City Council Agenda August 12, 2024
1 AMERICANS WITH DISABILITIES ACT/CALIFORNIA BROWN ACT
NOTIFICATION FOR THE CITY OF HUGHSON
This Agenda shall be made available upon request in alternative formats to persons with a disability as required by the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) and the Ralph M. Brown Act (California Government Code Section 54954.2).
Disabled or Special needs Accommodation: In compliance with the Americans with Disabilities Act, persons requesting a disability related modification or accommodation in order to participate in the meeting and/or if you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (209) 883-4054. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring that reasonable accommodations are made to provide accessibility to the meeting.
City of Hughson
CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street Hughson, California MONDAY, AUGUST 12, 2024 – 6:00 P.M.
CALL TO ORDER: Mayor George Carr
ROLL CALL: Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Samuel Rush
Councilmember Julie Ann Strain
Councilmember Alan McFadon
FLAG SALUTE: Mayor George Carr
AGENDA
HUGHSON CITY COUNCIL
How to participate in, or observe the Meeting:
• In person in the City Council Chambers and submit public comment when invited during the meeting. • Observe only via YouTube live, by accessing this link:
https://www.youtube.com/channel/UC-PwkdIrKoMmOJDzBSodu6A?view_as=subscriber If a technical issue arises with any streaming option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. • In addition, recorded City Council meetings are posted on the City’s website the second business day following the meeting. Recorded videos can be accessed with the following link:
Upcoming Meetings | Hughson CA
1 City Council Agenda August 12, 2024
2 INVOCATION: Hughson Ministerial Association
1. PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken):
Please limit presentations to five minutes. If you wish to speak regarding an item on the agenda, you may be asked to defer your remarks until the Council addresses the matter. Pursuant to California Government Code Section 54954.2(a)(3), no action or discussion may be undertaken on any item not appearing on the posted agenda, except that the City Council, or its staff, may briefly respond to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda.
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 audience member, or individual Councilmember for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.
3.1: Approval of the Minutes of the Regular Meeting of July 22, 2024.
3.2: Approval of the Minutes of the Special Meeting of July 24, 2024.
3.3: Approval of the Warrants.
3.4: Approve Designating Mayor George Carr as the Voting Delegate the League of California Cities Annual Conference and Expo on October 16-28, 2024, in Long Beach, California.
4. UNFINISHED BUSINESS: NONE.
5. PUBLIC HEARING: NONE.
6. NEW BUSINESS:
6.1: Consider the Updated Attorney-Client Representation Agreement with Neumiller & Beardslee and Authorize the City Manager to Execute the Agreement.
7. CORRESPONDENCE: NONE.
8. COMMENTS:
A brief report on notable attendance of a meeting, or conference, or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council during this time.
8.1: Staff Reports and Comments:
City Manager
City Clerk
Director of Finance
2 City Council Agenda August 12, 2024
3 Community Development Director
Police Services
City Attorney
8.2: Council Comments:
9. CLOSED SESSION: NONE.
10. ADJOURNMENT:
The next City Council meeting is scheduled for August 26, 2024, at 6:00 pm.
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at Hughson City Hall during normal business hours. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on the agenda.
Notice Regarding Non-English Speakers:
Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Hughson City Council shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.
UPCOMING EVENTS:
August 13 City/Fire 2+2 Committee Meeting, Hughson Fire, 5:30PM August 15 City Hall Selfie Day
August 20 Planning Commission Meeting, City Council Chambers, 6PM Tentative August 26 Economic Development Committee Meeting, Hughson City Hall, 4:30PM August 26 City Council Meeting, City Council Chambers/YouTube Live Stream, 6PM
AFFIDAVIT OF POSTING
Date: August 9, 2024 Time: 5:30PM
Name: Ashton Gose Title: City Clerk
3 Meeting Date: August 12, 2024
Subject: Approval of the City Council Minutes
Presented By: Ashton Gose, City Clerk
Approved By:
____________________________
Dominique Romo, City Manager
______________________________________________________________________ Staff Recommendation:
Approve the Minutes of the regular Meeting of July 22, 2024.
CITY COUNCIL AGENDA ITEM NO. 3.1
SECTION 3: CONSENT CALENDAR
4 City Council Minutes July 22, 2024
1 MINUTES
City of Hughson
CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street
Hughson, California
MONDAY, JULY 22, 2024 – 6:02 P.M.
CALL TO ORDER: Mayor George Carr
ROLL CALL:
Present: Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Samuel Rush
Absent: Councilmember Alan McFadon
Councilmember Julie Ann Strain (arrived at 6:05pm)
Staff Present: Dominique Romo, City Manager
Tom Terpstra, Deputy City Attorney
Ashton Gose, City Clerk
Carla Jauregui, Community Development Director
Kim Weimer, Director of Finance and Admin Services
Jose Vasquez, Public Works Superintendent
Lloyd MacKinnon, Chief of Police
________________________________________________________________
1. PUBLIC BUSINESS FROM THE FLOOR (No Action Taken):
Kathryn Casey introduced a new intern from Mid Valley Publications.
2. PRESENTATIONS:
HUGHSON CITY COUNCIL
5 City Council Minutes July 22, 2024
2 2.1: Proclaim August 6, 2024, as National Night Out in the City of Hughson.
Mayor Carr proclaimed August 6, 2024, as National Night Out in the City of Hughson. No action was taken.
Councilmember Strain arrived at 6:05 PM.
3. CONSENT CALENDAR:
3.1: Approval of the Minutes of the Regular Meeting of July 8, 2024.
3.2: Approval of the Warrants.
3.3: Adoption of Resolution No. 2024-27, Repealing Resolution No. 08-129, and Adopting an Amended Rental Fee Schedule for Lebright Fields.
CARR/CROOKER 4-0-0-1 motion passes to approve the Consent Calendar as presented, with the following roll call vote:
CROOKER RUSH STRAIN McFADON CARR
AYE AYE AYE ABSENT AYE
4. UNFINISHED BUSINESS: NONE.
5. PUBLIC HEARING: NONE.
6. NEW BUSINESS:
6.1: Draft Housing Element 2023-2031 Housing Plan - Informational Discussion.
Perry Banner, DeNovo Consultant, presented the staff report on this item.
No action was taken.
7. CORRESPONDENCE: NONE.
8. COMMENTS:
8.1: Staff Reports and/or Comments:
City Manager Romo informed the Council that she has been having meetings with StanCOG.
Director of Finance attended a SASA Subcommittee meeting. 6 City Council Minutes July 22, 2024
3 Community Development Director Jauregui provided an update regarding several Public Works and Planning Projects.
Chief MacKinnon provided the latest statistical report.
8.2: Council Member/Mayor Comments:
Mayor Pro Tem Crooker attended a West Turlock Subbasin GSA Meeting on July 11, 2024.
Mayor Carr attended a StanRTA Seminar.
Mayor Carr adjourned the meeting into Closed Session at 6:58 PM.
9. CLOSED SESSION TO DISCUSS THE FOLLOWING:
9.1: CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Dominique Romo, City Manager Employee Organization: Operating Engineers Local Union 3 The Council returned from Closed Session at 8:59 PM. All Councilmembers were present for the duration of the session, except for Councilmember McFadon who was absent.
There was no reportable action.
10. ADJOURNMENT:
STRAIN/RUSH 4-0-0-1 motion passes to adjourn the July 22, 2024, regular meeting at 8:59 PM, with the following roll call vote:
CROOKER RUSH STRAIN McFADON CARR
AYE AYE AYE ABSENT AYE
APPROVED:
_____________________
GEORGE CARR, Mayor
ATTEST:
________________________
ASHTON GOSE, City Clerk
7 Meeting Date: August 12, 2024
Subject: Approval of the City Council Minutes
Presented By: Dominique Romo, City Manager
Approved By:
____________________________
Dominique Romo, City Manager
______________________________________________________________________ Staff Recommendation:
Approve the Minutes of the special Meeting of July 24, 2024.
CITY COUNCIL AGENDA ITEM NO. 3.2
SECTION 3: CONSENT CALENDAR
8 City Council Minutes July 24, 2024
1 MINUTES
City of Hughson
SPECIAL CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street
Hughson, California
WEDNESDAY, JULY 24, 2024 – 5:30 P.M.
CALL TO ORDER: Mayor George Carr
ROLL CALL:
Present: Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Julie Ann Strain
Councilmember Samuel Rush
Absent: Councilmember Alan McFadon
Staff Present: Dominique Romo, City Manager
Tom Terpstra, Deputy City Attorney
Carla Jauregui, Community Development Director
Kim Weimer, Director of Finance and Admin Services
________________________________________________________________
1. PUBLIC BUSINESS FROM THE FLOOR (No Action Taken): NONE.
2. CLOSED SESSION TO DISCUSS THE FOLLOWING:
2.1: CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Dominique Romo, City Manager Employee Organization: Operating Engineers Local Union 3
HUGHSON CITY COUNCIL
9 City Council Minutes July 24, 2024
2 The Council returned from Closed Session at 6:54 PM. All council members were present for the duration of the session, except for Councilmember McFadon who was absent.
No reportable action was taken.
3. ADJOURNMENT:
CARR/CROOKER 4-0-0-1 motion passes to adjourn the July 24, 2024, special meeting at 6:54 PM, with the following roll call vote:
CROOKER RUSH STRAIN McFADON CARR
AYE AYE AYE ABSENT AYE
APPROVED:
_____________________
GEORGE CARR, Mayor
ATTEST:
________________________
ASHTON GOSE, City Clerk
10 Meeting Date: August 12, 2024
Subject: Approval of Warrants Register
Presented By: Kim Weimer, Director of Finance
Approved By: _________________________
Staff Recommendation:
Approve the Warrants Register as presented.
Background and Overview:
The warrants register presented to the City Council is a listing of all expenditures paid from July 16, 2024, through August 7, 2024.
Fiscal Impact:
There are reductions in various funds for payment of expenses.
CITY COUNCIL AGENDA ITEM NO. 3.3
SECTION 3: CONSENT CALENDAR
11 8/7/2024 12:53:22 PM Page 1 of 7
Check Report
Hughson By Check Number
Date Range: 07/16/2024 - 08/07/2024
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
00069 ANDREWS ELECTRIC 07/17/2024 Regular 0.00 800.23 58330 85164 Invoice 06/30/2024 irrigation booster motor euclid 0.00 800.23 00109 BADGER METER, INC 07/17/2024 Regular 0.00 2,342.60 58331 80161968 Invoice 06/28/2024 badger meter service for June 0.00 2,342.60 00123 BAY ALARM CO 07/17/2024 Regular 0.00 8,691.08 58332 21223375 Invoice 02/02/2024 Permit Charges 0.00 289.58
21230880 Invoice 02/23/2024 INSTALLATION CHARGE/EQUIPMENT SALE 0.00 7,682.52 21230914 Invoice 02/23/2024 MONITORING FEE-FIRE 2/7/24-3/31/24 0.00 268.98 21440114 Invoice 06/01/2024 MONITORING OF ALARMS 0.00 450.00 00234 CAROLLO ENGINEERS 07/17/2024 Regular 0.00 14,947.50 58333 FB53344 Invoice 06/30/2024 Services Rendered Through 06/30/24 0.00 14,947.50 00237 CARR, GEORGE 07/17/2024 Regular 0.00 1,278.68 58334 INV0011653 Invoice 06/30/2024 Reimbursement for Mayor's Conference 0.00 1,278.68 00332 CONDOR EARTH TECHNOLOGIES 07/17/2024 Regular 0.00 10,431.50 58335 90637 Invoice 04/30/2024 Ground sampling/ Services (Blanket) 0.00 7,652.32 90766 Invoice 05/31/2024 Ground sampling/ Services (Blanket) 0.00 2,779.18 01570 CSG Consultants 07/17/2024 Regular 0.00 2,742.38 58336 B241141 Invoice 06/30/2024 Building Plan Review Services 0.00 2,742.38 01985 DRYCO Construction, Inc. 07/17/2024 Regular 0.00 383,148.29 58337 1 Invoice 06/30/2024 2023 Surface Improvements 0.00 383,148.29 00464 EZ NETWORK SYSTEMS, INC. 07/17/2024 Regular 0.00 1,272.59 58338 44275 Invoice 05/01/2024 IT SERVICES 0.00 1,272.59
00522 GEOANALYTICAL LABORATORIE 07/17/2024 Regular 0.00 439.00 58339 K4F1123 Invoice 06/30/2024 WW geo blanket PO 0.00 148.00 K4F2518 Invoice 06/30/2024 geoanalytical DW blanket 0.00 291.00 00527 GIBBS MAINTENANCE CO 07/17/2024 Regular 0.00 875.00 58340 15123 Invoice 06/30/2024 JANITOR SERVICES 0.00 875.00
00528 GILTON SOLID WASTE MANAGE 07/17/2024 Regular 0.00 1,895.07 58341 HUGHSS-095 Invoice 06/30/2024 STREET SWEEPING - JUNE 0.00 1,895.07 00614 HUGHSON FARM SUPPLY 07/17/2024 Regular 0.00 840.68 58342 CM0000226 Credit Memo 06/11/2024 RETURN 0.00 -33.70
CM0000227 Credit Memo 06/05/2024 RETURN 0.00 -10.33
H494584 Invoice 06/12/2024 hughson farm blanket 0.00 28.02 H494718 Invoice 06/05/2024 Water Supplies (Blanket) 0.00 10.33 H494845 Invoice 06/05/2024 Water Supplies (Blanket) 0.00 32.35 H494893 Invoice 06/06/2024 Water Supplies (Blanket) 0.00 32.33 H494939 Invoice 06/12/2024 hughson farm blanket 0.00 81.08 H495196 Invoice 06/10/2024 Water Supplies (Blanket) 0.00 4.03 H495252 Invoice 06/12/2024 hughson farm blanket 0.00 57.47 H495528 Invoice 06/12/2024 Water Supplies (Blanket) 0.00 26.10 H495661 Invoice 06/13/2024 hughson farm blanket 0.00 11.29 H495915 Invoice 06/17/2024 Water Supplies (Blanket) 0.00 87.09 H495935 Invoice 06/17/2024 hughson farm blanket 0.00 7.54 H496880 Invoice 06/26/2024 hughson farm blanket 0.00 83.60 12 Check Report Date Range: 07/16/2024 - 08/07/2024
8/7/2024 12:53:22 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 H497088 Invoice 06/28/2024 sprayer /tools 0.00 423.48
00627 HUGHSON NAPA AUTO & TRUCK 07/17/2024 Regular 0.00 627.23 58343 385491 Invoice 06/15/2024 blanket PO Napa 0.00 58.50
385664 Invoice 06/15/2024 blanket PO Napa 0.00 11.86
386024 Invoice 06/11/2024 fleet maintenance (blanket PO) 0.00 4.63 386067 Invoice 06/12/2024 fleet maintenance (blanket PO) 0.00 6.47 386134 Invoice 06/13/2024 fleet maintenance (blanket PO) 0.00 49.43 386152 Invoice 06/13/2024 blanket PO Napa 0.00 42.05
387148 Invoice 06/28/2024 fleet maintenance (blanket PO) 0.00 454.29 00659 J.B. Anderson Land Use Planning 07/17/2024 Regular 0.00 3,869.13 58344 070124HUGH Invoice 06/30/2024 General Planning Services 0.00 3,869.13 01596 JHC LLC 07/17/2024 Regular 0.00 417.00 58345
24-0060-H-OWR Invoice 06/30/2024 Assistance with SB1383 and compliance 0.00 417.00 00611 Mid Valley Publications 07/17/2024 Regular 0.00 336.70 58346 344218 Invoice 06/28/2024 Legal #14394 0.00 168.35
344219 Invoice 06/28/2024 Legal # 14394 0.00 168.35
01884 PACIFIC STORAGE COMPANY 07/17/2024 Regular 0.00 69.66 58347 2219443 Invoice 06/30/2024 RECORDS STORAGE - JUNE 0.00 69.66 01864 Parkson Corporation 07/17/2024 Regular 0.00 39,384.75 58348 AR1/51039009 Invoice 12/20/2023 WASTE WATER AUGER 0.00 7,520.27 AR1/51039111 Invoice 12/29/2023 WASTE WATER AUGER 0.00 599.85 AR1/51040131 Invoice 04/30/2024 WASTE WATER AUGER 0.00 28,552.29 AR1-51039222 Invoice 01/22/2024 WASTE WATER AUGER 0.00 2,712.34 00901 PREFERRED ALLIANCE, INC. 07/17/2024 Regular 0.00 136.84 58349 0196980-IN Invoice 06/30/2024 OFF-SITE PARTICIPANT 0.00 136.84 01943 Quality Service, Inc. 07/17/2024 Regular 0.00 32,324.03 58350 35273 Invoice 06/24/2024 Water and Wastewater System Operations 0.00 32,324.03 01000 SEEGER'S 07/17/2024 Regular 0.00 884.58 58351
0143489-IN Invoice 04/25/2024 Violation Notice 0.00 884.58 00005 United Site Services of California, Inc. 07/17/2024 Regular 0.00 161.56 58352 114-13867074 Invoice 05/31/2024 Fence Rental 0.00 80.78 114-13884783 Invoice 06/30/2024 Fence Rental 0.00 80.78 01226 WILLE ELECTRIC 07/17/2024 Regular 0.00 543.99 58353 S2203721.001 Invoice 06/28/2024 parts for well 8/WWTP 0.00 543.99 01420 CALIFORNIA STATE DISBURSEMENT UNIT 07/18/2024 Regular 0.00 40.12 58354 INV0011642 Invoice 07/17/2024 INCOME WITHHOLDING FOR CHILD SUPP… 0.00 40.12 01115 THE HOME DEPOT CRC 07/19/2024 Regular 0.00 1,829.71 58355 1543766 Invoice 06/30/2024 water supplies 0.00 526.95
5012384. Invoice 06/20/2024 small tools 0.00 450.91
5533882 Invoice 06/10/2024 Tools/supplies (Blanket) 0.00 166.97 6012384 Invoice 06/19/2024 parts and supplies (blanket PO) 0.00 150.30 8021690 Invoice 06/30/2024 well 8 supplies 0.00 51.30
WG64134569 Invoice 06/10/2024 Tools/supplies (Blanket) 0.00 303.60 WG64134569. Invoice 06/12/2024 water tools 0.00 179.68
00310 CLARK'S PEST CONTROL 07/24/2024 Regular 0.00 420.00 58356 35714724 Invoice 06/18/2024 Pest-Away Service 0.00 420.00 00332 CONDOR EARTH TECHNOLOGIES 07/24/2024 Regular 0.00 1,334.58 58357 90887 Invoice 06/30/2024 Professional Services 5/26/24 - 6/30/24 0.00 1,334.58 01570 CSG Consultants 07/24/2024 Regular 0.00 4,306.50 58358 13 Check Report Date Range: 07/16/2024 - 08/07/2024
8/7/2024 12:53:22 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 56384 Invoice 05/13/2024 Professional Services 3/30/24 - 4/26/24 0.00 4,306.50 00522 GEOANALYTICAL LABORATORIE 07/24/2024 Regular 0.00 317.00 58359 K4F2516 Invoice 06/28/2024 geoanalytical DW blanket 0.00 317.00 00528 GILTON SOLID WASTE MANAGE 07/24/2024 Regular 0.00 72,491.85 58360 June2024 Invoice 06/30/2024 GARBAGE SERVICE- June 0.00 72,491.85 00570 HARRIS & ASSOCIATES Inc. 07/24/2024 Regular 0.00 3,701.25 58361 63691 Invoice 06/29/2024 Professional Services 5/26/24 - 6/29/24 0.00 3,701.25 00594 HINDERLITER, dELLAMAS & 07/24/2024 Regular 0.00 766.52 58362 SIN034257 Invoice 12/27/2023 Contract Services- Sales Tax 2nd Qtr 0.00 766.52 00611 Mid Valley Publications 07/24/2024 Regular 0.00 1,942.50 58363 343642 Invoice 04/10/2024 Consumer Confidence 0.00 388.50 343643 Invoice 04/10/2024 Quarterly Notices 0.00 310.80 343644 Invoice 04/10/2024 Consumer Conf Spanish 0.00 310.80 343968 Invoice 05/29/2024 Notice Public Hearing by the Hughson City… 0.00 116.55 343970 Invoice 05/29/2024 Arsenic Quarterly Noitce 0.00 271.95 343971 Invoice 05/29/2024 TCP Quarterly Notice 0.00 271.95 343972 Invoice 05/29/2024 TCP Quarterly Spanish 0.00 271.95 00807 Municipal Maintenance Equipment, Inc 07/24/2024 Regular 0.00 571.85 58364 022350 Invoice 06/30/2024 bracket for Vacon 0.00 571.85 00822 NESTLE WATERS 07/24/2024 Regular 0.00 729.99 58365 04F0025664277 Invoice 06/30/2024 Water for City Hall 0.00 235.86 04F6703905050 Invoice 06/21/2024 Water service (Blanket) 0.00 55.20 04G6703905050 Invoice 06/24/2024 Water for City Hall 0.00 149.65 24G0025664277 Invoice 06/24/2024 Water service (Blanket) 0.00 289.28 01962 NJA Architecture 07/24/2024 Regular 0.00 5,800.00 58366 24003-5 Invoice 06/30/2024 Civic Center Master Plan 0.00 5,800.00 00972 SAFE-T-LITE 07/24/2024 Regular 0.00 62.36 58367
397580 Invoice 06/30/2024 stop ahead sign 0.00 62.36
00983 SAUNDERS A/C & HEATING 07/24/2024 Regular 0.00 781.17 58368 C1936 Invoice 06/28/2024 ac unit pump 0.00 781.17
01093 SYNAGRO WEST, LLC 07/24/2024 Regular 0.00 4,423.01 58369 49563 Invoice 06/30/2024 Sludge removal (Blanket) 0.00 4,423.01 01257 1ST SECURITY & SOUND INC 07/25/2024 Regular 0.00 110.00 58370 30674 Invoice 07/10/2024 MONITORING - BATTERY REPLACEMENT 0.00 110.00 00016 ABS PRESORT 07/25/2024 Regular 0.00 1,235.72 58371 136315 Invoice 07/08/2024 BILL PRINTING- July 0.00 1,235.72 01603 Amazon Capital Services, Inc. 07/25/2024 Regular 0.00 73.78 58372 1466-L1YF-CCJJ Invoice 07/18/2024 NNO 2024 0.00 23.20
1CR3-LYMR-H4TM Invoice 07/20/2024 Office Supplies 0.00 10.36 1GNP-QLFT-LXL3 Credit Memo 07/17/2024 Office Supplies 0.00 -29.50 1PWQ-YMF4-19… Invoice 07/10/2024 NNO Raffle 2024 0.00 28.98 1YVM-73WJ-LX… Invoice 07/13/2024 Office Supplies 0.00 40.74 00094 AT&T MOBILITY 07/25/2024 Regular 0.00 547.61 58373 07102024 Invoice 07/02/2024 PHONES 0.00 547.61
00123 BAY ALARM CO 07/25/2024 Regular 0.00 289.50 58374 21514384 Invoice 07/17/2024 alarm service 8/1/24 to 10/31/24 0.00 289.50 01986 Everbridge, Inc. 07/25/2024 Regular 0.00 4,665.60 58375 M82828 Invoice 07/16/2024 Setup Fee & Nixle 360 0.00 4,665.60 14 Check Report Date Range: 07/16/2024 - 08/07/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 00462 EWING IRRIGATION PRODUCTS 07/25/2024 Regular 0.00 422.45 58376 013152742 Invoice 07/12/2024 Ewing irrigation Blanket 0.00 422.45 00464 EZ NETWORK SYSTEMS, INC. 07/25/2024 Regular 0.00 6,064.74 58377 TS44338 Invoice 07/01/2024 IT SERVICES 0.00 6,064.74
00475 FGL ENVIRONMENTAL 07/25/2024 Regular 0.00 1,054.00 58378 439623A Invoice 07/15/2024 DW FGL blanket 0.00 92.00
439624A Invoice 07/12/2024 DW FGL blanket 0.00 199.00
439625A Invoice 07/12/2024 DW FGL blanket 0.00 129.00
439626A Invoice 07/15/2024 DW FGL blanket 0.00 57.00
439627A Invoice 07/12/2024 DW FGL blanket 0.00 135.00
439691A Invoice 07/12/2024 DW FGL blanket 0.00 199.00
439692A Invoice 07/15/2024 DW FGL blanket 0.00 133.00
439893A Invoice 07/16/2024 DW FGL blanket 0.00 45.00
439972A Invoice 07/16/2024 DW FGL blanket 0.00 65.00
01794 HdL Coren & Cone 07/25/2024 Regular 0.00 1,537.91 58379 SIN041235 Invoice 07/23/2024 Contract Services Property Tax July - Sept … 0.00 1,537.91 01867 KIM WEIMER 07/25/2024 Regular 0.00 679.55 58380
INV0011694 Invoice 07/24/2024 Conference room chairs 0.00 679.55 01977 OTC Brands, Inc 07/25/2024 Regular 0.00 172.59 58381 73154397402 Invoice 07/10/2024 NNO 2024 0.00 172.59
00884 PITNEY BOWES 07/25/2024 Regular 0.00 502.25 58382 INV0011693 Invoice 07/24/2024 POSTAGE 0.00 502.25
01000 SEEGER'S 07/25/2024 Regular 0.00 248.11 58383
0143921-IN Invoice 07/15/2024 Business Cards - Ramos & Vasquez 0.00 248.11 01695 Smart Source LLC 07/25/2024 Regular 0.00 472.61 58384 0034148 Invoice 07/17/2024 AP Checks 0.00 472.61
01090 SUTTER HEALTH PLUS 07/25/2024 Regular 0.00 15,119.40 58385 3250542 Invoice 08/01/2024 MEDICAL INSURANCE- August 0.00 15,119.40 01155 UNDERGROUND SERVICE ALERT OF NORTHERN CALIFORNIA & NEVADA 07/25/2024 Regular 0.00 377.55 58386 1179882024 Invoice 07/22/2024 2024 Membership Fee 0.00 377.55 01206 WARDEN'S OFFICE 07/25/2024 Regular 0.00 647.56 58387 013502-00 Invoice 07/11/2024 MISC OFFICE SUPPLIES 0.00 598.34 013610-00 Invoice 07/17/2024 MISC OFFICE SUPPLIES 0.00 49.22 01603 Amazon Capital Services, Inc. 08/06/2024 Regular 0.00 22.54 58390 1TRP-1DMY-9K4J Invoice 06/11/2024 July Movie Night 0.00 44.53 1VWH-6YND-1JGY Credit Memo 06/11/2024 July Movie Night 0.00 -21.99 00878 CASH 08/06/2024 Regular 0.00 101.12 58391
INV0011725 Invoice 06/30/2024 Petty Cash 5/6 - 6/4/24 0.00 101.12 01570 CSG Consultants 08/06/2024 Regular 0.00 4,356.00 58392 57143 Invoice 06/30/2024 Professional Services June 2024 0.00 4,356.00 00464 EZ NETWORK SYSTEMS, INC. 08/06/2024 Regular 0.00 8,648.28 58393 44296 Invoice 06/24/2024 5 Lenovo ThinkPad for Council 0.00 8,648.28 01040 STANISLAUS COUNTY SHERIFF 08/06/2024 Regular 0.00 135,102.78 58394 2324-61 Invoice 06/30/2024 Law Enforcement Services -June 2024 0.00 135,102.78 01603 Amazon Capital Services, Inc. 08/06/2024 Regular 0.00 80.88 58395 1H73-XQMX-36N1 Invoice 07/24/2024 NNO 2024 0.00 80.88
00123 BAY ALARM CO 08/06/2024 Regular 0.00 450.00 58396 15 Check Report Date Range: 07/16/2024 - 08/07/2024
8/7/2024 12:53:22 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 3483142 Invoice 07/17/2024 monitoring fee (fire) july-september 0.00 450.00 00324 CODE PUBLISHING COMPANY 08/06/2024 Regular 0.00 680.00 58397 GC00126574 Invoice 07/31/2024 Annual Web Fees 0.00 680.00 00464 EZ NETWORK SYSTEMS, INC. 08/06/2024 Regular 0.00 1,469.59 58398 44414 Invoice 07/30/2024 IT SERVICES 0.00 190.00
44454 Invoice 07/30/2024 IT SERVICES 0.00 1,279.59
00475 FGL ENVIRONMENTAL 08/06/2024 Regular 0.00 5,618.00 58399 439891A Invoice 07/24/2024 DW FGL blanket 0.00 118.00
439892A Invoice 07/25/2024 DW FGL blanket 0.00 761.00
439928A Invoice 07/23/2024 DW FGL blanket 0.00 257.00
439973A Invoice 07/18/2024 DW FGL blanket 0.00 498.00
450349A Invoice 07/24/2024 DW FGL blanket 0.00 92.00
450350A Invoice 07/26/2024 DW FGL blanket 0.00 1,752.50 450351A Invoice 07/24/2024 DW FGL blanket 0.00 65.00
450352A Invoice 07/24/2024 DW FGL blanket 0.00 65.00
450427A Invoice 07/26/2024 DW FGL blanket 0.00 1,752.50 450664A Invoice 07/31/2024 DW FGL blanket 0.00 57.00
450666A Invoice 07/29/2024 DW FGL blanket 0.00 100.00
450667A Invoice 07/29/2024 DW FGL blanket 0.00 100.00
00528 GILTON SOLID WASTE MANAGE 08/06/2024 Regular 0.00 1,895.07 58400 HUGHSS-096 Invoice 08/01/2024 STREET SWEEPING 0.00 1,895.07 00698 KUBWATER RESOURCES, INC 08/06/2024 Regular 0.00 5,480.40 58401 12601 Invoice 07/25/2024 Kubwater Blanket PO 0.00 5,480.40 00775 MISSION UNIFORM SERVICE 08/06/2024 Regular 0.00 1,538.47 58402 521890202 Invoice 07/02/2024 uniform service blanket 0.00 135.51 521890203 Invoice 07/02/2024 uniform service blanket 0.00 93.86 521890204 Invoice 07/02/2024 uniform service blanket 0.00 81.98 521933103 Invoice 07/08/2024 uniform service blanket 0.00 78.76 521933104 Invoice 07/08/2024 uniform service blanket 0.00 88.86 521933105 Invoice 07/08/2024 uniform service blanket 0.00 81.98 521974491 Invoice 07/15/2024 uniform service blanket 0.00 73.81 521974492 Invoice 07/15/2024 uniform service blanket 0.00 82.48 521974494 Invoice 07/15/2024 uniform service blanket 0.00 81.98 522018639 Invoice 07/22/2024 uniform service blanket 0.00 73.81 522018640 Invoice 07/22/2024 uniform service blanket 0.00 338.81 522018641 Invoice 07/22/2024 uniform service blanket 0.00 81.98 522061474 Invoice 07/29/2024 uniform service blanket 0.00 73.81 522061475 Invoice 07/29/2024 uniform service blanket 0.00 88.86 522061476 Invoice 07/29/2024 uniform service blanket 0.00 81.98 01884 PACIFIC STORAGE COMPANY 08/06/2024 Regular 0.00 109.34 58403 2220019 Invoice 07/31/2024 RECORDS STORAGE 0.00 109.34
00879 PG & E 08/06/2024 Regular 0.00 139.87 58404
INV0011726 Invoice 08/02/2024 UTILITIES 0.00 139.87
01000 SEEGER'S 08/06/2024 Regular 0.00 268.61 58405
0144035-IN Invoice 07/23/2024 OFFICE SUPPLIES - ENVELOPES 0.00 268.61 01599 SMILE BUSINESS PRODUCTS, INC 08/06/2024 Regular 0.00 125.71 58406 1213722 Invoice 07/22/2024 COPIES 0.00 125.71
01422 Stanislaus Council of Government StanCOG 08/06/2024 Regular 0.00 562.00 58407 INV0011727 Invoice 07/01/2024 2024/25 Dues 0.00 562.00
01049 STANISLAUS COUNTY 08/06/2024 Regular 0.00 5,425.00 58408 FY 24-25 Hughson Invoice 07/01/2024 LAFCO Annual Fees 0.00 5,425.00 16 Check Report Date Range: 07/16/2024 - 08/07/2024
8/7/2024 12:53:22 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 01149 TURLOCK IRRIGATION DIST. 08/06/2024 Regular 0.00 36,654.39 58409 INV0011728 Invoice 07/16/2024 ELECTRIC 0.00 36,654.39
01264 VERIZON WIRELESS 08/06/2024 Regular 0.00 228.06 58410 9969883333 Invoice 08/02/2024 MIFI DEVICES/ CAMERAS 0.00 228.06 01206 WARDEN'S OFFICE 08/06/2024 Regular 0.00 21.78 58411 013949-00 Invoice 07/31/2024 MISC OFFICE SUPPLIES 0.00 21.78 01420 CALIFORNIA STATE DISBURSEMENT UNIT 08/06/2024 Regular 0.00 40.12 58412 INV0011714 Invoice 07/31/2024 INCOME WITHHOLDING FOR CHILD SUPP… 0.00 40.12 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Payable Bank Summary
Bank Drafts
EFT's
81 0
0 0
0 0.00
0.00 0.00
0.00 0.00
81 0.00
Payment
851,217.42
0.00 0.00
0.00 0.00
851,217.42
Payable
Count
166
0 0
0 0
166
17 Check Report Date Range: 07/16/2024 - 08/07/2024
8/7/2024 12:53:22 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
81 0
0 0
0 0.00
0.00 0.00
0.00 0.00
81 0.00
851,217.42
0.00 0.00
0.00 0.00
851,217.42
166
0 0
0 0
166
Fund Name Period Amount
Fund Summary
999 POOLED CASH/CONSOLIDATED CASH 7/2024 642,199.41
999 POOLED CASH/CONSOLIDATED CASH 8/2024 209,018.01
851,217.42
18 8/7/2024 12:54:50 PM Page 1 of 1
Refund Check Register
Hughson Refund Check Detail
UBPKT03744 - Refunds 01 UBPKT03742 Regular
Account Name Date Check # Amount Code Receipt Amount Type 11-0140-007 Flores, Consuelo & Gilbert 8/5/2024 58388 102.36 102.36 Generated From Billing 11-0320-001 MARQUEZ, SANJUANA 8/5/2024 58389 42.28 42.28 Deposit Total Refunds: 2 Total Refunded Amount: 144.64
Revenue Code Summary
Revenue Code Amount
996 - UNAPPLIED CREDITS 144.64
Revenue Total: 144.64
General Ledger Distribution
Account Number Account Name Posting Amount IFT
Posting Date: 08/02/2024
Fund: 510 - WATER/SEWER DEPOSIT
510-10001 CLAIM ON CASH-WATER/SEWER DEPOSIT -144.64 Yes 510-11040 CUSTOMER CREDITS 144.64
510 Total: 0.00
Fund: 999 - POOLED CASH/CONSOLIDATED CASH
999-10010 CASH IN BANK-MONEY MARKET -144.64
999-20000 DUE TO OTHER FUNDS (POOLED CASH) 144.64 Yes
999 Total: 0.00
Distribution Total: 0.00
19 Meeting Date: August 12, 2024
Subject: Voting Delegate for League of California Cities Annual Conference Presented By: Dominique Romo, City Manager
Approved By:
______________________________
Dominique Romo, City Manager
Staff Recommendations:
Approve Designating Mayor George Carr as the Voting Delegate the League of California Cities Annual Conference and Expo on October 16-28, 2024, in Long Beach, California.
Background and Overview:
The League membership considers and takes action on resolutions that establish policy at the Annual Business Meeting that takes place during the Conference.
Mayor Carr is scheduled to attend the League of California Cities Annual Conference & Expo later this year. In order to vote on behalf of the City of Hughson the City Council must designate him as the voting delegate. Each Member City has the right to cast one vote on matters pertaining to league policy.
Upon approval, City staff will register with the League confirming Mayor George Carr as the voting delegate.
Fiscal Impact:
Costs associated with the 2024 League of California Cities Annual Conference and Exposition total approximately $4,500 (conference registration, hotel, food, mileage and parking) and are included as part of the City’s budget on an annual basis to ensure City representation.
CITY COUNCIL AGENDA ITEM NO. 3.4
SECTION 3: CONSENT CALENDAR
20 Meeting Date: August 12, 2024
Subject: Updated Attorney-Client Representation Agreement with Neumiller & Beardslee
Presented By: Dominique Romo, City Manager
Approved By:
_____________________________
Dominique Romo, City Manager
STAFF RECOMMENDATION:
Consider the updated Attorney-Client Representation Agreement with Neumiller & Beardslee and Authorize the City Manager to Execute the Agreement.
BACKGROUND & DISCUSSION:
The City’s current Agreement for legal services with Neumiller & Beardslee dates back to September 14, 2015. The City of Hughson has contracted with Neumiller and Beardslee for professional legal services since December 12, 2005. These services include the normal and usual duties of a City Attorney, including without limitation, those specified in the California Government Code. Neumiller and Beardslee has also served as the Chief Legal Advisor to the City of Hughson, except when it would be more appropriate to hire an outside specialist counsel, when counsel for the City is otherwise provided or when a conflict exists such that the Attorney is prohibited by laws or rules of professional conflict.
In the last nine years, there have been developments in the law, industry practices, and economic circumstances that have necessitated a change in the terms of the Agreement to make it current with said developments.
The most significant changes to the Agreement are as follows:
Amended Sections 2, 13, and 17, and added a new Section 10 to the proposed Agreement: These sections have been updated to reflect recent changes in California law. The amendments ensure that the Agreement remains compliant with current legal standards and practices.
CITY COUNCIL AGENDA ITEM NO. 6.1
SECTION 6: NEW BUSINESS
21 • Section 2 – Scope and Nature of Services - has been updated to identify Andy Pinasco as the assigned City Attorney, who may delegate duties under the Agreement to other attorneys within the firm as needed and designate a Deputy City Attorney.
• Section 13 - Conflicts of Interest (Previously Section 12) - has been standardized in accordance with State Law.
• Section 17 – Integration Clause (previously Section 16) – has been updated by removing language addressing Advance Deposit Agreement, Joint Representation Agreement or Grant of Lien Agreement; and refers to this agreement as the sole Agreement between Neumiller and Beardslee and the City.
• Section 10 – Independent Contractor – this section was added to identify Neumiller & Beardslee as an independent contractor.
Billing Structure for Meeting Attendance. The Agreement no longer includes flat rates for meeting attendance. Previously, the City was paying $1,600 per month for Attorney’s attendance of up to 3 meetings per month. This fee was/is paid whether or not such meetings are held, or attendance is waived. Instead, meeting attendance will now be billed at the hourly rate applicable for general legal services. This change aims to provide more accurate billing based on the actual time spent on meeting participation.
Adjustment in Hourly Rates. The hourly rates for legal services have been increased as follows:
a. Shareholders: The rate will increase from $250 per hour to $325 per hour b. Associates: The rate will increase from $215 per hour to $260 per hour c. Paralegals: The rate will increase from $130 per hour to $160 per hour Additionally, mileage and travel time will be billed at standard rates. This adjustment is made to align with current market rates and to ensure fair compensation for the legal services provided.
Inflator. The new Agreement includes an annual inflator and may adjust by the greater of either the relevant local Consumer Price Index (“CPI”) increase or the prior twelve (12) months period, rounded to the nearest dollar, or ten ($10.00) dollars per hour (“Cost of Living Adjustment”). Further, the relevant local CPI shall be set by the CPI for all urban consumers in the San Francisco-Oakland-Hayward areas as published by the United States Government Bureau of Labor Statistics. This will provide certainty to the City in budgeting for legal services in the future and provide Neumiller the opportunity to adjust to evolving costs and market conditions.
22 ANALYSIS:
Staff conducted a very brief comparison of fees with other cities of similar size, including Ripon, Waterford, Escalon, and Newman.
RIPON - $325 hourly. No monthly retainer or annual CPI adjustment. Last updated June 2024.
WATERFORD - $225 hourly for services regarding all litigation proceedings, financing, and foreclosures, including eminent domain actions. $3,000 retainer for 15 hours of general legal services and attendance at 2 city council meetings per month; after 15 hours, the rate reduces to $175 hourly. Reimbursement for firm’s costs. Last updated June 2016 – Mason, Robbins, Browning & Godwin.
NEWMAN - $196 hourly for general counsel, including Partners, Associates and Paralegals. $326 hourly for specialized counsel including Partners, Associates and Paralegals. No monthly retainer. Rates adjust annually per CPI. Last updated February 1, 2024; White Brenner.
ESCALON - $354 hourly – all attorneys. Non-Attorneys $212.00 hourly. Monthly fee retainer of $12,597. Rates adjust annually for CPI. These rates are dated July 2024; Best, Best & Krieger (BBK).
FISCAL IMPACT:
The revised rates will result in increased costs for legal services. The impact on the City’s budget for legal services should be reviewed and adjusted accordingly to accommodate these changes.
The cost of legal services through a professional contract continues to be a very costeffective option for the City of Hughson. During the prior five-year period (Fiscal Year 2019- 2020 to Fiscal Year 2023-2024) the average annual cost was $123,477—with costs as high as $156,365. The FY 2024-25 budget for legal services is currently $115,000, which does not include costs incurred that are charged project specific.
Attachment(s):
Updated Attorney-Client Representation Agreement
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ATTORNEY-CLIENT REPRESENTATION AGREEMENT
THIS AGREEMENT (“Agreement”) is entered into by and between Neumiller & Beardslee, A Professional Corporation (“Firm”) and City of Hughson (“Client”).
SECTION 1
CONDITION
If this Agreement accurately describes the services the Firm is to perform for you and the terms for payment of the resulting legal fees and expenses that you will incur, please countersign one of the duplicate originals of this letter and return it to us. THIS AGREEMENT WILL TAKE EFFECT AS PROVIDED BY SECTION 18.
SECTION 2
SCOPE AND NATURE OF SERVICES
Client hires the Firm to provide legal services and to perform all normal and usual duties of a City Attorney including, without limitation, those specified in the California Government Code, and shall serve as chief legal advisor to client. Andy Pinasco is assigned as the City Attorney. He may delegate any duties under this Agreement such as research and administrative duties to other attorneys employed by Firm and may designate a Deputy City Attorney. All attorneys assigned to perform approved Client business shall, at all times while this Agreement is in effect, be fully qualified and licensed to practice law in the State of California. This Agreement also covers other legal matters which Client may refer to the Firm from time to time and which the Firm agrees to represent Client. Firm will provide those legal services reasonably required to represent Client. The Firm will take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries. Services in any matter not described above will require a separate written agreement.
SECTION 3
ATTORNEY-CLIENT CONFIDENTIALITY
This Agreement contains attorney work product prepared only for the confidential use of the Client and is subject to the attorney-client privilege. 24 NEUMILLER &BEARDSLEE
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SECTION 4
CLIENT’S DUTIES
Client agrees to be truthful with the Firm, to cooperate, to keep the Firm informed of any information or developments which may come to Client’s attention that impact the services provided by the Firm. Client agrees to abide by this Agreement, pay the Firm’s invoices on time, and to keep the Firm advised of Client’s address, telephone number and whereabouts. Client will assist the Firm in providing necessary information and documents and will appear when necessary at legal proceedings.
SECTION 5
BILLING PRACTICES, INVOICES, PAYMENTS, AND LATE CHARGES A. Separate Files for Matters. The Firm will typically set up separate files for each matter for which it provides service and will invoice those files to Client under the assigned matter names. When the Firm’s services are completed for a matter, the Firm will separately close and then store the closed files. The Firm may classify small matters that do not warrant setting up separate files as part of a “general” category and will invoice those matters under the “general” matter (although separate files will be opened for minor work if Client requests).
B. Billing Factors. The Firm takes into account a number of factors in billing for services rendered, and all invoices are reviewed before they are issued to ensure that the amount charged is appropriate. The principal factor is usually the Firm’s schedule of hourly rates. Most invoices for services are simply the product of the hours worked, multiplied by the hourly rates for the attorneys and legal assistants who performed the work.
C. Activities Billed. The Firm will charge for all activities undertaken in providing legal services to Client under this Agreement, including but not limited to the following: (i) conferences (including preparation and participation); (ii) review and preparation of correspondence and legal documents; (iii) legal research and case analysis; and (iv) telephone and e-mail communications. The Firm will charge for the performance of work by individual matter on an hourly basis in accordance with the fee schedule attached hereto as “Exhibit A”.
D. Use of Multiple Attorneys. Depth and diversity of experience and skill is a major asset of the Firm. From time to time, it will be reasonable and necessary for two or more attorneys to meet or confer regarding the facts, law, strategy or tactics of a situation, in order to provide services to Client in the most efficient, prudent, and cost-effective manner. When two or more of the Firm’s personnel are engaged in working on a matter at the same time, such as in conferences between them, or with Client, the Firm will review and consider the subject of the work and the reasonable necessity of having multiple personnel involved in determining whether the total amount billed for such conferences, consultations or meetings should be invoiced.
E. Monthly Statements. The Firm will send Client monthly statements reflecting attorney fees and costs incurred and their basis, any amounts applied from Client’s trust account deposits, and any current balance owed. Client will pay any balance in full upon receipt. Any balance remaining unpaid after thirty (30) days will incur late charges at the rate of eighty-three one hundredths of one percent (0.83%) per month, simple interest, but in no event higher than the maximum interest rate permitted by law.
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SECTION 6
LEGAL FEES
Firm shall be compensated for services rendered to Client in accordance with the fee schedule attached hereto as “Exhibit A,” which is incorporated herein by this reference. Client agrees to pay by the hour, at the rates stated in “Exhibit A,” for all time spent on Client’s matter by legal personnel. Firm’s time is billed in increments of not less than one-tenth of an hour for each task performed at a time and rounding up for each partial increment. In addition, Firm will generally bill a minimum of two-tenths of an hour for each task given administrative costs and lost productivity associated with shifting attention from task to task. All time recorded on a given day may be recorded in one entry and in certain situations may be recorded in one entry for all days spent on a matter. The rates on the schedule set out below are subject to change in accordance with the procedure described in “Exhibit A”. If Client declines to approve or pay increased rates, the Firm will have the right to withdraw as attorney for Client.
SECTION 7
COSTS AND OTHER CHARGES
A. General. The Firm will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include postage, photocopying and other reproduction costs, travel costs, including parking, mileage, and transportation, service of process charges, filing fees, court and deposition reporters’ fees, jury fees, notary fees, deposition costs, messenger and other delivery fees, investigation expenses, consultants’ fees, expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. Except for the items listed below, all costs and expenses will be charged at the Firm’s cost.
In-office photocopying (black/white copies) $0.25 per page In-office photocopying (color copies) $1.00 per page
Facsimile charges $1.00 per page
Mileage IRS Allowable Rate
B. Travel. Client agrees to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel to the Firm’s personnel. Client will also be charged the hourly rates for the time the Firm’s personnel spend traveling.
C. Experts, Consultants and Investigators. To aid in the preparation or presentation of Client’s case, it may become necessary to hire expert witness, consultants or investigators. Client agrees to pay such fees and charges. The Firm will select any expert witnesses, consultants or investigators to be hired, and Client will be informed of persons chosen and their charges.
D. Court Action or Arbitration. If the matter involves a court action or arbitration, Client understands that Client may be required to pay fees or costs, or both, to other parties in the action. Any such payment will be entirely the responsibility of Client. 26 NEUMILLER &BEARDSLEE
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SECTION 8
ESTIMATED FEES AND COSTS
From time to time, estimates of fees and costs likely to be incurred in a given matter or if a given course of action is pursued may be provided by the Firm. Any estimate provided to Client at any time is only an estimate and is not a flat fee or a not-to-exceed amount. Actual legal fees can vary widely depending upon the circumstances of the matter, including the number of meetings, the number of changes required to documents, and how much coordination with third parties is required to obtain information or for other purposes. The estimate also excludes any costs or amounts necessary to be paid to third (3rd) parties to complete the work, unless such fees or amount are specifically noted in the estimate. The Firm does not guarantee that actual fees and costs will fall within any estimate provided.
SECTION 9
NO GUARANTY OF OUTCOME
Nothing in this Agreement and nothing in the Firm’s statements to Client will be construed as a promise or guarantee about the outcome of the matter. While the Firm will make every effort to achieve favorable results for Client, the Firm makes no promise or guarantee of any result. The Firm’s comments about the outcome of the matter are expressions of opinion only.
SECTION 10
INDEPENDENT CONTRACTOR
Firm is an independent contractor. This Agreement does not create the relationship of employer and employee, a partnership, or a joint venture. Client shall not control or direct the details, means, methods, or processes by which Firm performs any services under this Agreement. Firm shall possess no authority with respect to any Client decision beyond rendition of such information, advice, or recommendations unless authorized by the Client or Client’s designated official(s). Firm shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of Firm’s performance of services under this Agreement.
SECTION 11
LITIGATION REPRESENTATION
If the Firm represents Client in any litigation, the Firm will represent Client through trial and post-trial motions. This Agreement does not cover representation on appeal or in execution proceedings after judgment unless specifically included in the scope of representation above. Separate arrangements must be agreed to between the Firm and Client for appeals or for execution proceedings after judgment.
SECTION 12
TAX ADVICE AND REPRESENTATION
The Firm will not provide tax advice or representation with or before taxing agencies or authorities, however, we will be happy to work with your tax professional or CPA to coordinate results intended to implement their advice or strategies, but not in any way that could be construed to violate matters specified in the IRS Circular 230 Disclosure, which provides that any U.S. tax advice contained in a communication shall not be used for and cannot be used for: (i) purposes of avoiding any tax related penalties that may be imposed under Federal tax laws, or (ii) the promotion, marketing or recommending to another party of any transaction or matter for such purposes. 27 NEUMILLER &BEARDSLEE
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SECTION 13
CONFLICTS OF INTEREST
Firm shall comply with all applicable laws and professional rules and standards relating to any known ethical conflict of interest involving Client and the matters upon which Firm is providing legal services under this Agreement. Firm shall not reveal Client’s confidential information except with the consent of the Client. Firm shall notify Client of any conflict of interest related to matters upon which it is providing legal services under this Agreement upon discovery of any such conflict. In the event that such conflict is not or cannot be waived or resolved, Client shall retain alternate counsel. IF CLIENT IS AWARE
OF ANY ACTUAL OR POTENTIAL CONFLICT, CLIENT MUST NOTIFY THE FIRM BEFORE SIGNING THIS AGREEMENT.
SECTION 14
ELECTRONIC RESOURCES AND CLOUD STORAGE
To increase the Firm’s efficiency for the Client, the Firm regularly makes use of email and cellular telephone communications. These technologies are not encrypted and although the Firm believes the risk is slight, there is some possibility that confidential communications with the Client could become compromised. The Firm also makes use of off-site computer storage facilities which, although such facilities are encrypted and password protected, does expose communications and material kept at the computer storage facility or “in the cloud” to possible compromise. By agreeing to the Firm’s representation, Client consents to the Firm’s use of these technologies.
SECTION 15
CLIENT FILES
At the termination of services under this Agreement, or as the Firm completes individual matters for Client and closes the active files for those matters, the Firm will release promptly to Client, upon Client’s request, all of Client’s papers and property as to the closed matters, subject to any protective order or nondisclosure agreement. After five (5) years have passed, since the termination of services under this Agreement or from the closing date of particular client matters under this Agreement, the Firm may dispose of Client’s papers and property. It may do so earlier upon notice to Client. If Client desires to have the Firm retain Client’s papers and property beyond five (5) years, after the termination of such services, Client must make separate arrangements with the Firm. “Client’s papers and property” include correspondence, deposition transcripts, exhibits, experts’ reports, legal documents, physical evidence, and other items reasonably necessary to Client’s representation, whether Client paid for them or not, to the extent necessary to avoid prejudicing Client’s interest, and including electronic versions of those documents as available. Client shall reimburse Firm for any reasonable expenses, including but not limited to staff time and third-party storage costs, incurred by Firm in storing Client’s files or in transferring files at the conclusion of the representation.
SECTION 16
WITHDRAWAL AND TERMINATION OF REPRESENTATION
The Client has the right to terminate the Firm as Client’s attorney at any time, in which case the Client will advise the Firm of that decision, in writing. The Firm reserves the right to withdraw from representing the Client, if the Client fails to follow the terms of this Agreement, if the Client has misrepresented or failed to disclose material facts to the Firm, or if the Client has not followed the Firm’s advice. If the Firm is required to file a motion to withdraw as attorney, the Client agrees that any of the above will constitute good cause for withdrawal. Good cause for withdrawal will also be any circumstance that would render the Firm’s continuing representation unlawful or unethical. On 28 NEUMILLER &BEARDSLEE
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termination of the Firm, the Client will be responsible for obtaining new counsel and for paying the balance due to the Firm for costs and services rendered to the time of termination.
SECTION 17
INTEGRATION CLAUSE
This Agreement, when signed by Client, is the sole Agreement between the Firm and the Client .
No prior agreement, arrangement, or understandings pertaining to those matters is effective for any purpose. This Agreement may only be changed by a writing signed by both parties or an oral agreement but only to the extent that the parties perform the oral agreement.
SECTION 18
SEVERABILITY IN EVENT OF PARTIAL INVALIDITY
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
SECTION 19
EFFECTIVE DATE
The effective date of this Agreement will be the date on which the Firm is in receipt of a copy of this Agreement, fully signed by Client, along with any advance deposit if one was requested. The attorney-client relationship will commence on the effective date of this Agreement, except that the terms of this Agreement and the attorney-client relationship will apply to any work that the Firm may have done for Client’s benefit before the date of this Agreement. THE FIRM HAS NO OBLIGATION TO PROVIDE LEGAL SERVICES, UNTIL YOU RETURN AN EXECUTED COPY OF THIS AGREEMENT TO THE FIRM. IF YOU
FAIL TO RETURN AN EXECUTED COPY OF THIS AGREEMENT TO THE FIRM, YOU ARE STILL OBLIGATED TO PAY FOR SERVICES PERFORMED AT YOUR REQUEST.
SECTION 20
MEDIATION
If a dispute arises out of or relating to any aspect of this Agreement between Client and Firm, or the breach thereof, and if the dispute cannot be settled through negotiation, Firm and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.
SECTION 21
ARBITRATION
A. Arbitration of all Disputes Including Claims of Malpractice. Any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration upon the written request of either party after the service of that request on the other party. The parties shall appoint one person to hear and determine the dispute. If the parties cannot agree, then the arbitration service Judicial Arbitration and Mediation Service (“JAMS”) shall be asked to choose an impartial arbitrator pursuant to their rules whose decision shall be final and conclusive on all parties. The Firm and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The parties shall bear their own legal fees and costs for all claims. The sole and exclusive venue for the arbitration and or any legal dispute shall be San Joaquin County, California.
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B. Binding Arbitration. If there is any disagreement between the parties concerning fees, this Agreement or any other claim, including a claim of attorney malpractice, relating to the legal matter that arises out of the Firm’s legal representation, the Client agrees to submit that dispute to binding arbitration, under the rules of JAMS.
C. Alternative State Bar Arbitration of Fees. In any dispute subject to the jurisdiction of the State of California over attorney’s fees, charges, costs or expenses, Client has the right to elect arbitration pursuant to the fee arbitration procedures of the State Bar of California, as set forth in California Business and Professions Code Section 6200, et seq. rather than using the procedures set out in Subsection B of this Section. The State Bar of California procedures permit a trial after arbitration, unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. If, after receiving a notice of Client’s right to arbitrate, Client does not elect to proceed under the State Bar fee arbitration procedures, and file a request for fee arbitration within thirty (30) days, any dispute over fees, charges, costs or expenses, will be resolved by binding arbitration as provided in Subsection B of this Section.
D. Disclosures and Confirmation Regarding Arbitration. Because each party is giving up a right, Client is encouraged to have independent counsel of Client’s choice review these arbitration provisions and this entire Agreement before signing this Agreement. Client and the Firm confirm that they have read and understand Subsections A through D of this Section, and voluntarily agree to binding arbitration. In doing so, Client and the Firm voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to an appeal.
Client _______/_______ The Firm ____________
SECTION 22
USE OF SCANNED AND ELECTRONIC SIGNATURES
By agreeing to the Firm’s representation, Client agrees that scanned counterparts of this Agreement that have been signed by and exchanged between Client and the Firm will be deemed binding and effective in the same manner as signed original documents.
AGREED AND ACCEPTED this day of , 2024.
_________________________________________________
Dominique Romo
City of Hughson
_______________________________________________ _______________________ Andrew J. Pinasco Date
Attorney at Law
ENCLOSED ARE TWO (2) ORIGINALS OF THIS AGREEMENT. IF THE TERMS OF THIS AGREEMENT MEET WITH YOUR APPROVAL, PLEASE SIGN ONE (1) ORIGINAL AGREEMENT AND RETURN TO ME IN THE ENCLOSED RETURN ENVELOPE. YOU MAY RETAIN THE OTHER ORIGINAL FOR YOUR FILE. IF PREFERRED, YOU MAY SEND THE SIGNED AGREEMENT TO THE FIRM BY FACSIMILE OR BY EMAIL IN PDF FORMAT.
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SCHEDULE OF FEES & CHARGES
A. Attorney Travel Charges. The Firm its applicable rate for General Legal Services, as described in Section B, below, for travel time to and from Client meetings (whether regular or special) and meetings with, or on behalf of, Client for which the Attorney is requested to attend in person relating to items not categorized as litigation matters.
Firm’s Litigation and Employment Legal Services rate shall apply to litigation services, including travel time, provided to Client.
B. General Legal Services. For performance of legal services contemplated by the Agreement, excepting performance of legal services set described in Section C of this Exhibit “A”, Client agrees to pay at the Firm in pursuant to the terms of the Agreement and in accordance with the Schedule of Fees listed below, which may be adjusted in as set forth in Section D below.
a. Shareholders and Of Counsel $325 per hour
b. Associates $260 per hour
c. Paralegals, Legal Interns, and Legal Assistants $160 per hour C. Litigation and Employment Legal Services. For legal services involving representation of the Client in employment matters or civil litigation to which Client is a party, Client agrees to pay $375 per hour, as may be adjusted in accordance with Section D below.
D. Compensation Adjustments. Commencing July 1, 2025, and every fiscal year thereafter, Firm may adjust by the greater of either the relevant local Consumer Price Index (“CPI”) increase or the prior twelve (12) months period, rounded to the nearest dollar, or ten ($10.00) dollars per hour (“Cost of Living Adjustment”). Further, the relevant local CPI shall be set by the CPI for all urban consumers in the San Francisco-Oakland-Hayward areas as published by the United States Government Bureau of Labor Statistics. Any increase to Firm’s billing rates in excess of the foregoing shall require approval by Client. Firm reserves the right to waive and/or delay implementation of any rate adjustment established pursuant to the terms of this Agreement.
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