE AND METHOD OF APPORTIONMENT ..................................................... 9 APPENDIX A – DISTRICT BOUNDARY MAP
APPENDIX B – SPECIAL TAX ROLL
APPENDIX C – PETITION TO FORM CFD
Hughson Citywide Public Safety and Maintenance Services CFD Page | 1
INTRODUCTION
The City Council (the “Council”) of the City of Hughson (the “City”) did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), on December 12, 2022, adopt a resolution entitled “Resolution of the City of Hughson City Council, Intent to Establish the City of Hughson Citywide Public Safety and Maintenance Services Community Facilities District (the “Resolution of Intention”). In the Resolution of Intention, the Council expressly ordered the preparation of a written report (the “Report”), for the proposed "City of Hughson Citywide Public Safety and Maintenance Services Community Facilities District" (the “CFD”).
The Resolution of Intention ordered the Report and directed that the Report generally contain the following:
(a) A description of the services (the “Services”), by type, which will be required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Services, including incidental expenses in connection therewith, and all other related costs. (c) A Rate and Method of Apportionment of the special tax. (d) A boundary map of the proposed district.
For additional particulars, reference is made to the Resolution of Intention for the CFD, as previously approved and adopted by the Council.
Hughson Citywide Public Safety and Maintenance Services CFD Page | 2
DESCRIPTION OF SERVICES TO BE FUNDED BY THE CFD
The Services shown below ("Services" shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982) are proposed to be funded by the CFD, including all related administrative costs, expenses and related reserves for proper and continued maintenance of:
• Police services.
• Street maintenance and repairs including curbs, gutters, sidewalks and ramps, • Parks and park amenities,
• Streetlights – maintenance and electrical/utility costs, • Storm Drain facilities including catch basins, detention basins, pipes, drains, etc., • Landscaping, including utilities for irrigation systems, The Special Taxes may be collected and set-aside in designated funds, collected over several years, that may be used by the City to fund future repairs and/or replacement of the facilities/improvements described above, as determined by the City.
PROPOSED BOUNDARIES OF THE CFD
The boundary of the CFD is proposed to be the boundaries of the City of Hughson, with the Parkwood subdivision being Tax Zone 1. Parkwood is located south of Hatch Road and east of Santa Fe Avenue (southeast corner). The project, when developed, is proposed to consist of 299 single-family residential parcels. Please refer to Appendix A of this Report for a copy of the District Boundary Map.
Properties within the CFD’s future annexation area shall be annexed into the CFD as new development occurs, unless exempted by law or by the provisions set forth in the Method of Apportionment. The CFD’s future annexation area shall be defined as the boundaries of the City.
Hughson Citywide Public Safety and Maintenance Services CFD Page | 3
COSTS OF SERVICES TO BE MAINTAINED BY THE CFD
The estimated costs of providing the Services to the parcels within the CFD are shown on the following pages. The Maximum Special Tax, as shown in Appendix B of this Report, shall be adjusted annually by the Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers (“CPI”), for the month of February, for the San Francisco/Oakland/San Jose area, plus 3%. This adjustment is the same applied to other districts in the City. Should the Bureau of Labor Statistics revise or discontinue the preparation of such index, the City reserves the right to use such revised index or a comparable system to determine fluctuations in the annual cost of living.
Tax Zone 1 – Parkwood Cost Estimate
The cost estimates, maintenance costs, administrative costs and capital replacement costs for Tax Zone 1 of the CFD are shown on the following pages.
Item Annual Costs
Maintenance
Landscape Maintenance $77,301.25
Street Lighting Maintenance 16,872.00
Street Maintenance 3,560.28
Total Maintenance Cost $97,733.53
Police Services $140,730.33
Administrative Cost $8,575.36
Reserves
Operating Reserve (10% of Total Maintenance Cost) $9,773.35 Capital Replacement Reserve 41,535.61
Total Reserves $51,308.96
Total Maintenance, Service, Administrative and Reserve Costs $298,348.18 Total Maximum Special Tax Amount - Fiscal Year 2023/24 $298,348.18 Tax Zone 1 - Parkwood
Fiscal Year 2023/24 Cost Estimate Summary
Hughson Citywide Public Safety and Maintenance Services CFD Page | 4 Item Unit Quantity Cost/Unit Cost/Year
Maintenance & Service Items
Police Services EA 299 $470.67 $140,730.33
Detention Basin/Park (Lot B) 1
SF 139,499 $0.15 $20,924.85
Park (Lot C) 1
SF 57,861 $0.25 $14,465.25
Park (Lot D) 1
SF 15,214 $0.25 $3,803.50
Street Landscaping SF 66,920 $0.25 $16,730.00
Utilities (landscape water) SF 286,189 $0.06 $16,425.00 Storm Drain System - Catch Basins EA 2 $1,050.00 $2,100.00 Street Trees EA 462 $5.00 $2,310.00
Wood Fencing (6') LF 229 $0.25 $57.25
Sound Wall - Painting & Graffiti Abatement SF 3,236 $0.15 $485.40 Total Maintenance & Service Costs $218,031.58
Street Lighting Maintenance & Utilities
Throughout Interior of Tract EA 33 $37.00 $14,652.00
Exterior of Tract (On Santa Fe Ave.) EA 5 $37.00 $2,220.00 Total Street Lighting Maintenance Cost $16,872.00
Street Maintenance
Throughout Interior of Tract - Street Sweeping Mile 2 $23.00 $1,104.00 Throughout Interior of Tract - Storm Drains (Clean-out as needed) EA 53 $7.50 $2,456.28 Total Public Street Maintenance Cost $3,560.28
Total Maintenance Cost $238,463.86
(1) Includes bbq grills, dog waste stations, trash receptacles, picnic tables, benches, drinking fountain, shade & play structure, wood chip playground surface.
Tax Zone 1 - Parkwood
Fiscal Year 2023/24 Maintenance Costs
Item Cost/Year
Administrative Cost
City Personnel Costs $4,886.68
Annual District Administration 3,600.00
Stanislaus County Collection Charges 88.55
Rounding Adjustment 0.13
Total Administrative Cost $8,575.36
Tax Zone 1 - Parkwood
Fiscal Year 2023/24 Administrative Costs
Hughson Citywide Public Safety and Maintenance Services CFD Page | 5 Item Unit Quantity Cost/Unit Cycle Cost/Year
Landscape Improvements
Irrigation Controller EA 1 $4,050.00 15 $270.00
Booster Pump EA 1 $5,000.00 25 $200.00
Park Amenities
Play Structure EA 1 $50,000.00 25 $2,000.00
Wood Chip Playground Surface SF 2,265 $1.00 5 $453.00
BBQ Grills/Hot Coal Bin EA 2 $1,168.00 10 $233.60
Dog Waste Station EA 3 $678.00 10 $203.40
Trash Receptacles EA 3 $750.00 10 $225.00
Picnic Tables (1 is ADA compliant) EA 4 $1,000.00 25 $160.00 Steel Benches EA 5 $985.00 15 $328.33
Shade Structure EA 1 $15,000.00 10 $1,500.00
Volleyball Net EA 1 $300.00 5 $60.00
Basketball Goal Posts EA 2 $1,520.00 25 $121.60
Miscellaneous Items (1) $1,500.00 1 $1,500.00
Sound Wall (10') LF 1,958 $300.00 50 $234.96
Sound Wall (8') LF 268 $270.00 50 $28.94
Sound Wall (6') LF 1,010 $240.00 50 $96.96
Wood Screen Fencing LF 229 $25.00 10 $572.50
Chain Link Fencing (Black vinyl coated) LF 1,040 $40.00 30 $1,386.67 4' X 16' Chain Link Gate (Black vinyl covered) EA 1 $1,000.00 15 $66.67 3' X 4' Chain Link Gate (Black vinyl covered) EA 1 $500.00 15 $33.33 Total Landscape Improvements Replacement Cost $9,641.63 Street Lighting Improvements
Exterior Street Light Pole EA 5 $5,000.00 15 $333.33
Exterior Street Light LED Power Module EA 5 $150.00 5 $150.00 Exterior Street Light LED Optical Module EA 5 $750.00 20 $187.50 Interior Street Light Pole EA 33 $3,500.00 25 $140.00
Interior Street Light LED Power Module EA 33 $150.00 5 $990.00 Interior Street Light LED Optical Module EA 33 $750.00 20 $1,237.50 Total Street Lighting Improvements Replacement Cost $3,038.33 Public Street and Sidewalk Improvements
Streets - Slurry Seal/Chip Seal/Crack Repair SY 32,759 $5.70 15 $12,448.42 Streets - Overlay SY 32,759 $25.00 50 $16,379.50
Sidewalks - Repair/Replace as neeeded SF 6,852 $7.00 50 $19.19 ADA Sidewalk Ramp - Repair/Replace SF 61 $7.00 50 $8.54 Total Street and Sidewalk Improvements Replacement Cost $28,855.65 Total Annual Replacement Cost $41,535.61
(1) Includes sprinkler heads, rotars, valves, doggie bags, etc.
Tax Zone 1 - Parkwood
Fiscal Year 2023/24 Capital Replacement Reserve
Hughson Citywide Public Safety and Maintenance Services CFD Page | 6 Reserve Fund balance information for the CFD is shown on the following page. Each year, any additions to or reductions from the CFD Reserve Funds (Operating and/or Capital), will be shown in this table and the balances updated annually. As funds are used for maintenance, replacement or repair projects within the CFD, the table will reflect such reductions and narrative will be included in the CFD annual Report to detail the particular project for which Reserve monies were used.
Operating Reserve Fund
Estimated Operating Reserve Fund Beginning Balance - 7/1/2023 $0.00 Operating Reserve Fund Collections/Reductions - Fiscal Year 2023/24 $9,773.35 Estimated Operating Reserve Fund Ending Balance - 6/30/2024 $9,773.35 Estimated Capital Reserve Fund Beginning Balance - 7/1/2023 $0.00 Capital Reserve Fund Collections/Reductions - Fiscal Year 2023/24 $41,535.61 Estimated Capital Reserve Fund Ending Balance - 6/30/2024 $41,535.61 Total Reserve Balance $51,308.96
Tax Zone 1 - Parkwood
Fiscal Year 2023/24 Reserve Fund Information
Maximum Special Tax Amount Tax Zone 1 EDU's Rate Per EDU $298,348.18 299.00 $997.82
Fiscal Year 2023/24 Special Tax Rates Per EDU
Tax Zone 1 - Parkwood
Special Tax Summary
Hughson Citywide Public Safety and Maintenance Services CFD Page | 7
DESCRIPTION OF BUDGET ITEMS
Police Services: Costs associated with providing police services to residents and properties within the District.
Landscape Maintenance: Includes the costs associated with the maintenance of street landscaping improvements, parks maintenance, including utilities, irrigation, trimming, mowing, fertilizing, etc., street trees, sound wall and fence maintenance, including repairs, painting and/or removal of graffiti.
Parks maintenance includes ball fields, playground equipment, basketball court, and volleyball court in Lots C and D.
Storm Drain Facilities include the costs of clearing debris from the storm drain basin/channels and other drainage facilities. Lot B serves as a detention basin as well as a park.
Street Lighting: The costs associated with the ongoing maintenance and repair of the street lighting systems. Such items may include but are not limited to, wiring, bulbs, poles, etc.
Street Maintenance: Includes the costs for regular sweeping, and maintenance and repairs as needed, including services such as slurry seal, chip seal, crack repair or overlays.
Administrative Costs: Costs associated with individual City employees (City Clerk, City Council, City Manager, Finance Director, Finance Staff, City Engineer, etc.) who contribute time to the administration of the District, preparation of meetings, notices, etc., as well as paying bills for District expenses. Also includes costs associated with a financial engineering consultant to provide the formation and annual administration of the District, as well as collection costs for the County of Stanislaus for placement of the annual special taxes onto the tax roll and the generation of annual tax bills related thereto. The County charges $75.00 per Agency, $25.00 per District and $0.20 per parcel. Each of the City’s twenty Districts shares in the $75.00 charge equally. The $0.20 per parcels is added to the assessment amounts after they have been submitted to the County for inclusion on the Tax Roll.
Operating Reserve: This item shows the amount collected for or reduced (used) from the District Operating Reserve Fund. The Operating Reserve will be considered fully funded when it reaches fifty percent (50%) of the annual direct costs. Once fully funded, estimated to be in five years, the Special Tax collections will be reduced by the annual Operating Reserve collection amount shown on the Budget page. Any additional collections for the Operating Reserve will only be to ensure the Operating Reserve remains fully funded.
Hughson Citywide Public Safety and Maintenance Services CFD Page | 8 Capital Replacement Reserve: This item shows the amount collected for or reduced (used) from the District Capital Replacement Fund. This fund allows the District to collect funds for the major repair or replacement of improvements or facilities that cannot be collected during a single fiscal year. This includes such items such as playground equipment and other amenities in the community park, streetlight poles, sound walls, fencing, irrigation controllers and/or pumps, as well as major street repairs.
Citywide Public Safety and Maintenance Services CFD Page | 9
RATE AND METHOD OF APPORTIONMENT
A Special Tax applicable to each Assessor Parcel in the CFD shall be levied and collected according to the tax liability determined by the City of Hughson or its designee, through the application of this rate and method of apportionment of Special Tax. All of the property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD, unless otherwise provided for the annexed property.
The City of Hughson (the “City”) initiated proceedings to establish the Hughson Citywide Public Safety and Maintenance Services Community Facilities District, on November 28, 2022, by Resolution No. 22-XX (herein after referred to as “the District” or “CFD”) for the purpose of funding the ongoing operation, maintenance and servicing of certain improvements, as detailed in this Rate and Method of Apportionment of Special Tax (herein after referred to as the “RMA”).
Properties within the CFD’s future annexation area shall be annexed into the CFD as new development occurs, unless exempted by law or by the provisions set forth in Section E below.
The CFD’s future annexation area shall be defined as the boundaries of the City. A boundary map showing the future annexation area, as well as all Parcels initially proposed to be within the CFD, are included in Exhibit A of this RMA. In compliance with the proceedings governing the formation of the CFD and according to the provisions of the adoption of this RMA, the Special Tax is proposed to be levied on each taxable Parcel within the boundaries of the CFD, except those exempted by law or the express provisions set forth in this RMA.
A. GENERAL DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on County records, such as an Assessor’s Parcel Map or secured roll data, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, condominium plan, record of survey, or other recorded document creating or describing the Parcel. If the preceding maps for a land area are not available, the Acreage of such land area may be determined utilizing available spatial data and Geographic Information Systems (GIS). The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
City of Hughson
Citywide Public Safety and Maintenance Services CFD