AGENDA
NEWMAN CITY COUNCIL
SPECIAL MEETING JUNE 20, 2022
CITY COUNCIL CHAMBERS, 12:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT
1. Call To Order.
2. Pledge Of Allegiance.
3. Invocation.
4. Roll Call.
5. Declaration Of Conflicts Of Interest.
6. Ceremonial Matters.
7. Items from the Public - Non-Agenda Items.
8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants. (View Warrant/Check Register)
c. Approval Of Minutes Of The May 24, 2022 Meeting. (View Minutes) d. Authorize City Manager To Enter Into A Contract With Economic & Planning Systems, Inc. (EPS) To Update The Development Impact Fee Program. (View Report) e. Adopt Resolution No. 2022- , A Resolution Authorizing The City Manager Or Designee To Execute Agreements With The California Department Of Transportation For The City Of Newman “T” Street Corridor Improvement And Multi-Benefit Community Connectivity Plan. (View Report)
f. Approval Of A Formal Response To Civil Grand Jury Case No. 22-06GJ. (View Report) g. Adopt Resolution No. 2022- , A Resolution Approving A Cooperation Agreement Between The County Of Stanislaus And The City Of Newman For Joint Participation In The Community Development Block Grant Program. (View Report) h. Adopt Resolution No. 2022- , A Resolution Approving The Home Investment Partnership Consortium Agreement For Fiscal Year 2022-2023. (View Report) i. Adopt Resolution No. 2022- , A Resolution Approving The Home Investment Partnership Consortium Agreement. (View Report)
9. Public Hearings.
10. Regular Business
a. Report On Newman Fall Festival 2022. (View Report)
b. Adopt Resolution No. 2022- , A Resolution Adopting A List Of Projects Funded By SB 1:
The Road Repair And Accountability Act Of 2017 For Fiscal Year 2022-2023. (View Report)
11. Items From District Five Stanislaus County Supervisor.
12. Items From The City Manager And Staff.
13. Items From City Council Members.
14. Adjournment.
Calendar of Events
June 16 – Planning Commission – Cancelled.
June 17 – Farmers Market – Downtown Plaza – 3:30 P.M. To 7:30 P.M.
June 19 – Father’s Day.
June 24 – Farmers Market – Downtown Plaza – 3:30 P.M. To 7:30 P.M.
June 25 – Outdoor Movie Night – Luca – Sherman Park - 8:00 P.M.
June 28 – City Council - 7:00 P.M.
AP Check Register
May 18, 2022 through June 8, 2022
1 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description Aramark 10-21-6200 $ 111.16 120640 5/23/2022 Uniform Cleaning/Mat Rental/Shop Towels/ April
2022
Aramark 60-50-6200 $ 96.42 120640 5/23/2022 Uniform Cleaning/Mat Rental/Shop Towels/ April
2022
Aramark 10-44-6200 $ 64.28 120640 5/23/2022 Uniform Cleaning/Mat Rental/Shop Towels/ April
2022
Aramark 63-56-6200 $ 64.28 120640 5/23/2022 Uniform Cleaning/Mat Rental/Shop Towels/ April
2022
Aramark 10-22-6200 $ 55.69 120640 5/23/2022 Uniform Cleaning/Mat Rental/Shop Towels/ April
2022
Aramark 10-33-6200 $ 96.42 120640 5/23/2022 Uniform Cleaning/Mat Rental/Shop Towels/ April
2022
Aramark 10-07-6200 $ 107.00 120640 5/23/2022 Uniform Cleaning/Mat Rental/Shop Towels/ April
2022
$ 595.25 120640 Total
AT&T 10-21-6420 $ 390.74 120642 5/23/2022 Circuit Line Between Fresno St to Ceres 4-13-22 to 5-12-22
AT&T 63-56-6420 $ 64.10 120642 5/23/2022 Landlines 4-13-22 ·to 5-12-22 AT&T 63-56-6200 $ 7.47 120642 5/23/2022 Alarm 4-13-22 to 5-12-22 AT&T 10-21-6420 $ 23.12 120642 5/23/2022 Landlines 4-13-22 ·to 5-12-22 AT&T 10-14-6200 $ 7.48 120642 5/23/2022 Alarm 4-13-22 to 5-12-22 AT&T 10-07-6420 $ 20.78 120642 5/23/2022 Landlines 4-13-22 ·to 5-12-22 AT&T 60-50-6200 $ 7.48 120642 5/23/2022 Alarm 4-13-22 to 5-12-22 AT&T 10-14-6420 $ 64.28 120642 5/23/2022 Landlines 4-13-22 ·to 5-12-22 $ 585.45 120642 Total
AT&T MOBILITY 10-02-6420 $ 19.91 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 73-70-6420 $ 11.88 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 10-45-6420 $ 35.95 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 10-33-6420 $ 105.91 120641 5/23/2022 Cell Phone Use 4-03-22 to
5-02-22
AT&T MOBILITY 10-03-6420 $ 67.13 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 60-50-6420 $ 570.90 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 10-06-6420 $ 63.63 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 10-07-6420 $ 23.16 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 69-47-6420 $ 85.59 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 22-20-6420 $ 10.27 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 10-44-6420 $ 102.02 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 10-21-6420 $ 1,241.48 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 63-56-6420 $ 860.60 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
AT&T MOBILITY 10-22-6420 $ 223.59 120641 5/23/2022 Cell Phone Use 4-03-22 to 5-02-22
$ 3,422.02 120641 Total
Avid Identification Systems, Inc 10-21-6300 $ 299.16 120643 5/23/2022 Microchips for Animal Shelter/ PD $ 299.16 120643 Total
Badger Meter 63-56-6350 $ 62,500.09 120644 5/23/2022 Brass Meters $ 62,500.09 120644 Total
BUSINESS CARD 63-56-6200 $ 33.00 120645 5/23/2022 Ayera BUSINESS CARD 10-21-6300 $ 27.69 120645 5/23/2022 Batteries
AP Check Register
May 18, 2022 through June 8, 2022
2 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description BUSINESS CARD 10-21-6308 $ 31.14 120645 5/23/2022 Sign
BUSINESS CARD 10-14-6200 $ 33.00 120645 5/23/2022 Ayera BUSINESS CARD 60-50-6200 $ 33.00 120645 5/23/2022 Ayera BUSINESS CARD 10-21-6330 $ 354.00 120645 5/23/2022 Postage Stamps BUSINESS CARD 10-21-6300 $ 333.33 120645 5/23/2022 Firearm Equipment BUSINESS CARD 10-21-6630 $ 40.03 120645 5/23/2022 Adhesive Remover BUSINESS CARD 10-21-6300 $ 45.79 120645 5/23/2022 Door Hangers BUSINESS CARD 10-21-6300 $ 280.45 120645 5/23/2022 Ring Video Doorbell BUSINESS CARD 10-21-6300 $ 208.19 120645 5/23/2022 Holster BUSINESS CARD 10-21-6300 $ 48.54 120645 5/23/2022 Belt
BUSINESS CARD 10-21-6695 $ 1,020.50 120645 5/23/2022 Hotel Stay/ Ornelas BUSINESS CARD 10-21-6300 $ 208.29 120645 5/23/2022 Tactical Pants & Shirts BUSINESS CARD 10-21-6200 $ 10.00 120645 5/23/2022 Scheduling Software BUSINESS CARD 10-21-6300 $ 7.54 120645 5/23/2022 Name Tape BUSINESS CARD 10-03-6690 $ 2.50 120645 5/23/2022 Parking BUSINESS CARD 10-21-6300 $ 12.92 120645 5/23/2022 Baton Pouch BUSINESS CARD 10-21-6300 $ 39.84 120645 5/23/2022 Binders BUSINESS CARD 10-21-6300 $ 92.73 120645 5/23/2022 Envelopes, Coffee Cups, Flash Drives BUSINESS CARD 10-21-6300 $ 216.99 120645 5/23/2022 Handcuffs, Baton BUSINESS CARD 10-21-6530 $ 12.00 120645 5/23/2022 Prime Shine Car Wash $ 3,091.47 120645 Total
Canon Financial Services, Inc. 10-14-6200 $ 172.32 120646 5/23/2022 Contract Charges May
2022/Copy
Charges April 2022
Canon Financial Services, Inc. 63-56-6200 $ 172.33 120646 5/23/2022 Contract Charges May 2022/Copy
Charges April 2022
Canon Financial Services, Inc. 63-56-6200 $ 130.52 120646 5/23/2022 Contract Charges May 2022/Copy
Charges April 2022
Canon Financial Services, Inc. 60-50-6200 $ 172.32 120646 5/23/2022 Contract Charges May
2022/Copy
Charges April 2022
Canon Financial Services, Inc. 10-21-6420 $ 249.88 120646 5/23/2022 Contract Charges May 2022 Copy
Charges April 2022/ PD
Canon Financial Services, Inc. 60-50-6200 $ 130.52 120646 5/23/2022 Contract Charges May 2022/Copy
Charges April 2022
$ 1,027.89 120646 Total
Center for Human Services 18-01-6660 $ 3,000.00 120647 5/23/2022 ARPA Food Distribution $ 3,000.00 120647 Total
City of Ceres 10-21-6615 $ 16,000.00 120648 5/23/2022 Dispatch Service 5-1-22 to 5-31-22
$ 16,000.00 120648 Total
COMCAST CABLE 10-21-6420 $ 153.42 120649 5/23/2022 High Speed Internet 5-6-22 lo 6-5-22 /PD
COMCAST CABLE 63-56-6200 $ 51.16 120649 5/23/2022 High speed internet/water COMCAST CABLE 60-50-6200 $ 51.13 120649 5/23/2022 High speed internet/sewer COMCAST CABLE 10-21-6200 $ 51.13 120649 5/23/2022 High speed internet/PD $ 306.84 120649 Total
CSG Consultants, Inc 10-23-6215 $ 8,279.00 120650 5/23/2022 Building Services April 2022
CSG Consultants, Inc 10-23-6215 $ 1,330.00 120650 5/23/2022 Building Permit Issuance/ April 2022
AP Check Register
May 18, 2022 through June 8, 2022
3 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 9,609.00 120650 Total
Dave's Drain Cleaning & Plumbing 10-07-6200 $ 4,000.00 120651 5/23/2022 Plumbing Repair at 27530 Fig Ln Dave's Drain Cleaning & Plumbing 10-07-6200 $ 3,750.00 120651 5/23/2022 Plumbing Repair at 219 Jensen Rd Dave's Drain Cleaning & Plumbing 10-07-6200 $ 733.43 120651 5/23/2022 Plumbing Repair at FD $ 8,483.43 120651 Total
DeAnda Bryan 10-00-2841 $ 20.00 120652 5/23/2022 Pioneer Park Rental Deposit Refund/ DeAnda
$ 20.00 120652 Total
DELTA WIRELESS, INC 10-22-6615 $ 140.00 120653 5/23/2022 Mobile Radio Installation/ E55 $ 140.00 120653 Total
Dittos 10-21-6308 $ 129.45 120654 5/23/2022 Animal Shelter Banners $ 129.45 120654 Total
EMC Planning Group, Inc 10-00-2516 $ 10,022.51 120655 5/23/2022 Caton Ranch Planning Analysis EMC Planning Group, Inc 10-00-2520 $ 10,321.00 120655 5/23/2022 Mattos Ranch Planning Analysis $ 20,343.51 120655 Total
ENVIRONMENTAL TECHNIQUES 60-50-6300 $ 3,900.00 120656 5/23/2022 Pro Oxidizer $ 3,900.00 120656 Total
Frank B. Marks & Sons, Inc 10-33-6300 $ 144.76 120657 5/23/2022 3/4 AB Class 2 Frank B. Marks & Sons, Inc 63-56-6300 $ 144.76 120657 5/23/2022 3/4 AB Class 2 $ 289.52 120657 Total
Garcia Armando 10-33-6200 $ 7,880.00 120685 5/23/2022 General Tree Services $ 7,880.00 120685 Total
Gonzalez Maria 10-00-2841 $ 20.00 120658 5/23/2022 Pioneer Park Rental Deposit Refund/ Gonzalez
$ 20.00 120658 Total
Gouveia Engineering, Inc 18-32-7739 $ 3,673.75 120659 5/23/2022 Project 525.02 STPL-5172 (024) Highway 33/ Inyo
Gouveia Engineering, Inc 17-06-6205 $ 3,227.44 120659 5/23/2022 Project 595. 10 Highway 33 Planning Grant
Gouveia Engineering, Inc 10-31-6200 $ 3,109.31 120659 5/23/2022 Project 585.05 1035 T St Con Observation
Gouveia Engineering, Inc 10-31-6200 $ 467.25 120659 5/23/2022 Project 575. 13 North Manor
Subdivision FM Review
Gouveia Engineering, Inc 10-31-6200 $ 956.81 120659 5/23/2022 Project 525. 12 Jensen Rd Utilities Gouveia Engineering, Inc 28-33-7712 $ 10,138.75 120659 5/23/2022 Project 545. 16D 2020 SBI Improvements
Gouveia Engineering, Inc 10-31-6200 $ 60.38 120659 5/23/2022 Project 575.07 FM 18-01 1035 T St Tentative
Gouveia Engineering, Inc 10-31-6200 $ 1,312.50 120659 5/23/2022 Project 525.02 STPL-5172 (024) Highway 33/ Inyo
Gouveia Engineering, Inc 10-31-6200 $ 733.69 120659 5/23/2022 Project 525.01 Public .works General
Gouveia Engineering, Inc 10-31-6200 $ 30.19 120659 5/23/2022 Project 858.04A Mattos Ranch Phase 1 Additional IPs
Gouveia Engineering, Inc 18-32-7768 $ 5,803.37 120659 5/23/2022 Project 545.070 STPL-5172 (026) Inyo Canal School
Gouveia Engineering, Inc 10-31-6200 $ 152.25 120659 5/23/2022 Project 545.17D CDBG Steff/Sunrise Park Improvements Gouveia Engineering, Inc 10-31-6200 $ 114.19 120659 5/23/2022 Project 520.01 Planning General Gouveia Engineering, Inc 10-31-6200 $ 854.44 120659 5/23/2022 Project 525.09 Inyo Canal School Utility Improvements
Gouveia Engineering, Inc 10-31-6200 $ 217.88 120659 5/23/2022 Project 585. 11 Arco Site Plan $ 30,852.20 120659 Total
AP Check Register
May 18, 2022 through June 8, 2022
4 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description Hoffman Security 10-07-6200 $ 300.00 120660 5/23/2022 Alarm Service for City Hall/ 938 Fresno St
$ 300.00 120660 Total
JG Nurseries LLC 24-32-7727 $ 236.25 120661 5/23/2022 Concrete $ 236.25 120661 Total
JOE'S LANDSCAPING & CONCR 24-32-7727 $ 11,200.00 120662 5/23/2022 Sidewalk Repairs $ 11,200.00 120662 Total
KLEINFELDER, INC. 17-50-7120 $ 12,420.00 120665 5/23/2022 Hills Ferry Rd Sewer Alignment $ 12,420.00 120665 Total
Lou's Gloves, Inc 60-50-6300 $ 198.00 120666 5/23/2022 Nltrile Gloves Lou's Gloves, Inc 10-44-6300 $ 96.50 120666 5/23/2022 Nltrile Gloves Lou's Gloves, Inc 63-56-6300 $ 96.50 120666 5/23/2022 Nltrile Gloves Lou's Gloves, Inc 60-50-6300 $ 96.50 120666 5/23/2022 Nltrile Gloves Lou's Gloves, Inc 69-47-6300 $ 96.50 120666 5/23/2022 Nltrile Gloves $ 584.00 120666 Total
McKesson Medical-Surgical 10-22-6300 $ 20.10 120667 5/23/2022 Glucose Gel McKesson Medical-Surgical 10-22-6300 $ 73.97 120667 5/23/2022 Glucose Gel, Ring Cutter, Electrodes $ 94.07 120667 Total
MID VALLEY IT, INC 10-14-6200 $ 1,001.00 120668 5/23/2022 IT CONTRACT/FIN MID VALLEY IT, INC 60-50-6200 $ 1,001.00 120668 5/23/2022 IT CONTRACT/SEWR MID VALLEY IT, INC 63-56-6200 $ 1,001.00 120668 5/23/2022 IT CONTRACT/WATR MID VALLEY IT, INC 10-21-6200 $ 2,002.00 120668 5/23/2022 IT CONTRACT/PD $ 5,005.00 120668 Total
Newman City Tow Service, Inc 10-22-6530 $ 375.00 120669 5/23/2022 Towing of PR55/ FD $ 375.00 120669 Total
North Star Engineering Group, Inc 18-32-7739 $ 3,567.50 120670 5/23/2022 Professional Seivices Through 4-30-22
$ 3,567.50 120670 Total
One Step GPS LLC 60-50-6200 $ 153.45 120671 5/23/2022 GPS Fleet Tracking Software One Step GPS LLC 10-21-6200 $ 139.50 120671 5/23/2022 GPS Fleet Tracking Software One Step GPS LLC 10-22-6200 $ 55.80 120671 5/23/2022 GPS Fleet Tracking Software One Step GPS LLC 63-56-6200 $ 153.45 120671 5/23/2022 GPS Fleet Tracking Software $ 502.20 120671 Total
OTTMAN FARMS, INC 60-50-6230 $ 2,057.00 120672 5/23/2022 Spraying of Aifaifa@ WWTP $ 2,057.00 120672 Total
P G & E 10-07-6410 $ 416.22 120673 5/23/2022 Electrical Charges for Solar Meter @WWTP 4-5-22 to 5-5-22
P G & E 60-50-6410 $ 416.22 120673 5/23/2022 Electrical Charges for Solar Meter @WWTP 4-5-22 to 5-5-22
P G & E 63-56-6410 $ 416.21 120673 5/23/2022 Electrical Charges for Solar Meter @WWTP 4-5-22 to 5-5-22
P G & E 10-33-6510 $ 467.54 120673 5/23/2022 NaturalGas Pumped @ CNG Fueling Station 4-12-22 to
5-10-22
P G & E 69-47-6510 $ 292.23 120673 5/23/2022 NaturalGas Pumped @ CNG Fueling Station 4-12-22 to
5-10-22
P G & E 60-50-6510 $ 58.44 120673 5/23/2022 NaturalGas Pumped @ CNG Fueling Station 4-12-22 to
5-10-22
AP Check Register
May 18, 2022 through June 8, 2022
5 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description P G & E 10-21-6510 $ 58.44 120673 5/23/2022 NaturalGas Pumped @ CNG Fueling Station 4-12-22 to
5-10-22
P G & E 10-44-6510 $ 233.77 120673 5/23/2022 NaturalGas Pumped @ CNG Fueling Station 4-12-22 to
5-10-22
P G & E 63-56-6510 $ 58.44 120673 5/23/2022 NaturalGas Pumped @ CNG Fueling Station 4-12-22 to
5-10-22
P G & E 60-50-6410 $ 33.82 120673 5/23/2022 Electrical Charges for Solar Meter @WWTP 4-11-22 to 5-9-22
$ 2,451.33 120673 Total
Public Agency Coalition Enterprise 10-00-2260 $ 21,763.05 120663 5/23/2022 Health Insurance Premium/ June
2022
$ 21,763.05 120663 Total
Public Agency Coalition Enterprise 10-00-2260 $ 19,238.46 120664 5/23/2022 Health Insurance Premium/ June
2022
$ 19,238.46 120664 Total
Redtail Consulting 17-36-7780 $ 17,676.75 120674 5/23/2022 Project #603.CNP.21 NEWS Project Resource Agency
Permitting
$ 17,676.75 120674 Total
Sierra Medical Services Alliance 10-22-6300 $ 50.00 120675 5/23/2022 BLS Cards $ 50.00 120675 Total
STAPLES ADVANTAGE 10-33-6300 $ 83.54 120678 5/23/2022 Flash Drives, Air Freshener STAPLES ADVANTAGE 10-21-6300 $ 211.13 120678 5/23/2022 Coffee, Pens, Purrell, Cups, Batteries, Paper STAPLES ADVANTAGE 10-07-6300 $ 16.29 120678 5/23/2022 Flash Drives, Air Freshener STAPLES ADVANTAGE 10-22-6300 $ 62.74 120678 5/23/2022 Highlighters, Pens, Tape STAPLES ADVANTAGE 10-33-6300 $ 32.35 120678 5/23/2022 Card Reader $ 406.05 120678 Total
State of Calif Dept of Justice 10-00-2014 $ 32.00 120676 5/23/2022 Fingerprint Apps State of Calif Dept of Justice 10-00-2014 $ 824.00 120676 5/23/2022 Fingerprint Apps/FBl/Child Abuse Index
$ 856.00 120676 Total
Station Automation Inc 10-22-6200 $ 529.46 120677 5/23/2022 PPE Module Renewal $ 529.46 120677 Total
STEVE'S QUALITY CLEANING 10-07-6200 $ 185.00 120679 5/23/2022 Cleaned & Buffed Floors@ City Hall
$ 185.00 120679 Total
TESCO CONTROL, INC. 63-56-6225 $ 1,008.63 120680 5/23/2022 Service Call at Well #8 $ 1,008.63 120680 Total
True Blue Veterinary Group 10-21-6208 $ 194.00 120681 5/23/2022 Catch & Release Program May 2022
$ 194.00 120681 Total
USA BLUEBOOK 63-56-6300 $ 155.53 120682 5/23/2022 Nipples, Adapter USA BLUEBOOK 63-56-6300 $ 193.03 120682 5/23/2022 Wrench USA BLUEBOOK 63-56-6300 $ 323.87 120682 5/23/2022 Fire Hose $ 672.43 120682 Total
Valley 29 Electric, LLC 63-56-6225 $ 190.00 120683 5/23/2022 Rewiring of Clock at Well #8 $ 190.00 120683 Total
Westside Connect 10-01-6600 $ 40.00 120684 5/23/2022 Single Box Ad Westside Connect 63-56-6600 $ 40.00 120684 5/23/2022 Single Box Ad Westside Connect 60-50-6600 $ 40.00 120684 5/23/2022 Single Box Ad
AP Check Register
May 18, 2022 through June 8, 2022
6 of 6
Vendor Fund-Dept-Acct Amount Check # Check date Description Westside Connect 10-41-6200 $ 288.00 120684 5/23/2022 Notice of Public Hearing Amending Title 8 $ 408.00 120684 Total
Wex Bank 10-21-6500 $ 3,491.95 120686 5/23/2022 Gas and Diesel Purchases 4-16-22 to 5-15-22
Wex Bank 10-44-6500 $ 102.08 120686 5/23/2022 Gas and Diesel Purchases 4-16-22 to 5-15-22
Wex Bank 60-50-6500 $ 720.10 120686 5/23/2022 Gas and Diesel Purchases 4-16-22 to 5-15-22
Wex Bank 10-33-6500 $ 278.87 120686 5/23/2022 Gas and Diesel Purchases 4-16-22 to 5-15-22
Wex Bank 69-47-6500 $ 174.38 120686 5/23/2022 Gas and Diesel Purchases 4-16-22 to 5-15-22
Wex Bank 10-22-6500 $ 1,355.81 120686 5/23/2022 Gas and Diesel Purchases 4-16-22 to 5-15-22
Wex Bank 10-07-6500 $ 125.48 120686 5/23/2022 Gas and Diesel Purchases 4-16-22 to 5-15-22
Wex Bank 63-56-6500 $ 1,636.32 120686 5/23/2022 Gas and Diesel Purchases 4-16-22 to 5-15-22
$ 7,884.99 120686 Total
Williamson Celina 10-00-2841 $ 60.00 120687 5/23/2022 Sherman Park Rental Deposit Refund/ Williamson
$ 60.00 120687 Total
$ 282,410.45 Grand Total
MINUTES
NEWMAN CITY COUNCIL
REGULAR MEETING MAY 24, 2022
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT
1. Call To Order - Mayor Graham 7:00 P.M.
2. Pledge Of Allegiance.
3. Invocation – Council Member McDonald.
4. Roll Call - PRESENT: McDonald, Ball, Pimentel, And Mayor Graham.
ABSENT: None.
5. Declaration Of Conflicts Of Interest – None.
6. Ceremonial Matters – None.
7. Items from the Public - Non-Agenda Items
Veronica Walker, Newman Library Branch Supervisor, Noted That The Library Was Open And Reviewed Upcoming Summer Library Programs And Events. Walker Explained That Story Time Would Resume In June And Mentioned That The Friends Of The Newman Library Would Be Hosting A Book Sale.
8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The April 26, 2022 Meeting.
d. Adopt Resolution No. 2022-26, A Resolution Requesting That The Board Of Supervisors Of Stanislaus County Consolidate The November 8, 2022 City Of Newman Municipal Election With The Gubernatorial General Election To Be Held On The Same Date. e. Adopt Resolution No. 2022-27, A Resolution Approving The City Of Newman’s Conflict Of Interest Code As Written And Without Amendments.
ACTION: On A Motion By McDonald Seconded By Ball, The Consent Calendar Was Approved By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT:
None; NOT PARTICIPATING: None.
9. Public Hearings
a. Second Reading And Adoption Of Ordinance No. 2022- , An Ordinance Amending Chapter
8.01, Garbage And Rubbish, Of Title 8, Health And Sanitation, Of The Newman Municipal Code To Regulate The Disposal Of Recyclable And Organic Materials And Authorize Staff To Publish A Summary Of Said Ordinance.
City Attorney Goldstein Reported That Currently, No Local Jurisdictions Had Filed Any Lawsuits Against The State Regarding Senate Bill 1383. Goldstein Noted That Said Bill Does Assume A Large Area Of Regulatory Compliance Requirements Because It Impacts Local Jurisdictions, Haulers, And Franchisees And Each Has Its Own Set Of Rules And Regulations. She Explained That The Bill Requires Every Municipality To Adopt An Ordinance For The Disposal Of Organic Waste. Goldstein Informed Council That Cal Recycle Would Be Enforcing Senate Bill 1383 And Indicated That The Council Options Were To Adopt The Ordinance As Presented Or Table The Item. She Pointed Out That Cal Recycle Will Eventually Start Issuing Citations For Noncompliance. Goldstein Made Clear That Cal Recycle Would Be Required To Give The City A Notice Of Violation With A Set Amount Of Time To Rectify The Problem And Indicated That Said Time Would Likely Be Long Enough To Pass The Proposed Ordinance.
Mayor Graham Continued The Public Hearing At 7:11 P.M.
Kari Thompson, 737 Black Mountain Lane, Asked For Clarification On The Proposed Ordinance.
Thompson Stated That It Was Her Understanding That There Were Options Regarding Senate Bill 1383 And They Were Either Adding An Additional Can Or Having The Disposal Company Sort Out The Waste For An Additional Charge.
City Manager Holland Stated Yes, There Were Two Options. He Indicated That Senate Bill 1383 Required The City To Either Provide An Additional Can For Organic Waste Or To Have The Hauler Sort The Waste. Holland Explained That The City Was Currently In A Franchise Agreement With The Existing Hauler And Pointed Out That The Hauler Does Not Sort Waste.
Kari Thompson, 737 Black Mountain Lane, Noted That The City Appeared To Be Beholden To The Haulers Structure And Not Necessarily The City’s Needs.
City Manager Holland Explained That If The City Chose To Go With The Sorting Option, They Would Have To Exit Out Of The Current Franchise Agreement With The Hauler.
Kari Thompson, 737 Black Mountain Lane, Noted That Some Residents Were Not Currently Sorting Their Recyclables. Thompson Indicated That It Would Be Ideal And More Equitable To Pay For Sorting By A Third Party.
Debbie Alan, 1520 “S” Street, Stated That She Only Has A Sixty Gallon Refuse Can And Does Not Fill It Now. Alan Expressed Concern For Seniors Living On A Limited Income And Noted That It Could Be A Burden For Them. She Mentioned That She Hoped The City Could Come Up With Another Option Instead Of Adding A Third Can.
There Being No Further Public Comment, Graham Closed The Public Hearing At 7:23 P.M.
Council Member McDonald Emphasized That He Would Vote Against The Proposed Ordinance.
Council Member Ball Explained That He Would Not Support Unfunded Mandates Especially When It Negatively Impacts The City’s Residents.
Council Member Pimentel Concurred With The Other Council Members And Indicated That He Was Not In Favor Of The Proposed Ordinance.
Council Member McDonald Stressed That The City Should Fight This Mandate.
ACTION: On A Motion By Pimentel Seconded By McDonald, Item 9.a. Was Tabled By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
10. Regular Business
a. Approve Fiscal Year 2022-2023 Annual Budget As Presented In The Preliminary Budget Document.
I. Adopt Resolution No. 2022-28, A Resolution Establishing Fiscal Year 2022-2023 GAAN Appropriations Limit.
ACTION: On A Motion By Ball Seconded By McDonald, The City Council Adopted Resolution No. 2022-28, A Resolution Establishing Fiscal Year 2022-2023 GAAN Appropriations Limit, Was Adopted By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None,
II. Adopt Resolution No. 2022-29, A Resolution Adopting The Budget For Fiscal Year 2022-2023.
ACTION: On A Motion By Pimentel Seconded By Ball, The City Council Adopted Resolution No. 2022-29, A Resolution Adopting The Budget For Fiscal Year 2022-2023., Was Adopted By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT:
None; NOT PARTICIPATING: None,
b. Adopt Resolution No. 2022-30, A Resolution Of The City Council Of The City Of Newman, California, Approving The Annual Report For The Lighting And Landscape Maintenance District For Fiscal Year 2022/2023.
ACTION: On A Motion By Ball Seconded By McDonald, Resolution No. 2022-30, A Resolution Of The City Council Of The City Of Newman, California, Approving The Annual Report For The Lighting And Landscape Maintenance District For Fiscal Year 2022/2023, Was Adopted By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
c. Adopt Resolution No. 2022-31, A Resolution Of The City Council Of The City Of Newman, California, Declaring Its Intention To Levy And Collect Assessments For The Lighting And Landscape Maintenance District For Fiscal Year 2022/2023.
Council Member McDonald Asked If The Public Would Be Notified About The Meeting.
Public Works Director Reyes Replied That Yes, There Would Be A Public Hearing And A Notice Would Be Posted In The Newspaper, On The City’s Website, On Social Media, And On The City Council’s Agenda.
ACTION: On A Motion By Pimentel Seconded By McDonald, Resolution No. 2022-31, A Resolution Of The City Council Of The City Of Newman, California, Declaring Its Intention To Levy And Collect Assessments For The Lighting And Landscape Maintenance District For Fiscal Year 2022/2023, Was Adopted By The Following Vote: AYES: McDonald, Ball, Pimentel, And Mayor Graham; NOES:
None; ABSENT: None; NOT PARTICIPATING: None.
d. Adopt Resolution No. 2022-32, A Resolution Of The City Council Of The City Of Newman Making Findings In Accordance With Government Code Sections 7522.56 & 21221 And Authorize The City Manager To Enter Into An Employment Agreement For Interim Public Works Superintendent Position With Lance Perry.
Council Member McDonald Asked Why He Would Retire If He Is Going To Be Working As An Interim Public Works Superintendent.
City Manager Holland Noted That This Was A Personal Decision Made By The Employee But Noted That It Would Now Allow Him To Work Part-Time.
Mayor Graham Pointed Out That Superintendent Perry’s Knowledge Was A Value To The City.
ACTION: On A Motion By Ball Seconded By Pimentel, Resolution No. 2022-32, A Resolution Of The City Council Of The City Of Newman Making Findings In Accordance With Government Code Sections 7522.56 & 21221 Was Adopted And The City Council Authorized The City Manager To Enter Into An Employment Agreement For Interim Public Works Superintendent Position With Lance Perry, By The Following Vote: AYES: Ball, Pimentel And Mayor Graham; NOES: McDonald; ABSENT: None; NOT PARTICIPATING: None.
11. Items From District Five Stanislaus County Supervisor.
Supervisor Condit Reported That He Had Participated In A Police Ride Along With Sergeant Williams And Noted That It Was A Great Experience. Condit Stated That During The Ride Along They Came Across Potholes On Canal School Road Near Inyo Avenue And Indicated That He Had Submitted Photos To Stanislaus County Public Works For Repairs. He Provided His Phone Number For The Public To Send Photos Of Potholes That Needed Repair. Condit Mentioned That He Attended The Recent Farmers Market And Commended Staff For A Great Event. He Provided An Update On Bradbury Road In Both Stanislaus And Merced Counties On How He Is Working To Get Said Road Up To Standards. Condit Pointed Out That The Stanislaus County Board Of Supervisors Had Recently Allocated Funding For Researching Health Care Facility Needs On The West Side And With The Goal Of Obtaining A Hospital Or After Hours Care Facility on The West Side. He Concluded By Stating That He Has Made Healthcare On The West Side A Priority.
Council Member McDonald Thanked Supervisor Condit For All His Efforts Related To Healthcare On The West Side.
Supervisor Condit Stressed That It Was Vital To The West Side To Have After Hours And Weekend Care For Residents Of The West Side.
Mayor Graham Thanked Supervisor Condit For His Continued Work Fighting For The West Side And The City Of Newman.
12. Items From The City Manager And Staff.
City Manager Holland Thanked Supervisor Condit For All His Efforts And For His Representation Of The City Of Newman. Holland Reported That He Fully Expected To Present The City Council With A New Property Tax Agreement Between The Cities And Stanislaus County Sometime In June. He Noted That There Had Recently Been A Fire At The Hills Ferry Road Property That The County Was In The Process Of Abating And Stated That Said Fire Could Have Potentially Been A Lot Worse.
Holland Mentioned That StanCOG Would Be Hosting A Virtual Public Workshop On June 16th Regarding The Regional Traffic Plan/Sustainable Community Strategy (RTP/SCS). He Pointed Out That There Were Eight To Ten Million Dollars Worth Of City Projects Scheduled To Be Completed Over The Next Twelve Months And Fifteen To Twenty Million Dollars Worth Of Projects Slated For The Next Twenty-Four Months. Holland Concluded By Stating That The Pavement Management Program Assessment Was Almost Complete And Would Soon Be Asking Council To Make Decisions On Priorities For The Next Phase Of Road Repairs.
Council Member McDonald Commended City Manager Holland’s Efforts.
Recreation Director/Community Liaison Mendoza Reported That The Farmers Market Events Were Entering Their Fourth Week And Noted That There Had Been As Many As Fifty-Two Booths At Said Events. Mendoza Noted That Youth Soccer Registration Had Begun And Thanked All The Summer Movie Night Sponsors. Mendoza Reminded Residents To Keep Weeds Under Control In Both Front And Back Yards.
Chief Richardson Thanked Supervisor Condit For His Support Of The Police Department And For Participating In A Ride Along With Sergeant Williams. Richardson Reported That The Etch And Catch Program Was A Continued Success With The Help Of Orestimba High School. He Mentioned That The Police Department Had Recently Hosted A Coffee With A Cop Event And Annual Animal Clinic. Richardson Noted That The Police Department Had Club Locking Devices For Vehicles And Child Proof Gun Locks Available.
Finance Director Humphries Reported That The Finance Department Would Soon Begin Working on The Annual Audit.
Chief Bowen Reported That There Had Been A Commercial Structure Fire Just Outside Of Town And Indicated That The Fire Department Was Able To Keep The Fire Contained To One Unit. Bowen Mentioned That Oil Soaked Rags Had Been The Source Of The Aforementioned Fire. He Explained That The Fire Department Would Be Conducting A Live Fire Training On June 12th. Bowen Informed Everyone That The Fire Department Was Continuing To Perform Annual Business Inspections.
13. Items From City Council Members.
Council Member Ball Thanked Staff For All Their Hard Work.
Mayor Graham Thanked Everyone For Attending The Council Meeting. Graham Wished Everyone A Happy Memorial Day And Thanked All The Veteran’s For Their Service.
14. Adjournment.
ACTION: On A Motion By Pimentel Seconded By Ball And Unanimously Carried, The Meeting Was Adjourned At 8:00 P.M.
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.d.
City Council Meeting
of June 20, 2022
AUTHORIZE CITY MANAGER TO ENTER INTO A CONTRACT WITH ECONOMIC & PLANNING
SYSTEMS, INC (EPS) TO UPDATE THE DEVELOPMENT IMPACT FEE PROGRAM RECOMMENDATION:
Staff recommends the Council authorize the City Manager to enter into a contract with Economic & Planning Systems, Inc. (EPS) to conduct a Development Impact Fee Nexus Study Update.
BACKGROUND:
The City of Newman (City) collects a variety of development impact fees from new development projects in the City. These impact fee programs are intended to mitigate new development's impact on the need for new backbone infrastructure and public facilities and provide a mechanism by which new development contributes its "fair-share" to construction of new facilities needed to accommodate growth.
Development impact fees can only be charged to new development and must be based on the impact of new development on public facilities. The intent of the proposed report and supporting document(s) is to establish the nexus (or reasonable relationship) between new development that occurs in the City and the need for additional public facility improvements as a result of this new development. The proposed development impact fee study is based on the standards identified in the City's General Plan and master planning documents, existing standards of service, and the City's planned capital facilities I improvements.
ANALYSIS:
The proposed study and supporting documents will serve as the basis for requiring development impact fees under Assembly Bill (AB) 1600 legislation, as codified by the Mitigation Fee Act (California Government Code sections 66000 et. seq.). This section of the Mitigation Fee Act sets forth the procedural requirements for establishing and collecting development impact fees. These procedures require that a reasonable relationship, or nexus, must exist between a governmental exaction and the purpose of the condition.
EPS is a highly reputable company that specializes in conducting these types of studies for cities throughout northern California and the Bay Area. Staff is confident they will produce an accurate and dependable fee program that will meet the standards set forth in AB 1600.
FISCAL IMPACT:
The cost of the study is $67,500 and will be recouped as impact fees are collected from future development.
CONCLUSION:
As new development occurs in the City, additional public facilities will be required to serve future residents and employees. The public facility costs, allocated to new development, reflect public facility improvements that are needed to accommodate future development while maintaining desired service level standards. The proposed study computes future development's share of future public facility improvement costs based on planned facilities or level of service standards as determined by the City related to some of the fee components and includes the outcomes of the technical analyses completed by other consultants for traffic, sewer, and water fee components (with references to the additional technical documents). The development impact fee programs will not fund the construction of public facility improvements required to cure existing level of service deficiencies. Staff recommends the Council authorize the City Manager to enter into a contract with Economic & Planning Systems, Inc. (EPS) to conduct a Development Impact Fee Nexus Study Update.
ATTACHMENTS:
1. Economic & Planning Systems (EPS) Development Impact Fee Nexus Study proposal.
Respectfully Submitted,
Michael E. Holland
City Manager
The Economics of land Cse
Economic & Planning Systems, Inc.
455 Capitol Mall, Suite 701
Sacramento, CA 95814
916 649 8010 tel
916 649 2070 fax
Oakland
Sacramento
Denver
Los Angeles
www.epsys.com
DRAFT
May 9, 2022
Michael Holland, City Manager
City of Newman
938 Fresno Street
Newman, CA 95360
Subject: City of Newman Development Impact Fee Nexus
Study Updates; EPS #222059
Michael Holland:
Economic & Planning Systems, Inc. (EPS) appreciates the opportunity to prepare an update of the City of Newman
(City)'s comprehensive development impact fee program
(Fee Program), which contains fees for 13 different
improvement types. EPS anticipates preparing one
development impact fee nexus study (Nexus Study) to provide the calculations and legally required findings needed to update all fees in the Fee Program, as was done when the most recent nexus study was prepared, but not adopted, in 2010.
EPS is a land economics consulting firm, experienced in the full spectrum of services related to real estate development, the financing of public infrastructure and government services, land use and conservation planning, and government
organization. EPS brings a wealth of experience and expertise to this project, having conducted hundreds of related studies for public- and private-sector clients, including development impact fee nexus studies, financing plans, market studies, fiscal projections, regional sales tax analyses, economic impact studies, redevelopment strategies, and public/private
negotiations.
The enclosed Proposed Scope of Work (Attachment A)
describes the work program to update the City Fee Program and prepare the Nexus Study.
Staffing
EPS Principal Amy Lapin will serve as Principal-in-Charge of this project, offering policy guidance and recommendations to the City and overseeing and guiding all aspects of the assignment.
Michael Holland
May 9, 2022 DRAFT
Amy brings nearly 2 decades of experience as an urban economist, providing objective analytical analysis and policy advisory services to guide decisions regarding land use development. Amy's experience includes projects related to public finance, fiscal and economic impact analysis, real estate market analysis and financial feasibility, economic development, and land use policy. Pertinent to the proposed work for the City, Amy has prepared dozens of public facility and urban services financing strategies, identifying requisite facilities and associated costs and equitable methods for assigning cost burdens to new development.
Recent and ongoing project experience includes public facility financing strategies for specific plans in Placer County, Sacramento County, and the City of Fresno, and establishing a series of new financing mechanisms to fund 200-year flood improvements in San Joaquin County.
EPS Senior Technical Associate Allison Shaffer will serve as Project Manager and will conduct the day-to-day work associated with preparing and updating the Fee Program and Nexus Study. Allison has worked on numerous nexus studies and possesses an in-depth knowledge of the technical components of development impact fee programs, including various cost allocation methodologies, inclusion of bond financing and credits and reimbursements, legal requirements, and fee program implementation and administration. Allison's recent past experience includes fee program updates and nexus study preparation for the Cities of Fresno, Woodland, and Roseville, and for specific plan areas in Sacramento, Rancho Cordova, and Woodland.
Additional EPS staff may assist in identifying, collecting, and analyzing data and preparing and producing documents.
Proposed Schedule and Budget
EPS is prepared to begin work on this project immediately and can complete the Nexus Study update on a schedule that meets the City's needs. Based on input from City staff, EPS anticipates the updated Fee Program and final Nexus Study can be implemented by the fall of 2022, contingent on the timing of obtaining necessary data inputs, the stakeholder outreach process, and City Council consideration of the updated impact fees.
The estimated budget to complete this work is $60,000 for the base tasks needed to prepare the Nexus Study. If an optional infrastructure cost burden comparison is included, the total budget would be $67,500. The table below details the estimated budget by task. Note that the budget estimates are preliminary and are subject to further discussion and negotiation.
EPS charges for its services on a direct-cost (hourly billing rates plus direct expenses), not-to-exceed basis; therefore, you will be billed only for work completed up to the authorized budget amount. If substantial additional work 2 Economic & Planning Systems, Inc. (EPS)
DRAFT Michael Holland
May 9, 2022
effort or meeting attendance is requested, EPS will seek authorization for additional budget with the understanding that the terms will be negotiated in good faith. EPS's Staff Hourly Billing Rates sheet is attached as Attachment B.
Task Proposed Budget
Task 1: Project Initiation and Project Management $4,000 Task 2: Data Collection and Compilation $10,000
Task 3: Preliminary Fee Calculation and Analysis $23,000 Task 4: Prepare Development Impact Fee Program Nexus Study $23,000 Subtotal $60,000
Optional Task 5: Prepare Infrastructure Cost Burden Comparison $7,500 Total $67,500
EPS appreciates your consideration of this draft proposal and looks forward to working with you to refine the proposed work program and associated budget.
Please review the enclosed work program and contact me at (916) 649-8010 if you have questions or require changes to this proposal.
Sincerely,
ECONOMIC & PLANNING SYSTEMS, INC. (EPS)
Amy R. Lapin
Principal
Attachments
Approved:
Michael Holland, City Manager, City of Newman
Economic & Planning Systems, Inc. (EPS)
Date
3 Attachment A
May 9, 2022 DRAFT
Attachment A
Project Understanding and Approach
The City has a Fee Program that includes a variety of development impact fees collected from new development in the City. These impact fees are intended to mitigate new development's impact on the need for new backbone infrastructure and public facilities and provide a mechanism by which new development contributes its "fair share" to construction of new facilities needed to accommodate growth. The City collects development impact fees for the following improvement types:
• Water Connection • Parks
• Water Treatment and Distribution • Police
• Sewer Connection • Fire
• Sewer Collection and Treatment • Community Buildings
• Storm Drainage • Government Buildings
• Traffic • Corporation Yard
• Wildlife
The City also collects an administration fee to fund administration of the fee programs. The City has asked EPS to prepare a scope of work to update all development impact fees.
The City will provide the currently available infrastructure master plans, as well as information on the two major development projects planned in the City. EPS assumes these data will provide detailed background about the infrastructure and facility needs for new growth and the level of new growth expected in the City.
In addition, EPS will work with City staff and review the City General Plan to develop level-of-service standards and facility requirements for the public facility needs for new development.
EPS's approach to developing a comprehensive fee program is based on understanding the local context and the technical and legal issues inherent in an impact fee study. This approach relies on a collaborative, iterative, and informed decision-making process. EPS combines sound technical analysis, grounded in legally defensible nexus arguments, with ongoing policy direction from the various stakeholders, including public agency staff and elected officials, the local public, and the development community.
4 Economic & Planning Systems, Inc. (EPS)
DRAFT Attachment A
May 9, 2022
Proposed Scope of Work
EPS has established the following proposed work program based on discussion with City staff and informed by EPS's experience on other similar projects.
Task 1: Project Initiation and Project Management
As the first step in performing the Fee Program update, EPS will compile and review relevant documents and data from the City, including the 2010 development impact fee study, the General Plan, the adopted budget, infrastructure master plans, the existing development impact fee schedule, development master plans, and City municipal code sections, as necessary.
In reviewing the documents, EPS will work with City staff to determine how to derive costs associated with new development required for all applicable facilities.
Following this review, EPS will have a kick-off meeting with City staff to initiate the project, discuss and identify data needs (beyond data already provided by the City), and discuss key technical and policy issues. The following topics may be discussed:
• Options for deriving costs associated with new development for each improvement type. Depending on the improvement type, options could include updating the most recent cost estimates to current dollars using cost inflation indices or obtaining revised costs from the City.
• Expected balance between development impact fee funding and other sources of infrastructure financing.
• Key infrastructure and public facilities required for development in the City and any area-specific considerations.
• Expected growth and development by land use.
• The preferred fee and land use categories to be included in the update process.
• Effective credit and reimbursement policy approaches and alternatives. • Options for phasing-in any proposed fee increases.
• Public outreach and stakeholder engagement.
• Other items of strategic importance identified by the City and EPS.
Following the initial meeting, EPS and City staff will participate in regularly scheduled conference calls to report progress and status of the analysis, to address any analytical issues or concerns encountered, and to solicit key decisions from City staff at appropriate junctures.
Economic & Planning Systems, Inc. (EPS) 5
Attachment A
May 9, 2022 DRAFT
This task includes an allowance for attendance at up to 4 video conference meetings during the project (including the kickoff meeting). If additional meetings are required, EPS will bill these meetings on a time-and-materials basis with prior authorization from the client.
Task 1 Meetings
• 4 video conference meetings.
Task 1 Deliverables
• Agendas for each meeting.
• Concise meeting summaries for each meeting/conference call.
Task 2: Data Collection and Compilation
Subtask 2.1: Develop Land Use Projections
EPS will review planning documents and work with the City to establish appropriate land use assumptions and growth projections. Land use projections and assumptions will be important for allocating capital improvement costs between new and existing development and land use categories. The City's development capacity under its General Plan and the associated growth and development assumptions used in developing the background master plans and technical documents will be critical considerations in developing the appropriate development forecasts. EPS will focus on appropriate land use categories to ensure they coincide with categories for which the City wants to impose development impact fees. EPS will also work with the City to establish the appropriate timeframe for land use projections in accordance with the identified capital improvements.
Subtask 2.2: Develop Infrastructure Requirements
For each Fee Program category, EPS will develop a list of the City's infrastructure and public facility needs to accommodate the levels of growth identified in the prior subtask. This infrastructure and public facility needs assessment will consider level-of-service standards set forth in the General Plan and elsewhere.
The list will identify prioritized public improvements and other relevant information.
The City will identify any projects included in the infrastructure and public facilities master plans that have been recently built, partially built, or have funding committed via specific development projects, grants, or other funding sources.
The City will identify all of the most recent master plans or technical studies that have been completed or are under way.
6 Economic & Planning Systems, Inc. (EPS)
DRAFT Attachment A
May 9, 2022
As part of this subtask, EPS will work with the City to collect information regarding impact fee fund balances available to offset infrastructure costs, as well as outstanding credit and reimbursement obligations and existing or planned bond financing that the updated Fee Program should recognize as contributing to overall costs to be funded through the Fee Program.
Subtask 2.3: Prepare Cost Estimates
With input from the City, EPS will develop cost estimates for all of the improvements identified in Subtask 2.2. Depending on the improvement type, the cost estimates may be derived by one of the following methods:
• Update the most recent cost estimates from backbone infrastructure and public facilities master plans and other City documents to current dollars using cost inflation indices.
• Obtain revised current cost estimates from the City.
In the event that cost estimates for some improvements require additional research and expertise to prepare, the following optional subtask would be included in the Work Program. If all cost estimates are able to be developed by applying cost inflation factors or are provided by the City, then the optional subtask will not be necessary.
OPTIONAL Subtask 2.4: Prepare Further Detailed Cost Estimates EPS understands that, given staffing and potential time constraints, the City may need EPS to complete some or all of the cost estimates for various projects not included in the master plans. In those circumstances, EPS will be prepared to assist the City in developing cost estimates for those facilities. Depending on the nature of the cost estimates required, either EPS will prepare the cost estimates itself or will engage a specialist cost estimator.
If EPS prepares cost estimates, they will be based on a review of comparable facilities constructed in other jurisdictions. For example, EPS may need to research the average construction prices for park improvements or fire and police stations.
Note that a budget has not been estimated for this optional subtask because it is unknown if this subtask will be required or the extent to which further work on cost estimates will be needed.
Task 2 Deliverables
• Table Set: Preliminary Land Use Assumptions and Fee Program Capital Improvement Cost Estimates.
Economic & Planning Systems, Inc. (EPS) 7
Attachment A
May 9, 2022 DRAFT
Task 3: Preliminary Fee Calculation and Analysis
EPS will prepare the nexus-based cost allocation necessary to develop a preliminary maximum development impact fee schedule for review by City staff for the following development impact fees:
• Water Connection • Parks
• Water Treatment and Distribution • Police
• Sewer Connection • Fire
• Sewer Collection and Treatment • Community Buildings
• Storm Drainage • Government Buildings
• Traffic • Corporation Ya rd
• Wildlife
Subtask 3.1: Determine Fee Program Approach and Methodology Several common approaches to calculating impact fees attributable to new development exist, including the following methodologies:
• Existing Facility Level of Service: This approach determines costs attributable to future development based on current facility inventory, demographic data, and the resulting existing service-level standard. Facility needs attributable to new development are then computed by applying current service-level standards and unit costs to future development projections.
• Facilities Master Plan Approach: Under this approach, the local agency identifies total facility needs through development of a facilities or infrastructure master plan and associated capital improvement program.
Impact fee calculations then must determine the appropriate proportion of planned future facilities attributable to demands generated by new development. This determination can be made via 2 distinct approaches:
An evaluation of existing deficiencies, and a nexus-based determination of the proportion of future facilities costs attributable to future development.
A cost allocation methodology that considers both existing and future facilities, as well as existing and future development levels, and allocates costs accordingly. This approach is useful for facilities where it is difficult to determine the appropriate distribution of costs between existing and future development and ensures that new development is not underwriting existing facility deficiencies.
The approach used to determine Fee Program costs may vary based on the specific infrastructure category or public facility under consideration, and in certain cases, a hybrid approach combining the 2 methodologies may be 8 Economic & Planning Systems, Inc. (EPS)
DRAFT Attachment A
May 9, 2022
appropriate. Based on the information available, EPS and City staff will identify the best approach to establish the facilities and costs to be funded by impact fee category.
Subtask 3.2: Prepare Cost Allocation Model
Based on the selected Fee Program approach(es) and using the land use assumptions and infrastructure needs compiled under the prior subtask, as well as the City's master plans and associated cost allocation identification, EPS will prepare a cost allocation model that appropriately assigns Fee Program costs to new development by land use category, net of any obligation of existing development.
The cost allocation models will first allocate the Fee Program costs between new and existing development. EPS will ensure that facility needs and costs associated with existing deficiencies in service levels are identified as such and are excluded from the Nexus Study. For each fee component, EPS will then allocate the development impact fee improvement program costs to the land use categories, using industry standard methods to determine the benefit derived by each land use. Infrastructure and public facilities allocation will be based on the relative contribution of each land use type to the demand for the related improvement cost category. For example, storm drainage facilities are typically allocated based on the impervious surface area generated by each land use category.
Subtask 3.3: Prepare Maximum Allowable Fee Calculation
Based on the above-described cost allocation model, EPS will establish the maximum allowable fee levels for each facility and land use category. EPS will also indicate the level of fee revenues expected from these maximum fees and, where applicable, the level of revenues required from other sources to complement the Fee Program revenues. EPS will provide a table set indicating the maximum fees by improvement type and land use for the City to review. The fees will include an administrative component to cover the cost of Fee Program implementation and administration.
EPS will discuss the maximum impact fee estimates with City staff and consider the outcomes in light of various issues, including (1) the relative scale of the fee increase under the maximum fees, (2) particular areas of policy concern over fee levels, (3) potential technical adjustments that would alter the maximum fee levels, ( 4) the prioritization of capital improvements and the potential to reduce the project list, (5) the opportunities to fund capital improvements through other mechanisms, and (6) the scale of funding required from other sources.
Based on these discussions, EPS may prepare revised fee schedules reflecting the adjusted, recommended impact fee levels. It is important to note that if the City ultimately implements fees at a level lower than the maximum justified fee levels, the City will need to identify alternative sources of funds to backfill resulting Economic & Planning Systems, Inc. (EPS) 9
Attachment A
May 9, 2022 DRAFT
Fee Program revenue shortfalls. EPS will advise the City regarding approaches to assuring that incentive programs and policy adjustments maintain nexus validity and meet Assembly Bill (AB) 1600 reporting requirements.
Note that California AB 602, which was adopted on September 28, 2021, requires that jurisdictions establish all development impact fees on a persquare-foot basis (including residential fees) beginning on July 1, 2022, or make findings that justify why per-square-foot fees would be infeasible. EPS will discuss the impacts of this requirement with the City and develop fees that comply with AB 602.
Task 3 Deliverables
• Table Set: Cost Allocations and Maximum Fees.
If needed, a second table set will be prepared to reflect any changes and revised maximum fees.
Task 4: Development Impact Fee Program Nexus Study
EPS will prepare a comprehensive report that will provide the key background information, the technical analysis, the recommended fee levels, the required nexus findings under the Mitigation Fee Act, and the implementation and administration framework. To the extent necessary, EPS will consult with City staff should it become necessary to defend the development impact fees because of legal or other challenges.
Subtask 4.1: Prepare Administrative Draft Report
EPS will prepare an Administrative Draft Fee Program Nexus Study documenting the Fee Program update process, approach, methodology, and policy alternatives for City consideration. The report will include individual technical sections documenting the method, assumptions, and calculation of the maximum allowable fee levels, as well as the requisite nexus findings. The report will also describe the Fee Program implementation.
All assumptions, analysis procedures, findings, graphics, and recommendations will be supported by rigorous technical analysis and will be documented in a clear, accessible, and transparent manner throughout the report and technical appendices. The report will discuss the applicable statutory and legal framework and reference supporting policy documents, including the General Plan and the infrastructure master plans.
The nexus methodology will satisfy AB 1600 requirements, offering the following findings for each fee component:
• Identify the purpose of the fee.
• Identify the use of the fee. If the use is financing public facilities, the facilities must be identified.
10 Economic & Planning Systems, Inc. (EPS)
DRAFT Attachment A
May 9, 2022
• Demonstrate a reasonable relationship between the fee's use and the type of development project on which the fee is imposed.
• Demonstrate a reasonable relationship between the need for a public facility and the type of development project on which the fee is being imposed. • Demonstrate a reasonable relationship between the amount of the fee and the cost of the public facilities attributable to development on which the fee is imposed.
Subtask 4.2: Prepare Public Review Draft Report
EPS will revise the Administrative Draft Fee Program Nexus Study according to a set of consolidated comments on the report from the City and will prepare a Public Review Draft Fee Program Nexus Study. EPS will also prepare an associated PowerPoint presentation that will be presented at a meeting of key stakeholders and at a City Council meeting.
The purpose of these meetings will be to relay the technical components of the analysis, identify key Fee Program variables affecting the maximum justified fee levels, answer questions, offer clarification, and solicit community and stakeholder input regarding the "optimal" fee level.
Subtask 4.3: Prepare Final Report
Once the technical analysis and recommended fees have been described and relevant feedback received, EPS will work with the City to determine a final recommended fee schedule and other Fee Program parameters. EPS will prepare a Final Fee Program Nexus Study reflecting any changes, which will be considered for adoption at a City Council meeting. Following the meeting, EPS will make any revisions that may be requested by the City Council.
Task 4 Meetings
• 1 in-person stakeholder meeting.
• 1 in-person City Council meeting.
EPS anticipates that 2 City Council meetings will be required for the City to update its fee ordinance. EPS has included attendance at one City Council meeting to be determined through discussions with City staff. EPS can be available to attend additional meetings and will bill additional meeting attendance on a time-and-materials basis.
Task 4 Deliverables
• Presentation materials for stakeholder and City Council meetings. • Administrative Draft Fee Program Nexus Study.
• Public Review Draft Fee Program Nexus Study.
• Final Fee Program Nexus Study.
Economic & Planning Systems, Inc. (EPS) 11
Attachment A
May 9, 2022 DRAFT
OPTIONAL Task 5: Infrastructure Cost Burden Comparison
An understanding of infrastructure and impact fee cost burdens for development projects in neighboring and similar jurisdictions can be a critical element of impact fee processes. Such comparisons help policymakers understand the competitive environment and development dynamics throughout the region and provide critical context that ensures reasonableness, consistency, and feasibility of the total development impact fee program.
EPS will prepare an infrastructure cost burden comparison with other comparable communities if the City decides it would like to have such a comparison included as part of the analysis to inform the feasibility of the proposed fees.
Task 5 Deliverables
• Table Set: Infrastructure Cost Burden Comparisons.
12 Economic & Planning Systems, Inc. (EPS)
Attachment B
2022 HOURLY BILLING RATES
Sacramento Office
Managing Principal $295-$310
Senior Principal $360
Principal $275
Executive/Senior Vice President $250
Senior Consultant $250
e Vice President $225
Senior Technical Associate $205
Senior Associate $195
Associate $175
Research Analyst II $140
Research Analyst I $100
Production and Administrative Staff $90
Billing rates updated annually.
City of Newman
Director of Public Works Office
Memorandum
Date: June 14, 2022
To: City of Newman City Council
From: Kathryn Reyes, Director of Public Works
Agenda Item: 8.e.
Subject: Agenda Item No. 8.d. - Adopt Resolution authorizing the City Manager, of the City of Newman or Designee to execute an agreement with the California Department of Transportation for the City of Newman "T" Street Corridor Improvement and Multi-Benefit Community Connectivity Plan
The City of Newman is eligible to receive Federal and/or State Funding for certain transportation planning related plans through the California Department of Transportation. The City of Newman and Civic Well, a nonprofit that provides disadvantaged communities with technical assistance, applied for a grant to study and plan the "T" Street Corridor. The City was awarded a grant in the amount of $313,496.00. The City has a 11.47% match of $35,957.00.
The project focus is two major corridors of Newman, "T" Street and Inyo Avenue with opportunities to improve the pedestrian environment for students and residents between the elementary, junior high, and high schools. The City ofNewman with its sub-applicant, Civic Well, will conduct a highly participatory, multifaceted community engagement process. The process will identify strategies to improve safety, mitigate impacts to adjacent property occupants, and promote active modes of transportation.
As part of the grant process a Resolution is required authorizing the City Manager of the City of Newman or Designee to execute the grant agreement and all documents.
Attachments:
1. Resolution Authorizing the City Manager to execute agreement with the California Department of Transportation
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN, CALIFORNIA,
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AGREEMENTS
WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF NEWMAN "T" STREET CORRIDOR IMPROVEMENT AND MULTI-BENEFIT
COMMUNITY CONNECTIVITY PLAN
WHEREAS, the City Council of the City of Newman (hereafter referred to as the "City Council") is eligible to receive Federal and/or State Funding for certain transportation planning related plans, through the California Department of Transportation; and WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be reimbursed through the Transportation Planning Grant Program; and
WHEREAS, the City of Newman wishes to delegate authorization to execute these agreements and any amendments thereto:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofNewman DOES HEREBY authorize the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 20th day ofJune, 2022 by Council Member , who moved its adoption which motion was duly seconded and was upon roll call carried and the resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City ofNewman,
County of Stanislaus, State of California
City of Newman
City Manager's Office
Memorandum
Date: June 6, 2022
To: City Council _ ~ /
From: Michael E. Hollan~
Agenda Item: 8.f.
Subject: Item No. 8.f. Approval of a formal response to Civil Grand Jury case #22-06GJ.
Th City of Newman received a package from the Stanislaus County Civil Grand Jury on May 13, 2022. The package contained a report title "Measure L Transparency" Stanislaus County Civil Grand Jury Case #22-06GJ. The report requests a response from the governing body within 60 days. Attached for your review, and approval, are copies of the Grand Jury report and a proposed response from the City Council.
June 6, 2022
Stanislaus Civil Grand Jury
Honorable Robert B. Westbrook
Post Office Box 3488
Modesto, CA 95353
Honorable Robert B. Westbrook
The City of Newman acknowledges receipt of the summary report from the Stanislaus County Grand Jury Case #22-06GJ - Measure L Transparency. On June 14, 2022, the Newman City Council reviewed and approved the attached responses to the findings and recommendations contained in the report.
Findings:
F7. The information currently on Newman's website does not give the public a clear understanding of the program, how the Measure L funds have been used, and future City plans for these funds.
Response: The City agrees with this finding.
F8. Newman does not have a public awareness program required by its MFA.
Response: The City agrees with this finding.
F9. Newman currently has no representative on the MLOC.
Response: The City agrees with this finding. The original member of the Committee resigned and it has been difficult to find a citizen to voluntarily drive to Modesto to sit on this committee.
Recommendations:
R7. Within three months after adoption by StanCOG of a standard for local websites, Newman should update its website to be in compliance.
Response: The City agrees with this recommendation.
P.O. BOX 787 • 938 FR.ESNO STR.EET ·NEWMAN, CA 95360 I PH (209) 862-3725 •FAX (209) 862-3199 I WWW.CITYOFNEWMAN.COM R8. Three months after adoption of a public awareness program by StanCOG, Newman should implement this program.
Response: The City agrees with this recommendation.
R9. Newman should appoint a representative to MLOC by October 31, 2022.
Response: The City agrees to make a concerted effort to advertise the vacancy on MLOC and to appoint a representative prior to October 31, 2022.
Thank you for the opportunity to respond to these findings and recommendations. If you have any questions, please feel free to contact me.
Regards,
Michael E. Holland
City Manager
P.O. BOX 787 • 938 FR_ESNO STREET• NEWMAN, CA 95360 I PH (209) 862-3725 •FAX (209) 862-3199 I WWW.CITYOFNEWMAN.COM Measure L Transparency
2021-2022 Stanislaus County Civil Grand Jury
Case # 22-06GJ
SUMMARY
The intent of the Stanislaus County Civil Grand Jury's (SCCGJ) inquiry into Measure L, the local transportation sales tax, was to gauge the transparency between the cities/County and the public regarding the use of public funds. In addition, SCCGJ examined whether the public information requirements of the Master Funding Agreements (MF A) were being followed. The cities of Hughson, Newman, and Oakdale were evaluated, as well as the Stanislaus Council of Governments (StanCOG), which is the administrator of the MF As.
SCCGJ finds that the cities of Newman and Hughson are not meeting the public information requirements of Measure L and changes to their respective websites are needed. The City of Oakdale is meeting the minimum requirements, however, additional information would be beneficial.
SCCGJ also finds that StanCOG is not adequately enforcing the public information requirements of Measure L. Minimum requirements and guidelines should be developed for the cities, County, and StanCOG to use on their respective websites. Furthermore, StanCOG should modify its internal procedures for determining compliance with the public information requirements, as well as adopt the required Public Awareness Program.
GLOSSARY
MFA . Master funding Agreement
MLOC Measure L Oversight Committee
SCCGJ Stanislaus County Civil Grand Jury
Stan COG Stanislaus Council of Governments
BACKGROUND
In November 2016, Stanislaus County voters approved a twenty-five-year, one-half cent sales tax known as Measure L: Local Roads First Transportation Funding Measure Ordinance #16-01.
Measure L began in fiscal year 2017-2018 and will remain in effect until 2041. Measure L funds are to be used exclusively for transportation improvements, such as road repair work, stop signs, traffic lights, bike paths, and sidewalks. Measure L funds may not replace other sources of funds previously used for traffic improvements, nor be used for new roads. While it was originally projected that the tax would raise $960 million over twenty-five years, or $38 million per year, the program has already raised over $166 million, ahead of projections. For example, in FY 2020-2021, over $56 million was collected. Since this is one of the largest voter approved sales taxes in County history, the proper, efficient, and effective administration of these funds is important to foster and maintain confidence in our public agencies.
Sixty-five percent of all funds are to be used locally as follows:
• Fifty percent to local streets and roads
• Ten percent to traffic management
• Five percent to bike/pedestrian improvements
The remaining thirty-five percent of the funds are broken down as:
• Twenty-eight percent for regional projects
• Seven percent for transit programs
StanCOG is the local agency which administers Measure L. All nine cities in the county, in addition to Stanislaus County, receive funds. Each of these agencies has an MFA with StanCOG containing requirements for making information about expenditures available to the public, as well as reports that must be filed with StanCOG.
The MF As for 2020-2025 contain three separate and distinct public information requirements for cities (see Article IV, Sections A(5) through A(7) as follows:
• Provide current and accurate information on its website regarding the expenditure of Measure L funds
• Post signage at each project in excess of $250,000 identifying it as funded in whole or part by Measure L
• Actively participate in a "public awareness program" in partnership with StanCOG to provide public information on Measure L activities
In addition to these public information requirements, the MF As also require the cities to provide StanCOG with information which includes, but is not limited to:
• Monthly revenue, expenditure, and cash balance reports • Quarterly "milestone" reports showing progress on projects • Annual program compliance reports
• Independently audited financial statements for the prior fiscal year regarding use of Measure L funds
During this investigation, SCCGJ reviewed who is the responsible party for enforcing compliance with the requirements of Measure L. The primary responsibility for enforcement of the MF As rests with the Stan COG policy board and the withholding of funds is the tool to enforce compliance. The responsibility of the Measure L Oversight Committee (MLOC) is to verify the results of the annual audits. The MLOC is composed of one citizen from each jurisdiction.
This is the third investigation of Measure L by SCCGJ. In 2018 and 2020, the overall implementation and use of funds by Ceres, Patterson, and Turlock were explored. Although regional and transit projects receive Measure L funds, this investigation concentrated on the local project portion of the program.
METHODOLOGY
While the MF As contain a number of reporting requirements for cities and StanCog, SCCGJ focused on three requirements:
1) How effectively is Stan COG enforcing the requirements for public information contained in the MFAs?
2) How are the cities of Newman, Hughson, and Oakdale informing their citizens about Measure L through their websites?
3) Are the cities and Stan COG participating in a public awareness program? During the investigation SCCGJ:
• Reviewe<l Ordinance #16-01 , which established Measure L • Reviewed the websites of Stan COG, Hughson, Newman, and Oakdale • Reviewed the 2020-2025 MF A's between StanCOG and the three cities above • Interviewed staff from each of the three cities and Stan COG • Reviewed StanCOG Annual Reports
• Reviewed letter from StanCOG Executive Director dated April 8, 2022, regarding public awareness programs.
DISCUSSION
Stan COG
StanCOG has a responsibility to the public to be transparent about the use of Measure L funds.
It is also responsible for the distribution of Measure L funds to the cities and County and to enforce the requirements of the MF As. Failure of a city or the County to comply with the requirements can result in the withholding of funds.
Each fiscal year all cities must submit to StanCOG:
• Capital _Improvement Program
• Roadway resurfacing map
• Traffic management plan
• Pedestrian and bicycle plan
• Other documents which identify all programs and projects the city intends to fund partially or fully with Measure L funds
A maintenance of effort calculation must also be submitted and verified by an independent audit.
This calculation ensures that Measure L funds have been used to increase, not substitute for existing funds. In addition to the monthly revenue and expenditure reports, the cities and county are also required to submit quarterly milestone reports, detailing their projects' progress.
During the course ofthis investigation, StanCOG's Measure L website was not operating properly. The current website, which became functional again in February 2022, contains links to an abundance of Measure L information, including annual reports, project updates, and monthly revenue and expenditure reports.
HUGHSON
• Hughson receives 1.26% of the Measure L sales tax from Stan COG • $1,209, 193 for streets and roads
• $241,839 for traffic management
• $120,919 for bike/pedestrian
• Total funding received through FY 2020-2021 was $1,571,951 • During the same time period it spent $698,291, primarily for streets and roads Hughson has chosen to save some of its revenue over several years in order to have sufficient funds for major road projects. Hughson's website contained only general information regarding Measure L, in addition to a press release and annual report from StanCOG for 2017-2018.
NEWMAN
Newman also receives 1.26% of the Measure L funds from StanCOG. Because its percentage is relatively small, Newman opted to borrow money from its general fund reserves, enabling the city to undertake projects up front rather than waiting years to accumulate the necessary funds.
Initially, $1.6 million was borrowed from the general fund reserve, which is to be paid back within five years. The City of Newman's share of revenue Measure L funds as of June 30, 2021, was:
• $1,209, 193 for streets/roads,
• $241,839 for traffic management
• $120,919 for bike/pedestrian improvements.
• Total funding received through for FY 2020-2021 was $1,571,951 Once these funds are paid back, the City of Newman anticipates it will borrow from its general fund reserves to finance additional Measure L projects.
When the investigation began, Newman's website contained no information on Measure L.
After interviews with Newman staff, the website was modified to contain:
• General information on Measure L
• A link to StanCOG's 2019-2020 Annual Report, which contains information on Newman's revenues and expenditures for that fiscal year .r· • The 2019-2020 annual letter from the MLOC reviewing the third-party audit for that fiscal year
• A link to a video at Stan COG which provides an overview of Measure L • A link to StanCOG's MLOC webpage
OAKDALE
Oakdale receives 3.86% of the Measure L funds from StanCOG. As of June 30, 2021, the City of Oakdale's revenue from Measure L was:
• $3,704,357 for streets/roads
• $740,871 for traffic management
• $370,436 for bikes/pedestrians
• Total funds received through FY 2020-2021 was $4,815,664 Oakdale's website contained the following Measure L information:
• A general description of Measure L
• A brief list of current, completed, and future projects • A link to Stan COG' s Measure L website
FINDINGS
Stan COG
Fl. The local website requirements of the MF As are very general and don't provide adequate guidance to the cities and County regarding website content.
F2. Despite information that was outdated or missing entirely from the Newman and Hughson websites, StanCOG did not enforce the MFA website posting requirements nor withhold funds from these jurisdictions.
F3. While it is impractical to enforce the percentage allocations between streets/roads, traffic management, and bike/pedestrian projects on an annual basis, StanCOG does not have a procedure in place to enforce these percentage allocations over the long term.
F4. StanCOG has not adopted a public awareness program with the cities/County as required in the MFAs.
HUGHSON
F5. The information currently on Hughson' s website does not give the public a clear understanding of the program, how Measure L funds have been used, and future city plans for these funds.
F6. Hughson does not have a public awareness program as required by its MF A.
NEWMAN
F7. The information currently on Newman's website does not give the public a clear understanding of the program, how the Measure L funds have been used, and future city plans for these funds.
F8. Newman does not have a public awareness program as required by its MF A.
F9. Newman currently has no representative on the MLOC.
OAKDALE
Fl 0. Oakdale' s website ha~ general information on Measure L overall, and limited information on current, completed, or future projects. ·
Fl 1. Oakdale does not have a public awareness program as required by its MF A.
F12. Oakdale's website has a link to StanCOG which is non-operational.
RECOMMENDATIONS
Stan COG
Rl. StanCOG should develop a minimum standard for the local websites by December 31, 2022, including a requirement that the information be updated bi-annually. Minimum requirements for local websites would include:
• A description of Measure L and the city's plan for these funds • Total revenues and expenditures over the life of the program • A list of past, current, and future projects with enough detail for the public to understand how the cities prioritize their projects
• A contact number for additional information
• A link to StanCOG for detailed information
R2. Stan COG should develop procedures to verify and enforce compliance with MF A requirements prior to disbursement of funds by December 31, 2022.
R3. StanCOG should discuss how the percentage allocations will be enforced over the long term with the local agencies by December 31, 202~, so that enforcement does not become impossible later in the program.
R4. Stan COG should adopt the public awareness program as required by the MF As by March 31, 2023.
HUGHSON
RS. Within three months after adoption by StanCOG of a standard for local websites, Hughson should update its website to be in compliance.
R6. Three months after adoption of a public awareness program by Stan COG, Hughson should implement the program.
NEWMAN
R7. Within three months after adoption by StanCOG of a standard for local websites, Newman should update its website to be in compliance.
R8. Three months after adoption of a public awareness program by StanCOG, Newman should implement the program.
R9. Newman should appoint a representative to MLOC by October 31, 2022.
OAKDALE
Rl 0. Within three months after adoption by Stan COG of a standard for local websites, Oakdale should update its website to be in compliance.
Rll. Three months after adoption of a public awareness program by StanCOG, Oakdale should implement the program.
R12. Oakdale's website link to StanCOG should be connected by December 31, 2022.
REQUEST FOR RESPONSES
The following responses are required pursuant to Penal Code §933 and §933.05. The SCCGJ requests responses from the following governing bodies within ninety days:
• City of Hughson City Council: FS, F6, RS, R6
• City of Newman City Council: F7, F8, F9, R7, R8, R9
• City of Oakdale City Council: FlO, Fl 1, F12, RlO, RH, R12 The above listed responses are required pursuant to Penal Code §933 and §933.05. The SCCGJ requests response from the following governing body within sixty days:
• StanCOG Executive Director: Fl, F2, F3, F4, Rl, R2, R3, R4.
Responses are to be submitted to:
The Honorable Robert B. Westbrook
Presiding Judge, Superior Court of California, County of Stanislaus ) P.O. Box 3488
Modesto, CA 95353
DISCLAIMER
Case #22-06GJ is issued.by the 2021-2022 Stanislaus County Civil Grand Jury with the following exception: a grand jury member recused voluntarily due to a perceived conflict of interest. The recused grand juror was excluded from all phases of the investigation, including interviews, deliberations, voting, and in writing and approval of this report. None of the information included in this report was obtained from the excluded grand juror as a means of mitigating a potential bias to the integrity of this report.
Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.
Honorable Mayor and Members
of the Newman City Council
Agenda Item: ~
Special City Council Meeting
of June 20, 2022
APPROVAL OF THE 2023-2026 CDBG COOPERATION AGREEMENT
RECOMMENDATION:
Adopt Resolution No. 2022- , Authorizing the City Manager to execute the 2023-2026 CDBG Cooperation Agreement with Stanislaus County
BACKGROUND:
Every three years, current participants as well as nonparticipating cities have an opportunity to enter into an agreement to become a part of a qualified urban county and be eligible to receive CDBG entitlement funds. The current Urban County members are the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Waterford, and Stanislaus County. The City of Newman has been a part of the Stanislaus County CDBG consortium since 2005.
Over the past seventeen (17) years, the City of Newman has received over $3 million dollars in CDBG funding.
This funding has allowed to City to partake in projects such as the Teen Center Computer Lab, Pioneer Park Rehabilitation and various Infrastructure projects improving Yolo, Fresno, Merced, P, Q, R, S and T Streets.
ANALYSIS:
The attached agreement allows Stanislaus County to receive entitlement funds as an "urban county" and disperse said funds to the CDBG Consortium in accordance with required population and poverty calculations. As a member of the CDBG consortium, the City ofNewman is eligible to receive approximately $510,000.00 (estimated based on past allocations) over the following fiscal years (2022/23, 2023/24 and 2024/25).
FISCAL IMPACT:
Positive, the City of Newman will benefit from an estimated $510,000.00.
CONCLUSION:
In order to continue membership with the CDBG Consortium, staff recommends that the City Council adopt Resolution No. 2022- , Authorizing the City Manager to execute the 2023-2026 CDBG cooperation agreement with Stanislaus County.
ATTACHMENTS:
1. Exhibit A - Resolution No. 2022- , Authorizing the City Manager to execute the 2023-2026 CDBG Cooperation Agreement with Stanislaus County
2. Exhibit B - 2023-2026 Cooperation Agreement
Respectfully submitted,
Michael Holland
City Manager
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMANAPPROVING A
COOPERATION AGREEMENT BETWEEN THE COUNTY OF STANISLAUS AND THE
CITY OF NEWMAN FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
WHEREAS, the County of Stanislaus ("County"), a political subdivision of the State of California, and the City of Newman ("City") a municipal corporation, desire to participate in the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities, or services; and WHEREAS, to qualify for CDBG funds under HUD eligibility guidelines, the County must have a population of at least 200,000 persons; and
WHEREAS, the City desires to continue to participate jointly with the County in said program; and WHEREAS, HUD requires that the parties enter into a Cooperation Agreement between the County of Stanislaus and the City of Newman for joint participation in the Community Development Block Grant Program and the Emergency Solutions Grant Program for the period of time from October 1, 2023 to September 30, 2026 to define their rights and obligations as a prerequisite to participation in the CDBG program; and
WHEREAS, the proposed Cooperation Agreement is consistent with the City and County General Plans and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and
WHEREAS, the proposed Cooperation Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the HUD's CDBG program under an "Urban County" entitlement; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available; and
WHEREAS, the City and County will enter into yearly Subrecipient Agreements which will establish administrative policies and procedures, performance standards, and guidelines for funding specific CDBG programs and projects; and
WHEREAS, the proposed Cooperation Agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City ofNewman, California, as follows:
1. The City Manager or his/her designee is hereby authorized to act on behalf of the City in connection with the implementation of the Cooperation Agreement, ongoing operation of the CDBG program, and other activities necessary to carry out the intent of the Cooperation Agreement.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 20th of June, 2022, by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City ofNewman,
County of Stanislaus, State of California
INTER GOVERNMENT AL COOPERATION AGREEMENT
STANISLAUS URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Three Year Agreement
October 1, 2023 To September 30,2026
This Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program for Federal Fiscal Years ("FY") 2023-2025 (which begins on October 1, 2023 and ends on September 30, 2026) ("Agreement") is made and entered into this _ _ day of __ , 202_ by and between the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford, each a municipal corporation of the State of California (individually a "City" and collectively, "Cities") and Stanislaus County through its Department of Planning and Community Development (the "County"). The Cities and the County are collectively referred to herein as the "Parties"; and, individually, a "Party".
WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled The Housing and Community Development Act of 1974, herein called the "Act." The Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and
WHEREAS, Title I of the Act is entitled "Community Development" and governs programs for housing and community development within metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services and public works programs; and
WHEREAS, the Community Development Block Grant Program (hereinafter referred to as "CDBG"), the HOME Investment Partnerships Act Program (hereinafter referred to as "HOME Program"), and the Emergency Solutions Grants Program (hereinafter referred to as "ESG") are consolidated under Title I of the Act (collectively, the "Programs"); funds from the Programs are referred to herein as "Program Funds"; and
WHEREAS, the Stanislaus Urban County (hereinafter referred to as "Urban County") formed in 2000 to receive entitlement CDBG and ESG funds. The Urban County includes the unincorporated areas of Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford; and
WHEREAS, since 1991, Stanislaus County has been a member jurisdiction in the City of Turlock/Stanislaus HOME Consortium (hereinafter referred to as the "Consortium") to obtain a direct allocation of funds under the Cranston-Gonzalez National Affordable Housing Act of 1990.
The Consortium includes the City of Turlock and all of the Urban County participants. In 2022, the City of Turlock notified the County that it was withdrawing as Lead Agency for the Consortium effective September 30, 2022. The County has agreed to take over as Lead Agency for the Consortium effective October 1, 2022.
WHEREAS, because Turlock opted out of the Urban County, Turlock is not entitled to receive any Program Funding under this Agreement. However, the County and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford have entered into or will enter into a separate Consortium Agreement relating to funding through the HOME Program ("Consortium Agreement"); and
WHEREAS, the CDBG regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the HUD for Program Funds, and cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive County effort; and WHEREAS, to have their populations counted and to be eligible for an allocation of grant funding, the Cities desire to participate jointly with the County in the Programs; and WHEREAS, as the Urban County applicant, the County must take responsibility and assume all obligations of an applicant under federal statues, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; and WHEREAS, by executing this Agreement, the Parties hereby give notice of their intention to participate in the Programs.
NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows:
1. Scope of Agreement. This Agreement covers the CDBG Entitlement program and, where applicable, the HOME Investment Partnerships (HOME) and Emergency Solutions Grants (ESG) Programs (i.e., where the Urban County receives funding under the ESG program, or receives funding under the HOME program as an urban county or as a member of a HOME consortium).
2. Full Cooperation and Affordable Housing. The County and the Cities, each as a cooperating unit of general local government, agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities.
3. Term of Agreement.
a. The term of this Agreement shall be for a period of three (3) years commencing on October 1, 2023 and ending on September 30, 2026 (Federal FY 2023-2025), for the County/City program years commencing on July 1, 2023 and ending on June 30, 2026. b. This Agreement shall remain in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. The County 2 and each City cannot terminate or withdraw from this Cooperation Agreement while it remains in effect.
c. By the date specified in HUD's Urban County qualification notice for the next three year qualification period, the Urban County will notify the City in writing of its right not to participate.
A copy of the County's notification to the jurisdiction must be sent to the HUD Field Office by the date specified in the Urban County qualification schedule.
4. Responsible Officers. The County's Chief Executive Officer is the responsible officer for the County, and the Director of the Stanislaus County Department of Planning and Community Development (hereinafter referred to as "Director") is hereby authorized to implement and administer Program activities and requirements on behalf of the County. The City Manager or his/her designee for each City is hereby authorized to act as the responsible officer for each City under the Programs.
5. Cities as Subrecipients.
a. Pursuant to the Act and 24 CFR 570.501(b), each City is subject to the same requirements applicable to subrecipients as set forth in 24 CFR 570.503. Where a City carries out an eligible activity funded by the Urban County, the Urban County and the City shall, prior to disbursing any Program Funds for any such activity or project, execute a written Subrecipient Agreement containing the minimum requirements found at 24 CFR 570.503. The Subrecipient Agreement must remain in effect during any period that the unit of local government has control over CDBG funds, including program income.
b. The written Subrecipient Agreement between the County and each City shall specify whether program income received is to be returned to the County or retained by the City.
Where program income is to be retained by the City, the Subrecipeint Agreement shall specify the activities that will be undertaken with the program income and that all provisions of the written agreement shall apply to the specified activities. (See 24 CFR 570.504).
6. Acknowledgement by Cities. By executing this Agreement, each City understands that it a) may not apply for grants from appropriations under the State CDBG Program for the fiscal years during the period in which it participates in the Urban County's CDBG program; and b) may receive a formula allocation under the HOME Program only through the Urban County.
7. Ad Hoc Committee and Panel.
a. Each Party to this Agreement (i.e., the governing body or its designee) shall designate one individual from its staff to serve on the ad hoc Technical Committee and the ad hoc Ranking Panel (each, a "Designated Representative"). An alternate may be designated to serve if the Designated Representative is unable to attend. Each Designated Representative shall act on behalf of and in an advisory capacity to its respective jurisdiction. 3 b. An ad hoc Technical Committee consisting of one (1) Designated Representative from the County and one (1) Designated Representative from each participating City may meet from time to time to review, aid in development, and provide recommendations on policies, procedures, and documentation required by HUD for the implementation and administration of Program Funds. The Technical Committee will facilitate distribution of information to residents within their respective jurisdictions and the opportunity to participate in the development of programs and priorities.
c. An ad hoc Ranking Panel consisting of (1) representative from the County, one (1) Designated Representative from each participating City may meet from time to time to review, evaluate, and rank projects proposing to be funded with Program Funds. The Panel shall convene as determined necessary by the County. Panel rankings will be used by the County in making recommendations for allocation and awarding of funding.
8. Consolidated Plan.
a. Each City shall assist the County by part1c1pating in the preparation of a Consolidated Plan pursuant to 24 CRF 91.1-91.600, which identifies community development and housing needs, projects and programs for each City, and specifies both short and long-term City objectives, consistent with requirements of the Act. The County agrees to: (1) include City projects the program application, and (2) take into consideration each City's priorities as submitted by each City.
b. The County has final responsibility for selecting CDBG (and, where applicable, HOME and ESG) activities and submitting the Consolidated Plan to HUD. However, since the County is a member of a HOME Consortium, as the lead Agency the County will approve the Plan for the entire geographic area encompassed by the Consortium prior to its submittal to HUD. The Parties hereto agree that the responsible entity with the final responsibility for analyzing needs, setting objectives, developing plans, selecting projects for community development and housing assistance, selecting CDBG Public Service and ESG programs to be funded, and filing the Consolidated Plan, and other plans and reports required by the Act, is the County. c. Each City understands and agrees that the County shall have final responsibility for selecting the Program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis. d. During the period of time during which the County has qualified as an Urban County, the Parties agree not to veto or otherwise obstruct the implementation of the approved Consolidated Plan during that three-year period and for such additional time as may be required for the expenditure of funds granted for that period.
9. Grant Eligibility. The Parties acknowledge that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during 4 which the Parties are participating in the Urban County CDBG entitlement program; and further, each City shall not be eligible to participate in the HOME, or ESG Programs except through the Urban County or the Consortium Agreement.
10. County Responsibility.
a. The County shall, as applicant, be responsible for holding meetings and preparing and submitting the required plans and applications for CDBG, HOME and ESG Program Funding as required by the Act and the applicable federal regulations. b. The County shall be the primary general-purpose local governmental unit pursuant to the Act. The County shall apply for grants, execute grant agreements, administer all funds received, and undertake or assist in undertaking essential community development and housing assistance activities. The County shall have the authority to carry out activities which will be funded from annual Program Funds covered by this Agreement. Records shall be kept by County in accordance with approved accounting procedures and said records shall be available for public inspection at all times. The County shall be responsible thereunder for the proper performance, implementation or monitoring of the plans and the Programs. c. The environmental effects of activities carried out with Program Funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The County is the responsible entity for the environmental review and each City agrees to assist the County by securing all information and documentation relating to projects within their respective jurisdictions under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), if required, including paying for consulting services and technical evaluations, and providing the same to the County for final review and approval.
11. City Responsibilities.
a. Each City agrees to undertake the necessary actions to support the County's efforts to obtain Program Funding, and to meet the requirements of the Programs under the Act and the applicable laws and regulations.
b. Each City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under the Consortium Agreement (when applicable), the Allocation Agreement(s), Subrecipient Agreement(s) and all Grant Agreements (collectively, Program Agreements").
12. Compliance with Urban County Certification and Applicable Laws. 5 a. The County and each City agrees to take all actions necessary to assure compliance with the Urban County's certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021 ), to be codified at 24 CFR 5 .151 and 5 .152, available at https://www.federalregister.gov I documents/2021/06/10/2021- 12114/restoring-affirmati velyfurthering-fair-housing-definitions-and-certifications. These requirements include the obligation to comply with section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968. The County and the Cities also agree to comply with other applicable laws. This Agreement prohibits Urban County funding for activities that do not affirmatively further fair housing within its own jurisdiction or that impede the County's actions to comply with the County's fair housing certification.
13. Program Funding
a. All funds received by the County pursuant to this Agreement shall be identified and allocated pursuant to HUD regulations and as described in the Annual Action Plan to the specific HUD approved projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended.
b. The County shall notify the participating Cities of the availability of the funds. It is understood by the Parties, hereto, the Program funds being used for the purposes of this Agreement are funds furnished to the County, through HUD, pursuant to the provisions of the Act.
Notwithstanding any other provision of this Agreement, the liability of the County shall be limited to Program funds actually received by the County. Each City understands that the County must wait for release of Program funds from HUD before the funds may be distributed. The County shall incur no liability to any City, its officers, agents, employees, suppliers, or contractors for any delay in making any such payments. All requests for payment requests must be made on forms approved by HUD and the County, with supporting documentation required by HUD and the County.
c. Program Administrative Costs may be allocated pursuant to 24 CFR 570.206 and applicable laws and regulations.
6 14. Public Services. An amount not to exceed fifteen (15) percent of the total annual CDBG funds, may be allocated for eligible public services, as defined in 24 CFR 570.201, and related projects. Eligible public services (labor, supplies, and materials) include but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare (but excluding the provision of income payments identified under 24 CFR 570.207(b)(4)), homebuyer down payment assistance, or recreational needs. (24 CFR 570.201(e)).
15. Program Income.
a. Program income shall be tracked received, expended and reported as required by 24 CFR 570.504 and applicable laws and regulations.
b. The County shall monitor the use of any program income. Each City shall maintain appropriate record-keeping and provide prompt reporting of program income.
16. Change in Use of Property. A City shall obtain the County's prior written approval to modify or change the use of real property acquired or improved in whole or in part using Program Funds, to a use which was not contemplated at the time of acquisition or improvement, including disposition. Such notification shall be made within six (6) months before the effective date of such proposed change of use, and any change in use shall comply with the provisions of 24 CFR 570.505.
17. Fair Housing Implementation. The Parties agree no Program funding shall be allocated or expended for activities in or in support of any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification.
18. Claims and Indemnification.
a. To the fullest extent permitted by law, a Party (including its employees, agents, elected officials and volunteers) whose act, omission, negligence, misconduct or other fault gives rise to any claim, loss, liability, cost or expense, including, but not limited to, reasonable attorneys' fees, court costs, penalties, claims for reimbursement and sanctions (hereinafter collectively referred to as "claims"), made by HUD or any third party shall defend and hold harmless the other Parties from and against any and all such claims.
b. Each City agrees to indemnify and hold harmless the County and each of their respective officers, directors, agents, designated representatives, employees and affiliates ("Indemnified Parties") from any all claims arising out of, or in any way related to any its negligence or wrongful acts, breach or failure to comply with the terms and conditions of this Agreement or the Program Agreements, or failure to comply with applicable law. The obligations under this provision are independent of all other rights or obligations set forth herein. This 7 indemnification provision shall survive the disbursement of the Award funds, as well as any termination of this Agreement or the Program Agreements.
19. Audit. Each City agrees to cooperate, at no cost to the County, in any audit of Program activities involving Program Funds received by that City, including not limited to preparing appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 24 CFR 200.51 O; promptly follow up and take corrective action on audit findings; comply with any corrective action plans issued in connection with the audit; and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required applicable regulations.
20. Default and Remedial Action. Pursuant to 2 CFR 200, et seq., if a Party fails to comply with any term( s) outlined in this Agreement or the Program Agreements, the County may take appropriate corrective or remedial action against the defaulting Party in accordance with 2 CFR 570.910.
21. Consolidated and Further Continuing Appropriations Act. No City may sell, trade, or otherwise transfer all of any portion of Program funds to another metropolitan city, Urban County, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives Program funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Act.
22. Allocation Agreement. For each fiscal year during the term ofthis Agreement, the County and each City may enter into an Annual Allocation Agreement, prepared jointly by the County and each City, which identifies the City's annual allocation of Program funds that the County will administer during that program year. The reimbursements made shall not exceed the amount of the annual allocation.
23. Amendments. Any amendments to this Agreement shall be in writing. Parties agree any such fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any related grant agreement or the regulations issued pursuant to the Act. Periodically, statutory or regulatory changes may require the County to amend this Agreement to add the new provision(s).
The County may draft a separate amendment to its existing agreements that includes the new provision( s) rather than drafting a new Cooperation Agreement that contains the new provisions.
However, the separate amendment must be executed by the City Manager of each of the Cities or his/her designee.
24. Compliance with Federal Regulations.
a. General. The Parties agree to take all actions necessary to assure compliance with the Urban County's certifications required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 8 1964, the Fair Housing Act, affirmatively furthering fair housing, Section 109 of Title I of the Housing and Community Development Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Act of 1970; and other applicable laws.
b. Citizen Participation. The Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with:
i) An estimate of the amount of Program funds proposed to be used for activities that will benefit persons of low and moderate income; and ii) A plan for minimizing displacement of persons as a result of Program - assisted activities and programs, and to provide assistance to such persons. c.
which:
Citizen Participation Plan. The Parties agree to follow a citizen participation plan i) Provides for and encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used;
ii) Provides citizens with reasonable and timely access to local meetings, staff reports, and other information relating to grantee's proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act; iii) Provides for meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2) review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation of handicapped persons; iv) Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable;
v) Identifies how the needs of non-English speaking residents will be met in the case of meetings where a significant number of non-English speaking residents can be reasonably expected to participate.
25. Conflict of Interest. No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee or any 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 contract, grant, loan, or cooperative agreement. 9 26. Influence. If any funds other than federally 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 shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
27. Certifications Disclosure. The Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into.
a. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101-144 (the 1990 HUD Appropriations Act), each Party certifies that it has adopted and is enforcing:
i) A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non-violent civil rights demonstrations; and
ii) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions.
28. Qualification Documentation. A fully executed copy of this Agreement, together with the approving resolutions of both the City and the County, shall be submitted to HUD by the County as part of its qualification documentation and the City does hereby give the County the authority to carry out Program activities and projects which will be funded from annual Program funds during the term of his agreement and from any Program income generated from the expenditures of those funds.
29. HUD Certification. Program recipients shall make all certifications required under 24 CFR 91.225 and applicable laws and regulations.
30. Maintenance of Records. Each City shall maintain records of activities for any projects undertaken pursuant to the Programs and said records shall be open and available for inspection by auditors assigned by HUD and/or the County on reasonable notice during the normal business hours of the City.
31. General Provisions.
10 a. Headings or captions to the prov1s10ns 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. b. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which any Consortium Member shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first class mail to the respective parties as set forth in Attachment 1 to this Agreement.
c. 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.
d. The Board of Supervisors and the City Council of each City shall authorize this Agreement. The Chief Executive Officer of the County or the City Manager of the City, or their authorized designees must sign this Agreement on behalf of their respective jurisdiction. This Agreement must include as attachments the authorizing resolutions from the governing body stating that the party signing the agreement has the authority to sign the Agreement. e. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
11 STANISLAUS COUNTY:
Jody Hayes
Chief Executive Officer
APPROVED AS TO CONTENT:
Angela Freitas, Director
Planning and Community Development Department
Angela Freitas
Director
Dated
OPINION OF COUNTY COUNSEL
The terms and provisions of this Agreement are fully authorized under Federal, State and local law. This Agreement provides that Stanislaus County will serve as Lead Agency under applicable laws and regulations; and that Stanislaus County has the authority to undertake, or assist in undertaking, essential community renewal and lower income housing assistance activities.
STANISLAUS COUNTY COUNSEL
Thomas E. Boze
G. Michael Ziman, Deputy County Counsel
12 CITY OF CERES:
By----------
Javier Lopez
Mayor
ATTEST:
By----------
Diane Nayares-Pere:z;
City Clerk
APPROVED AS TO CONTENT:
By -----------
Alex Terrazas
City Manager
APPROVED AS TO FORM:
By----------
Tom Hallinan
City Attorney
Dated
13 CITY OF HUGHSON:
By ----------
George Carr
Mayor
ATTEST:
By ----------
Ashton Gose
Deputy City Clerk
APPROVED AS TO CONTENT:
By ----------
Merry Mayhew
City Manager
APPROVED AS TO FORM:
By ~- ------ Daniel J. Schroeder
City Attorney
Dated
14 CITY OF NEWMAN:
By -----------
Casey Graham
Mayor
ATTEST:
By----------
Mike Maier
City Clerk
APPROVED AS TO CONTENT:
By -----------
Michael E. Holland
City Manager
APPROVED AS TO FORM:
By ~----------
Nubia Goldstein
City Attorney
Dated
15 CITY OF OAKDALE:
By----------
Cherilyn Bairos
Mayor
ATTEST:
By----------
Rouze Roberts
City Clerk
APPROVED AS TO CONTENT:
By----------
Bryan Whitemyer
City Manager
APPROVED AS TO FORM:
By-----------
Tom Hallinan
City Attorney
Dated
16 CITY OF PATTERSON:
By ----------
Dennis McCord
Mayor
ATTEST:
By ----------
Aracely Alegre
City Clerk
APPROVED AS TO CONTENT:
By -----------
Ken Irwin
City Manager
APPROVED AS TO FORM:
By -----------
Tom Hallinan
City Attorney
Dated
17 CITY OF RIVERBANK:
By ----------
Richard D. O'Brien
Mayor
ATTEST:
By ----------
Annabelle Aguilar
City Clerk
APPROVED AS TO CONTENT:
By - ----------
Marisela Garcia
City Manager
APPROVED AS TO FORM:
By ----------
Tom Hallinan
City Attorney
Dated
18 CITY OF WATERFORD:
By ----------
Jose Aldaco
Mayor
ATTEST:
Dated
By ----------
Patricia Krause
City Clerk
APPROVED AS TO CONTENT:
By _________ _
Michael G. Pitcock
City Manager
APPROVED AS TO FORM:
By ----------
Corbett Browning
City Attorney
19 Attachment 1
Member Notice Information
County of Stanislaus
Department of Planning and Community Development
Attention: Deputy Director
1010 Tenth Street, Suite 3400
Modesto, CA 95354
City of Ceres
Department of Planning and Building
2720 Second Street
Ceres, CA 95307
City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326
City of Newman
Department of Community Development
P.O. Box 787
Newman, CA 95360
City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361
City of Patterson
Department of Community Development
P.O. Box 667
Patterson, CA 95363
City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367
City of Waterford
City Manager's Office
P.O. Box 199
Waterford, CA 95386
20 /
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.h.
City Council Meeting
of June 20, 2022
APPROVAL OF A ONE YEAR HOME INVESTMENT PARTNERSHIP CONSORTIUM AGREEMENT FOR FISCAL YEAR 2022-2023
RECOMMENDATION:
Approve Resolution No. 2022- , Approving a one-year HOME Investment Partnership Consortium Agreement for Fiscal Year 2022-2023 with Stanislaus County and authorize the City Manager to execute said agreement.
BACKGROUND:
The City of Newman has been a part of the Stanislaus County HOME Investment Partnership Consortium for more than a decade. This proposed agreement is a one-year agreement that City to receive HOME funds for Fiscal Year 2022-2023.
ANALYSIS:
This agreement designates the City of Newman as a HOME sub-recipient of HOME funds for the 2022-2023 fiscal year. As a member of the HOME Consortium, the City ofNewman has been allocated $131,070 for term o this agreement.
FISCAL IMPACT:
Positive, the City of Newman will benefit from $131,070 in HOME funding.
CONCLUSION:
Staff recommends that the City Council approve a one-year HOME Investment Partnership Consortium Agreement for Fiscal Year 2022-2023 with Stanislaus County and authorize the City Manager to execute said agreement.
ATTACHMENTS:
1. Resolution No 2022- , Approving a one-year HOME Investment Partnership Consortium Agreement for Fiscal Year 2022-2023.
2. Stanislaus HOME Investment Partnership Program Consortium Agreement for Fiscal Year 2022-2023.
Respectfully submitted,
Michael Holland
City Manager
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN
APPROVING THE HOME INVESTMENT PARTNERSHIP CONSORTIUM AGREEMENT FOR FISCAL YEAR 2022-2023
WHEREAS, the County of Stanislaus ("County"), a political subdivision of the State of California, and the City of Newman ("City") a municipal corporation, desire to participate in the HOME Investment Partnership Program administered by the U.S. Department of Housing and Urban Development ("HUD"); and
WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households; and
WHEREAS, HUD requires that the parties enter into a Consortium Agreement for participation in the HOME Investment Partnerships Program for the period of time from October 1, 2022 to September 30, 2023 to define their rights and obligations as a participant in the Program; and WHEREAS, the proposed Consortium Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and
WHEREAS, the proposed Consortium Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the U.S. Department of Housing and Urban Development's HOME Investment Partnership program; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available; and WHEREAS, the City and County enter into yearly subrecipient agreements which establish administrative policies and procedures, performance standards, and guidelines for funding specific programs and projects; and
WHEREAS, the proposed Consortium Agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act ("CEQA") and the City's CEQA Guidelines.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City ofNewman, California, as follows:
1. The City Council hereby approves and authorizes the City Manager to execute the HOME Investment Partnership Consortium Agreement with the County and participating Cities to enable joint participation in HUD's HOME program in the form attached hereto as Exhibit "A".
2. The City Manager is authorized and to act on behalf of the City in connection with the implementation of the Consortium Agreement, ongoing operation of the HOME program, and other activities necessary to carry out the intent of the Consortium Agreement.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 20th of June, 2022, by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST:
Mayor of the City of Newman
City Clerk of the City of Newman
STANISLAUS
HOME INVESTMENT PARTNERSHIPS PROGRAM
CONSORTIUM AGREEMENT
One Year Agreement
October 1, 2022 To September 30, 2023
This Stanislaus Home Investment Partnerships Program Consortium Agreement ("Agreement") is between the Cities of , Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford, each a municipal corporation of the State of California (individually a "City" and collectively, "Cities") and Stanislaus County through its Department of Planning and Community Development (the "County"). The Cities and the County are collectively referred to herein as the "Consortium," or the "Stanislaus HOME Consortium," or the "Parties"; and, individually, "Consortium Member" or "Party".
WHEREAS, Parties agree that it is desirable and in the interests of their citizens to secure approval by the federal government to be considered as a consortium under the federal HOME Program operated by the U.S. Department of Housing and Urban Development ("HUD") as authorized under the HOME Investment Partnerships Act, Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended (hereafter collectively referred to as the "Act")· and ' '
WHEREAS, Title II of the Act creates the Home Investment Partnerships Program (hereinafter "HOME") that provides funds to states and local governments for acquisition, rehabilitation, new construction of affordable housing, and tenant-based rental assistance; and WHEREAS, the Act provides that units of local government that are geographically contiguous may form a consortium for the purposes of receiving an allocation to participate in the HOME Investment Partnerships Program (hereinafter "HOME Program") to be funded by HUD; and,
WHEREAS, the proposed level of federal funding is unlikely to provide grants to individual municipalities, but by cooperating in a consortium they may as a group become eligible participants in the HOME Program; and,
WHEREAS, the consortium of geographically contiguous local governments has notified HUD of their intention to participate in the HOME Program; and, WHEREAS, this Agreement constitutes an intergovernmental agreement under California law which meets the criteria pursuant to 24 CFR Part 92.101, and the Consortium Members are authorized to enter into and adopt this Agreement by their respective legislative bodies; and, WHEREAS, the Parties wish to enter into this Agreement to authorize the County to act in a representative capacity for the Cities for the purposes of ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of 24 CFR Part 92 (24 CFR
92.101(a)(2)(ii); and,
WHEREAS, under 24 CFR 92.101, the Consortium's qualification as a unit of general local government generally continues for a period of three successive federal fiscal years. As required by applicable regulations, to align the Community Development Block Grant (hereinafter "CDBG") and HOME qualification cycles, the parties agree that the term of this agreement shall for a period of one (1) year, from October 1, 2022 to September 30, 2023; NOW, THEREFORE, the Parties hereby enter into this Agreement for the purposes of receiving an allocation from the HOME Program and agree to cooperate to undertake or to assist in undertaking housing assistance activities for the HOME Program.
1. Consortium. This Consortium shall be known as the Stanislaus HOME Consortium. The Consortium Members agree to cooperate to undertake or assist in housing assistance activities for the HOME Program, and affirmatively support and enforce fair housing laws and regulations.
2. Lead Agency. The County shall be designated as Lead Agency of the Consortium to act in a representative capacity for all member units for the purposes of the HOME Program. The County will assume overall responsibility for ensuring that the Consortium's HOME Program Activities are carried out in compliance with HOME rules, including requirements relating to the Consolidated Plan. No Member of the Consortium may obstruct the implementation of the Consortium's approved Consolidated Plan.
3. Designated Representatives.
a. Each Consortium Member (i.e., the governing body or its designee) shall designate one individual from its staff to serve on the ad hoc Technical Committee and the ad hoc Ranking Panel (each, a "Designated Representative"). An alternate may be designated to serve if the Designated Representative is unable to attend. Each Designated Representative shall act on behalf of and in an advisory capacity to its respective jurisdiction. Additionally, each Consortium Member may select one (1) member of the public within its jurisdiction with experience and knowledge relating to affordable housing to serve on the ad hoc Ranking Panel ("Public Representatives").
b. An ad hoc Technical Committee consisting of one (1) Designated Representative from the County and one (1) Designated Representative from each participating City will meet from time to time to review, aid in development, and provide recommendations on policies, procedures, and documentation required by HUD for the implementation and administration of the HOME Program. The Technical Committee will facilitate distribution of information to residents within the respective jurisdictions of the HOME Consortium concerning community housing needs and the opportunity to participate in the development of programs and priorities. c. An ad hoc Ranking Panel consisting of ( 1) representative from the County, one ( 1) Designated Representative from each participating City, and selected Public Representatives, will meet from time to time to review, evaluate, and rank proposals for designation of a CHDO and projects proposing to be funded with HOME funds. The Panel shall convene as determined necessary by the County. Panel rankings will be used by the County in making recommendations for allocation and awarding of funding. The representatives from local agencies shall be selected by the County with input from the Technical Committee.
2 4. One Year Qualification Period.
a. This Agreement is for funding HOME Program activities for the 2022/2023 federal fiscal years (October 1, 2022 to September 30, 2023) or until the HOME program funds for the one-year qualification period are closed out pursuant to 24 CFR 92.507, whichever is later. In accordance with 24 CPR 91.402, all units of general government that are Consortium Members must be on the same program year that starts on each July 1st for CDBG, HOME, and Emergency Solutions Grants programs ("ESG").
b. Although the current qualification period for the Consortium is one (1) year, members have an obligation to abide by HOME requirements throughout the period of affordability for funded projects.
5. Program Year. The Program Year for the start date for the Consortium is the commencement of the fiscal year of the Consortium Members, which begins on July 1, 2022.
6. Consolidated Plan. The County, on behalf of this Consortium, shall submit to HUD a single, unified Consolidated Plan, which describes the Consortium's strategy for addressing housing, homeless and supportive housing needs and Citizen Participation Plan. The Consortium shall also submit to HUD Annual Action Plans, Consolidated Annual Performance and Evaluation Reports ("CAPERs") and other reports, as required by HUD. Per regulation, all Consortium plans and reports shall contain goals and accomplishments for the Consortium.
7. Allocation of Funds.
a. The Consortium Members shall be notified by the County of the availability of HOME Program funds for the Consortium. These funds shall be allocated to individual Consortium Members and will be required to be committed to an approved project within six (6) months from July 1 of each year, unless such deadline is extended by the County. An approved project shall be a project included within a HUD certified Annual Action Plan approved by the County. Funds will be considered committed if they are under a fully executed agreement that has been reviewed by and determined adequate by the County, and the environmental determination for the project has been certified by the County. All proposed projects will be submitted to the County for the upcoming fiscal year by January 1 of each year. A City shall not proceed to commit funds without the County's approval of the project and completion of the environmental review.
If funds are not committed within the deadline established by the County, then the funds shall revert back to the County for use in an eligible HUD program as determined by the County. b. If a Consortium Member opts not to accept its annual pro rata share of available HOME Program funds, it must provide written notification to the County. The allocation will be redistributed among all remaining HOME Consortium Members per their pro rata share. A Consortium Member that returns its allocation remains a member of the Consortium. c. When a shared consultant/service provider is hired on behalf of the Consortium, the costs will be shared on a pro-rata basis. This share will be calculated based on the annual Consortium Members' collective annual HOME allocation. Consortium Member's pro-rata annual 3 HOME allocation will be reduced by each Consortium Member's cost share. The decision to hire shared consultants/service providers shall be at the sole discretion of the County.
8. Program Income.
a. Program income must be deposited in the participating jurisdiction's HOME Investment Trust Fund local account unless the participating jurisdiction permits the subrecipient to retain the program income for additional HOME projects pursuant to the written agreement required by 24 CFR 92.503 and 504.
b. The County shall be responsible to track and determine the use of any Program Income it receives in accordance with applicable laws and regulations (See 24 CFR 92.503(a)).
9. Matching Funds. Each Consortium Member will be responsible for providing its pro-rata share of matching non-federal funds not previously used each time it makes a draw against its allocation of federal funds from the HOME Program (See 24 CFR 92.218).
10. Non-Appropriation. In the event funds are not appropriated to the HOME program, HUD guidance shall be followed. If grant closeout is required, the County will be responsible for grant close-out, and each City shall cooperate in the effort. The Consortium Members will be responsible for maintaining compliance on previous HOME-funded units.
11. County's Responsibilities. Each City hereby authorizes the County to act on its behalf in any way required to comply with this Agreement and applicable laws and regulations. The County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis. The County agrees to:
a. Prepare the Consortium's Five-Year Consolidated Plan and Annual Action Plans. b. Prepare the Consortium's CAPER.
c. Prepare applications, request for proposals, and contract templates for Community Housing Development Organizations ("CHDO"). Publish Public Notices on CHDO funds. d. Monitor Consortium Members and CHDOs and prepare monitoring tools. The County has the right and responsibility to monitor and assure compliance with all HOME requirements during the project implementation and the affordability period. e. Coordinate/chair Consortium meetings, and prepare, maintain and disseminate agendas, minutes, and records.
f. Coordinate/chair public hearings and publish notices. g. Process agenda items (i.e., plans, intergovernmental agreements, contracts) through the Stanislaus County Board of Supervisors.
4 h. Submit Requests for Release of Funds documents to HUD on behalf of Consortium Members. Transmit Authority to Use Grant Funds documents from HUD to Consortium Members.
1. Process project setups, revisions, and completion reports.
J. Process reimbursement requests from County funds and process drawdowns from HUD.
k. Prepare Consortium financial reports and reconcile with HUD's financial data.
1. Calculate annual Consortium allocation.
m. Coordinate reallocation of funds when necessary.
n. Provide technical assistance to Consortium Members as needed. o. Facilitate audits and/or monitoring with HUD and State Auditor General. p. Maintain all applicable Stanislaus HOME Consortium application, implementation, and financial files for HOME and CHDO activities. In addition, the County will maintain all files associated with monitoring and reporting to HUD. The County will maintain these administrative and programmatic files according to the current applicable State and Federal record retention schedule and regulations.
q. Procure and contract with shared consultant/services. r. Maintain a Programmatic Agreement with the State Historic Preservation Office ("SHPO") for Section 106 reviews per Part 58, contingent upon SHPO approval. s. Perform market study to determine annual HOME homeownership value limits and submit to HUD for approval.
t. Serve as the "Certifying Officer" with respect to environmental matters on all Consortium-funded projects. However, no funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request for release of funds and related certification, except as authorized by 24 CFR part 58. (24 CFR 92.352). u. The County shall receive and allocate administrative funds as set forth in applicable HOME regulations.
12. City Responsibilities. The Cities agree to:
a. Develop criteria for project selection and guidelines for implementation within HUD statutes and regulations.
b. Complete required reports for project set-up and completion; process Deeds of Trust.
5 c. Review and submit reimbursement requests for its sub-recipients. d. Track payments for each project, and submit reimbursement requests to the County for payment.
e. Provide information and data for the Consolidated Plan, Annual Action Plans, CAPERs and other reports as required by HUD by the date and in the format specified by the County.
f. Support the objectives of the Consortium's Citizen Participation Plan and the Consolidated Plan.
g. Provide general project oversight for projects within the Consortium Member's jurisdiction.
h. Attend and participate in the work of the ad hoc Consortium Technical Committee meetings and Review Panel meetings. Telephonic or attendance by video conferencing is acceptable.
1. Participate in Consortium training sessions for subrecipients as necessary. j. Assist the County in conducting appropriate environmental reviews for all projects in accordance with 24 CFR part 58.
k. Assist the County in completing appropriate environmental clearance documents for all projects, including CHDO projects, administered by the Consortium Member.
I. Publish notices when appropriate. Consortium Members will submit any Request for Release of Funds documents to the County for review and forwarding to HUD. m. Submit all financial reimbursement requests, revisions, and completion reports to the County using the County's approved forms. Each Consortium Member is responsible for requiring that each of its subrecipients follow the terms and conditions of this Agreement, the Project Agreements and the procedures and time involved for processing activity reimbursement approvals, draws, and payments. Each Consortium Member shall request drawdowns of funds from the County for all activities within its jurisdiction with proper documentation including proof of payment and updated match log. Each Consortium Member shall process and submit reimbursement requests in a timely manner and facilitate the reimbursement process by providing complete and accurate information.
n. Report, retain, account for, and expend program mcome generated m their jurisdictions per federal regulations.
o. Maintain all applicable application, implementation, financial, and program files.
The Consortium Member will maintain these administrative and programmatic files according to the current applicable State and Federal record retention schedule and regulations. No records shall be destroyed by a Consortium Member without obtaining prior written authorization from the County.
6 p. Monitor rental properties in respective jurisdictions at the specified intervals throughout the period of affordability and submit monitoring reports to the County. q. Carry out activities in compliance with HUD rules and regulations and the requirements of the HOME Program including the provisions of 24 CFR 92.504( c )(2). r. Notify the County of their willingness to participate in a Programmatic Agreement with SHPO for the Stanislaus HOME Consortium.
s. Act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all applicable Allocation Agreements, Subrecipient Agreements, and Grant Agreements ("Program Agreements"). Each City further agrees that it shall fully cooperate with the County in all things required by applicable law and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its regulations.
13. Compliance with Applicable Laws.
a. The Parties acknowledge and agree that some existing programs may need to be modified if they are to be carried out with HOME funds, but the Consortium's activities do not impact CDBG-funded programs.
b. Each Consortium Member agrees to affirmatively further fair housing as required by 24 CFR Part 91.425(a)(l)(i) and agrees to participate in any HUD-required analysis of fair housing or assessment of fair housing. The Parties agree to comply with all applicable state and federal laws, rules, and regulations regarding equal opportunity, equal access, non-discrimination, and affirmative action.
c. The Consortium shall comply with applicable California open meeting (when applicable), public records, ethics laws and all other applicable laws and regulations. d. The environmental effects of activities carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The applicability of the provisions of24 CFR part 50 or part 58 is based on the HOME project (new construction, rehabilitation, acquisition) or activity (tenant-based rental assistance) as a whole, not on the type of the cost paid with HOME funds. The County is the responsible entity for the environmental review and each City agrees to assist the County by securing all information and documentation relating to projects within their respective jurisdictions under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), if required, including paying for consulting services and technical evaluations, and providing the same to the County for final review and approval. e. Each Consortium Member must adopt and follow affirmative marketing procedures and a minority outreach programs as required by 24 CFR 92.351. 7 f. Consortium Members shall comply with applicable conflict of interest provisions, including 24 CFR Part 85 and those contained in 24 CFR 92.356. g. The County, as Lead Agency, shall monitor Program actlv11Ies so that the Consortium's HOME Program is carried out in compliance with HUD rules and regulations and the requirements of the HOME Program. These requirements include a Consolidated Plan in accordance with HUD regulations 24 CFR Parts 91 and 92 and the requirements of24 CFR 92.350 and all related regulations and notices required by HUD for administration. As Lead Agency, the County shall be responsible for the administration of the Consortium HOME funds. As such, the County has been designated the Participating Jurisdiction by HUD in the HOME Program. h. The requirements of 2 CFR part 200 apply to this Agreement, except for the following provisions: 200.306, 200.307, 200.308 (not applicable to participating jurisdictions), 200.311 (except as provided in 92.257), 200.312, 200.329, 200.333, and 200.334. The provisions of 2 CFR 200.305 apply as modified by 92.502(c). If there is a conflict between definitions in 2 CFR part 200 and 24 CFR part 92, the definitions in 24 CFR part 92 shall govern. i. The requirements of 24 CFR 92.252 shall apply to affordable housing/rental units. j. The requirements of 24 CFR 92.300 and 92.301 shall apply to allocations for housing programs to be owned, developed or sponsored by community housing development organizations (CHDO programs).
k. The requirements of 40 CFR Subpart H - Other Requirements, are applicable to this Agreement, including:
68.200 Recordkeeping.
68.210 Availability of information to the public.
68.215 Permit content and air permitting authority or designated agency requirements.
68.220 Audits
1. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.
14. Default and Remedial Action. Pursuant to 2 CFR 200, et seq., if a Consortium Member fails to comply with any term(s) outlined in this Agreement or the Program Agreements, the County may take corrective or remedial action against the Member in accordance with 24 CFR
92.551 and 24 CFR 92.552.
15. Claims and Indemnification.
a. To the fullest extent permitted by law, a Party (including its employees, agents, elected officials and volunteers) whose act, omission, negligence, misconduct or other fault gives rise to any claim, loss, liability, cost or expense, including, but not limited to, reasonable attorneys' fees, court costs, penalties, claims for reimbursement and sanctions (hereinafter collectively 8 referred to as "claims"), made by HUD or any third party shall defend and hold harmless the other Parties from and against any and all such claims.
b. Each City agrees to indemnify and hold harmless the County and each of their respective officers, directors, agents, designated representatives, employees and affiliates ("Indemnified Parties") from any all claims arising out of, or in any way related to any its negligence or wrongful acts, breach or failure to comply with the terms and conditions of this Agreement, or failure to comply with applicable law. The obligations under this provision are independent of all other rights or obligations set forth herein. This indemnification provision shall survive the disbursement of the Award funds, as well as any termination of this Agreement.
16. Audit. Each City agrees to cooperate, at no cost to the County, in any audit of Program activities involving Program Funds received by that City, including not limited to preparing appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 24 CFR 200.51 O; promptly follow up and take corrective action on audit findings; comply with any corrective action plans issued in connection with the audit; and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required applicable regulations.
17. Reallocation of Funds. During administration of the HOME Program, the Consortium may determine that there are circumstances under which reallocation of certain Consortium Member(s) and/or CHDO(s) HOME Program Funds is necessary. Reallocation may be made by the County or as set forth in 92 CFR 450 et seq.
18. Withdrawal/New Members.
a. Except as provided by law, no Consortium Member may withdraw from the Consortium while the Agreement remains in effect. If a Consortium Member elects to withdraw from the Consortium, written notification must be provided to the County prior to the renewal date.
The County will notify HUD of the Consortium Member's withdrawal from the Agreement/Consortium. The Consortium Member shall be withdrawn effective on the first business day of the renewal period.
b. New Members may be added to the Consortium upon consent of a simple majority of the Consortium Members. When a new Member is added, the Agreement will be amended accordingly; and the Parties agree to execute such further instruments as may be reasonably required to effect such amendment. The Agreement will be amended in the federal fiscal year before the year in which the new Member is to be added.
19. Departing Consortium Member. In the event a Consortium Member elects to no longer participate in the Consortium, such decision is effective only at the conclusion of the qualification period. The following duties and obligations will be required with respect to those Consortium funds controlled by the departing Consortium Member:
a. Planning and Reporting.
i) The departing Consortium Member shall use its own Citizen Participation Plan for all Consortium-funded projects committed after the date of separation. The departing 9 Consortium Member shall maintain all appropriate reports as described in the Agreement, on all Consortium-funded projects for the entirety of each project's respective affordability period. ii) The departing Consortium Member shall remit these reports to the County upon request.
b. Monitoring.
i) The departing Consortium Member shall maintain separate records for all Consortium-funded projects in accordance with the applicable Consortium policy and shall provide these reports to the County upon request.
ii) The departing Consortium Member shall monitor its subrecipient and CHDO agreements related to projects funded by the departing Consortium Member in accordance with the applicable HUD regulations for the entirety of each applicable affordability period. c. Meetings. The departing Consortium Member may participate in Consortium meetings in a non-voting capacity until all Consortium funds held by the departing Consortium Member as of the date of separation have been expended. d. Unencumbered/unexpended funds.
i) Consortium HOME funds allocated prior to the date of separation, shall not be commingled with any other HOME funds in any one project. ii) All funds allocated to the departing Consortium Member by the Consortium must be encumbered before encumbering funds granted to the departing Consortium Member directly by HUD.
iii) If departing Consortium Member encumbers the bulk of Consortium funds, but a funds remain, the departing Consortium Member shall return the funds to the Consortium. iv) The departing Consortium Member shall return to the Consortium any Consortium funds allocated to the departing Consortium Member that have not been expended by the expenditure and encumbrance timelines specified in this Agreement. v) The departing Consortium Member shall name the County as Lead Agency and beneficiary on documents (e.g. deeds of trust, liens) associated with any Consortium-funded projects that the departing Consortium Member enters into and shall modify all documents necessary to meet this requirement.
e. Program Income.
i) The departing Consortium Member shall remit to the County all Program Income received attributable to Consortium-funded projects. (See 24 CFR 92.503(a)). 10 ii) The County, as Lead Agency, shall be responsible for using any Program Income it receives in accordance with applicable statutes and regulations and shall reallocate such funds according the Consortium Reallocation Policy.
f. Match.
i) The departing Consortium Member shall retain any match credits held by the departing Consortium Member as of the date of separation, to be used in accordance with statute and HUD regulations and guidelines.
ii) The departing Consortium Member shall apply match credits to Consortium-funded projects first; when those projects have the full required match amount, then the departing Consortium Member may apply the credits to the departing Consortium Member's funded projects.
20. General Provisions.
a. This Agreement may be amended by the County and such amendments shall be effective upon notice to the other Consortium Members. Before the beginning of each renewal date, the County will submit to the HUD Field Office a statement of whether or not any amendments have been made to this Agreement, a copy of each amendment to the Agreement, and if the Consortium's Membership has changed, the certification required under 24 CFR
92.101 (a)(2)(i).
b. 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. c. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which any Consortium Member shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first class mail to the respective parties as set forth in Attachment 1 to this Agreement.
d. 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.
e. Each Consortium Member has authorized the undersigned person signing as officers on behalf of the local agency, to enter into this Agreement on behalf of said local agency and to bind the same to this Agreement, and, further that said local agency has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or by laws against entering into this Agreement. 11 f. The Chief Executive Officer of the County and the City Manager each City must sign this Agreement. This Agreement must include as attachments the authorizing resolutions from the governing body of each Consortium Member stating that the party signing the Agreement has the authority to sign the Agreement.
g. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
12 STANISLAUS COUNTY:
By -----------
Jody Hayes
Chief Executive Officer
APPROVED AS TO CONTENT:
Angela Freitas, Director
Planning and Community Development Department
By _________ _
Angela Freitas
Director
Dated
OPINION OF LEAD AGENCY COUNSEL
The undersigned has reviewed this Agreement and has concluded that the terms and provisions of the Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for Stanislaus County to undertake housing assistance activities for the HOME Program.
Stanislaus County Counsel
Thomas E. Boze
By ~ G. Michael Ziman
Deputy County Counsel
13 CITY OF CERES:
By ----------
Javier Lopez
Mayor
ATTEST:
By ----------
Cristina Aguilar
Deputy City Clerk
APPROVED AS TO CONTENT:
By _________ ~
Alex Terrazas
City Manager
APPROVED AS TO FORM:
By ----------
Tom Hallinan
City Attorney
Dated
14 CITY OF HUGHSON:
George Carr
Mayor
ATTEST:
Ashton Gose
Deputy City Clerk
APPROVED AS TO CONTENT:
Merry Mayhew
City Manager
APPROVED AS TO FORM:
By
Daniel J. Schroeder
City Attorney
Dated
15 CITY OF NEWMAN:
By -----------
Casey Graham
Mayor
ATTEST:
By ----------
Mike Maier
City Clerk
APPROVED AS TO CONTENT:
By -----------
Michael E. Holland
City Manager
APPROVED AS TO FORM:
By~---------- Nubia Goldstein
City Attorney
Dated
16 CITY OF OAKDALE:
By ----------
Cherilyn Bairos
Mayor
ATTEST:
By----- ---- - Rouze Roberts
City Clerk
APPROVED AS TO CONTENT:
By ----------- Bryan Whitemyer
City Manager
APPROVED AS TO FORM:
By ----------- Tom Hallinan
City Attorney
Dated
17 CITY OF PATTERSON:
Dennis McCord
Mayor
ATTEST:
By -----------
Aracely Alegre
City Clerk
APPROVED AS TO CONTENT:
Ken Irwin
City Manager
APPROVED AS TO FORM:
Tom Hallinan
City Attorney
Dated
18 CITY OF RIVERBANK:
By ----------
Richard D. O'Brien
Mayor
ATTEST:
By ----------
Annabelle Aguilar
City Clerk
APPROVED AS TO CONTENT:
By --------- --
Marisela Garcia
City Manager
APPROVED AS TO FORM:
By ----------
Tom Hallinan
City Attorney
Dated
19 CITY OF TURLOCK:
Amy Bublak
Mayor
ATTEST:
By----------
Julie Christel
City Clerk
APPROVED AS TO CONTENT:
By _________ ~
Reagan M. Wilson
City Manager
APPROVED AS TO FORM:
By----------
George A. Petrulakis
City Attorney
Dated
20 CITY OF WATERFORD:
By----------
Jose Aldaco
Mayor
Dated
ATTEST:
By----------
Patricia Krause
City Clerk
APPROVED AS TO CONTENT:
By -----------
Michael G. Pitcock
City Manager
APPROVED AS TO FORM:
By -----------
Corbett Browning
City Attorney
21 Attachment 1
Consortium Member Notice Information
Stanislaus County
Department of Planning and Community Development
Attn: Deputy Director
1010 Tenth Street, Suite 3400
Modesto, CA 95354
City of Ceres
Department of Planning and Building
2720 Second Street
Ceres, CA 95307
City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326
City ofNewman
Department of Community Development
P.O. Box 787
Newman, CA 95360
City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361
City of Patterson
Department of Community Development
P.O. Box 667
Patterson, CA 95363
City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367
City of Turlock
Planning Division
156 S. Broadway, Ste. 120
Turlock, CA 95380-5456
City of Waterford
City Manager's Office
P.O. Box 199
Waterford, CA 95386
22 Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.i.
City Council Meeting
of June 20, 2022
APPROVAL OF A THREE-YEAR HOME INVESTMENT PARTNERSHIP COOPERATIVE
AGREEMENT
RECOMMENDATION:
Approve Resolution No. 2022- , Approving a three-year HOME Investment Partnership Consortium Agreement for Fiscal Years 2023/24 - 2025126 with Stanislaus County and authorize the City Manager to execute said agreement.
BACKGROUND:
The City of Newman has been a part of the Stanislaus County HOME Consortium for more than a decade. In order to receive HOME funds, United States Department of Housing and Urban Development requires the City enter into a three (3) year cooperative agreement with the Stanislaus HOME Investment Partnership Program. The proposed agreement, which begins on October 1, 2023 and ends September 30, 2026, defines the rights and obligations as a participant in the Program.
ANALYSIS:
This proposed Consortium Agreement is consistent with the Newman General Plan and with City and County policies that encourage cooperation between agencies on issues of regional significance such as affordable housing.
It will promote the public health, safety, and welfare by enabling the City and County to participate in the U.S.
Department of Housing and Urban Development's HOME Investment Partnership program; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available.
FISCAL IMPACT:
Positive, it is anticipated that the City of Newman will be allocated approximately $390,000 in HOME funding during this three-year agreement.
CONCLUSION:
Participation in the HOME Investment consortium brings funding into our community for a variety of housing, economic development, and public services programs that may not otherwise be available. Staff recommends that the City Council approve the three-year HOME Investment Partnership Consortium Agreement for Fiscal Years 2023/24 thru 2025/26 and authorize the City Manager to execute said agreement.
ATTACHMENTS:
1. Resolution No. 2022- , Approving a three-year HOME Investment Partnership Consortium Agreement for Fiscal Years 2023/24- 2025126 with Stanislaus County.
2. Stanislaus HOME Investment Partnership Program Consortium Agreement for Fiscal Years 2023/24 thru 2025126.
Respectfully submitted,
--CID'~ Michael Holland
City Manager
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWMAN APPROVING
THE HOME INVESTMENT PARTNERSHIP CONSORTIUM AGREEMENT
WHEREAS, the County of Stanislaus ("County"), a political subdivision of the State of California, and the City ofNewman ("City") a municipal corporation, desire to participate in the HOME Investment Partnership Program administered by the U.S. Department of Housing and Urban Development ("HUD"); and
WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households; and
WHEREAS, HUD requires that the parties enter into a Consortium Agreement for participation in the HOME Investment Partnerships Program for the period of time from October 1, 2023 to September 30, 2026 to define their rights and obligations as a participant in the Program; and WHEREAS, the proposed Consortium Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and
WHEREAS, the proposed Consortium Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the U.S. Department of Housing and Urban Development's HOME Investment Partnership program; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available; and WHEREAS, the City and County will enter into Subrecipient Agreements which establish administrative policies and procedures, performance standards, and guidelines for funding specific programs and projects; and
WHEREAS, the proposed Consortium Agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act ("CEQA") and the City's CEQA Guidelines.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City ofNewman, California, as follows:
1. The City Council hereby approves and authorizes the City Manager to execute the HOME Investment Partnership Consortium Agreement with the County and participating Cities to enable joint participation in HUD's HOME program in the form attached hereto as Exhibit "A".
2. The City Manager is authorized and to act on behalf of the City in connection with the implementation of the Consortium Agreement, ongoing operation of the HOME program, and other activities necessary to carry out the intent of the Consortium Agreement.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 20th of June, 2022, by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
ATTEST: Mayor of the City ofNewman
City Clerk of the City of Newman
STANISLAUS
HOME INVESTMENT PARTNERSHIPS PROGRAM
CONSORTIUM AGREEMENT
Three Year Agreement
October 1, 2023 To September 30, 2026
This Stanislaus Home Investment Partnerships Program Consortium Agreement ("Agreement") is between the Cities of Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford, each a municipal corporation of the State of California (individually a "City" and collectively, "Cities") and Stanislaus County through its Department of Planning and Community Development (the "County"). The Cities and the County are collectively referred to herein as the "Consortium," or the "Stanislaus HOME Consortium," or the "Parties"; and, individually, "Consortium Member" or "Party".
WHEREAS, Parties agree that it is desirable and in the interests of their citizens to secure approval by the federal government to be considered as a consortium under the federal HOME Program operated by the U.S. Department of Housing and Urban Development ("HUD") as authorized under the HOME Investment Partnerships Act, Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended (hereafter collectively referred to as the "Act")· and ' '
WHEREAS, Title II of the Act creates the Home Investment Partnerships Program (hereinafter "HOME") that provides funds to states and local governments for acquisition, rehabilitation, new construction of affordable housing, and tenant-based rental assistance; and WHEREAS, the Act provides that units of local government that are geographically contiguous may form a consortium for the purposes of receiving an allocation to participate in the HOME Investment Partnerships Program (hereinafter "HOME Program") to be funded by HUD; and,
WHEREAS, the proposed level of federal funding is unlikely to provide grants to individual municipalities, but by cooperating in a consortium they may as a group become eligible participants in the HOME Program; and,
WHEREAS, the consortium of geographically contiguous local governments has notified HUD of their intention to participate in the HOME Program; and, WHEREAS, this Agreement constitutes an intergovernmental agreement under California law which meets the criteria pursuant to 24 CFR Part 92.101, and the Consortium Members are authorized to enter into and adopt this Agreement by their respective legislative bodies; and, WHEREAS, the Parties wish to enter into this Agreement to authorize the County to act in a representative capacity for the Cities for the purposes of ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of 24 CFR Part 92 (24 CFR
92.101(a)(2)(ii); and,
WHEREAS, under 24 CFR 92.101, the Consortium's qualification as a unit of general local government generally continues for a period of three successive federal fiscal years. As required 1 by applicable regulations, to align the Community Development Block Grant (hereinafter "CDBG") and HOME qualification cycles, the parties agree that the term of this agreement shall for a period of three (3) years, from October 1, 2023 to September 30, 2026 (Federal Fiscal Years ("FY") 2023-2025);
NOW, THEREFORE, the Parties hereby enter into this Agreement for the purposes of receiving an allocation from the HOME Program and agree to cooperate to undertake or to assist in undertaking housing assistance activities for the HOME Program.
1. Consortium. This Consortium shall be known as the Stanislaus HOME Consortium. The Consortium Members agree to cooperate to undertake or assist in housing assistance activities for the HOME Program, and affirmatively support and enforce fair housing laws and regulations.
2. Lead Agency. The County shall be designated as Lead Agency of the Consortium to act in a representative capacity for all member units for the purposes of the HOME Program. The County will assume overall responsibility for ensuring that the Consortium's HOME Program Activities are carried out in compliance with HOME rules, including requirements relating to the Consolidated Plan. No Member of the Consortium may obstruct the implementation of the Consortium's approved Consolidated Plan.
3. Designated Representatives.
a. Each Consortium Member (i.e., the governing body or its designee) shall designate one individual from its staff to serve on the ad hoc Technical Committee and the ad hoc Ranking Panel (each, a "Designated Representative"). An alternate may be designated to serve if the Designated Representative is unable to attend. Each Designated Representative shall act on behalf of and in an advisory capacity to its respective jurisdiction. Additionally, each Consortium Member may select one (1) member of the public within its jurisdiction with experience and knowledge relating to affordable housing to serve on the ad hoc Ranking Panel ("Public Representatives").
b. An ad hoc Technical Committee consisting of one (1) Designated Representative from the County and one (1) Designated Representative from each participating City will meet from time to time to review, aid in development, and provide recommendations on policies, procedures, and documentation required by HUD for the implementation and administration of the HOME Program. The Technical Committee will facilitate distribution of information to residents within the respective jurisdictions of the HOME Consortium concerning community housing needs and the opportunity to participate in the development of programs and priorities. c. An ad hoc Ranking Panel consisting of (1) representative from the County, one (1) Designated Representative from each participating City, and selected Public Representatives, will meet from time to time to review, evaluate, and rank proposals for designation of a CHDO and projects proposing to be funded with HOME funds. The Panel shall convene as determined necessary by the County. Panel rankings will be used by the County in making recommendations for allocation and awarding of funding. The representatives from local agencies shall be selected by the County with input from the Technical Committee.
2 4. Three Year Qualification Period.
a. This Agreement is for funding HOME Program activities for the 2023-2025 federal fiscal years (October 1, 2023 to September 30, 2026) or until the HOME program funds for the three-year qualification period are closed out pursuant to 24 CFR 92.507, whichever is later. In accordance with 24 CFR 91.402, all units of general government that are Consortium Members must be on the same program year that starts on each July 1st for CDBG, HOME, and Emergency Solutions Grants ("ESG") programs.
b. Although the current qualification period for the Consortium is three (3) years, members have an obligation to abide by HOME requirements throughout the period of affordability for funded projects.
5. Program Year. The Program Year for the start date for the Consortium is the commencement of the fiscal year of the Consortium Members, which begins on July 1, 2023.
6. Consolidated Plan. The County, on behalf of this Consortium, shall submit to HUD a single, unified Consolidated Plan, which describes the Consortium's strategy for addressing housing, homeless and supportive housing needs and Citizen Participation Plan. The Consortium shall also submit to HUD Annual Action Plans, Consolidated Annual Performance and Evaluation Reports ("CAPERs") and other reports, as required by HUD. Per regulation, all Consortium plans and reports shall contain goals and accomplishments for the Consortium.
7. Allocation of Funds.
a. The Consortium Members shall be notified by the County of the availability of HOME Program funds for the Consortium. These funds shall be allocated to individual Consortium Members and will be required to be committed to an approved project within six (6) months from July 1 of each year, unless such deadline is extended by the County. An approved project shall be a project included within a HUD certified Annual Action Plan approved by the County. Funds will be considered committed if they are under a fully executed agreement that has been reviewed by and determined adequate by the County, and the environmental determination for the project has been certified by the County. All proposed projects will be submitted to the County for the upcoming fiscal year by January 1 of each year. A City shall not proceed to commit funds without the County's approval of the project and completion of the environmental review.
If funds are not committed within the deadline established by the County, then the funds shall revert back to the County for use in an eligible HUD program as determined by the County. b. If a Consortium Member opts not to accept its annual pro rata share of available HOME Program funds, it must provide written notification to the County. The allocation will be redistributed among all remaining HOME Consortium Members per their pro rata share. A Consortium Member that returns its allocation remains a member of the Consortium. c. When a shared consultant/service provider is hired on behalf of the Consortium, the costs will be shared on a pro-rata basis. This share will be calculated based on the annual Consortium Members' collective annual HOME allocation. Consortium Member's pro-rata annual 3 HOME allocation will be reduced by each Consortium Member's cost share. The decision to hire shared consultants/service providers shall be at the sole discretion of the County.
8. Program Income.
a. Program income must be deposited in the participating jurisdiction's HOME Investment Trust Fund local account unless the participating jurisdiction permits the subrecipient to retain the program income for additional HOME projects pursuant to the written agreement required by 24 CFR 92.503 and 504.
b. The County shall be responsible to track and determine the use of any Program Income it receives in accordance with applicable laws and regulations (See 24 CFR 92.503(a)).
9. Matching Funds. Each Consortium Member will be responsible for providing its pro-rata share of matching non-federal funds not previoµsly used each time it makes a draw against its allocation of federal funds from the HOME Program (See 24 CFR 92.218).
10. Non-Appropriation. In the event funds are not appropriated to the HOME program, HUD guidance shall be followed. If grant closeout is required, the County will be responsible for grant close-out, and each City shall cooperate in the effort. The Consortium Members will be responsible for maintaining compliance on previous HOME-funded units.
11. County's Responsibilities. Each City hereby authorizes the County to act on its behalf in any way required to comply with this Agreement and applicable laws and regulations. The County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis. The County agrees to:
a. Prepare the Consortium's Five-Year Consolidated Plan and Annual Action Plans. b. Prepare the Consortium's CAPER.
c. Prepare applications, request for proposals, and contract templates for Community Housing Development Organizations ("CHDO"). Publish Public Notices on CHDO funds. d. Monitor Consortium Members and CHDOs and prepare monitoring tools. The County has the right and responsibility to monitor and assure compliance with all HOME requirements during the project implementation and the affordability period. e. Coordinate/chair Consortium meetings, and prepare, maintain and disseminate agendas, minutes, and records.
f. Coordinate/chair public hearings and publish notices. g. Process agenda items (i.e., plans, intergovernmental agreements, contracts) through the Stanislaus County Board of Supervisors.
4 h. Submit Requests for Release of Funds documents to HUD on behalf of Consortium Members. Transmit Authority to Use Grant Funds documents from HUD to Consortium Members.
1. Process project setups, revisions, and completion reports.
J. Process reimbursement requests from County funds and process drawdowns from HUD.
k. Prepare Consortium financial reports and reconcile with HUD's financial data.
I. Calculate annual Consortium allocation.
m. Coordinate reallocation of funds when necessary.
n. Provide technical assistance to Consortium Members as needed. o. Facilitate audits and/or monitoring with HUD and State Auditor General. p. Maintain all applicable Stanislaus HOME Consortium application, implementation, and financial files for HOME and CHDO activities. In addition, the County will maintain all files associated with monitoring and reporting to HUD. The County will maintain these administrative and programmatic files according to the current applicable State and Federal record retention schedule and regulations.
q. Procure and contract with shared consultant/services. r. Maintain a Programmatic Agreement with the State Historic Preservation Office ("SHPO") for Section 106 reviews per Part 58, contingent upon SHPO approval. s. Perform market study to determine annual HOME homeownership value limits and submit to HUD for approval.
t. Serve as the "Certifying Officer" with respect to environmental matters on all Consortium-funded projects. However, no funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request for release of funds and related certification, except as authorized by 24 CFR part 58. (24 CFR 92.352). u. The County shall receive and allocate administrative funds as set forth in applicable HOME regulations.
12. City Responsibilities. The Cities agree to:
a. Develop criteria for project selection and guidelines for implementation within HUD statutes and regulations.
b. Complete required reports for project set-up and completion; process Deeds of Trust.
5 c. Review and submit reimbursement requests for its sub-recipients. d. Track payments for each project, and submit reimbursement requests to the County for payment.
e. Provide information and data for the Consolidated Plan, Annual Action Plans, CAPERs and other reports as required by HUD by the date and in the format specified by the County.
f. Support the objectives of the Consortium's Citizen Participation Plan and the Consolidated Plan.
g. Provide general project oversight for projects within the Consortium Member's jurisdiction.
h. Attend and participate in the work of the ad hoc Consortium Technical Committee meetings and Review Panel meetings. Telephonic or attendance by video conferencing is acceptable.
L Participate in Consortium training sessions for subrecipients as necessary. j. Assist the County in conducting appropriate environmental reviews for all projects in accordance with 24 CFR part 58.
k. Assist the County in completing appropriate environmental clearance documents for all projects, including CHDO projects, administered by the Consortium Member.
1. Publish notices when appropriate. Consortium Members will submit any Request for Release of Funds documents to the County for review and forwarding to HUD. m. Submit all financial reimbursement requests, revisions, and completion reports to the County using the County's approved forms. Each Consortium Member is responsible for requiring that each of its subrecipients follow the terms and conditions of this Agreement, the Project Agreements and the procedures and time involved for processing activity reimbursement approvals, draws, and payments. Each Consortium Member shall request drawdowns of funds from the County for all activities within its jurisdiction with proper documentation including proof of payment and updated match log. Each Consortium Member shall process and submit reimbursement requests in a timely manner and facilitate the reimbursement process by providing complete and accurate information.
n. Report, retain, account for, and expend program mcome generated m their jurisdictions per federal regulations.
o. Maintain all applicable application, implementation, financial, and program files.
The Consortium Member will maintain these administrative and programmatic files according to the current applicable State and Federal record retention schedule and regulations. No records shall be destroyed by a Consortium Member without obtaining prior written authorization from the County.
6 p. Monitor rental properties in respective jurisdictions at the specified intervals throughout the period of affordability and submit monitoring reports to the County. q. Carry out activities in compliance with HUD rules and regulations and the requirements of the HOME Program including the provisions of 24 CFR 92.504( c )(2). r. Notify the County of their willingness to participate in a Programmatic Agreement with SHPO for the Stanislaus HOME Consortium.
s. Act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all applicable Allocation Agreements, Subrecipient Agreements, and Grant Agreements ("Program Agreements"). Each City further agrees that it shall fully cooperate with the County in all things required by applicable law and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its regulations.
13. Compliance with Applicable Laws.
a. The Parties acknowledge and agree that some existing programs may need to be modified if they are to be carried out with HOME funds, but the Consortium's activities do not impact CDBG-funded programs.
b. Each Consortium Member agrees to affirmatively further fair housing as required by 24 CFR Part 91.425(a)(l)(i) and agrees to participate in any HUD-required analysis of fair housing or assessment of fair housing. The Parties agree to comply with all applicable state and federal laws, rules, and regulations regarding equal opportunity, equal access, non-discrimination, and affirmative action.
c. The Consortium shall comply with applicable California open meeting (when applicable), public records, ethics laws and all other applicable laws and regulations. d. The environmental effects of activities carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The applicability of the provisions of 24 CFR part 50 or part 58 is based on the HOME project (new construction, rehabilitation, acquisition) or activity (tenant-based rental assistance) as a whole, not on the type of the cost paid with HOME funds. The County is the responsible entity for the environmental review and each City agrees to assist the County by securing all information and documentation relating to projects within their respective jurisdictions under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), if required, including paying for consulting services and technical evaluations, and providing the same to the County for final review and approval. e. Each Consortium Member must adopt and follow affirmative marketing procedures and a minority outreach programs as required by 24 CFR 92.3 51. 7 f. Consortium Members shall comply with applicable conflict of interest provisions, including 24 CPR Part 85 and those contained in 24 CFR 92.356. g. The County, as Lead Agency, shall monitor Program activities so that the Consortium's HOME Program is carried out in compliance with HUD rules and regulations and the requirements of the HOME Program. These requirements include a Consolidated Plan in accordance with HUD regulations 24 CPR Parts 91and92 and the requirements of24 CPR 92.350 and all related regulations and notices required by HUD for administration. As Lead Agency, the County shall be responsible for the administration of the Consortium HOME funds. As such, the County has been designated the Participating Jurisdiction by HUD in the HOME Program. h. The requirements of 2 CFR part 200 apply to this Agreement, except for the following provisions: 200.306, 200.307, 200.308 (not applicable to participating jurisdictions), 200.311 (except as provided in 92.257), 200.312, 200.329, 200.333, and 200.334. The provisions of 2 CFR 200.305 apply as modified by 92.502( c ). If there is a conflict between definitions in 2 CFR part 200 and 24 CPR part 92, the definitions in 24 CFR part 92 shall govern.
1. The requirements of 24 CPR 92.252 shall apply to affordable housing/rental units. j. The requirements of 24 CPR 92.300 and 92.301 shall apply to allocations for housing programs to be owned, developed or sponsored by community housing development organizations (CHDO programs).
k. The requirements of 40 CFR Subpart H - Other Requirements, are applicable to this Agreement, including:
68 .200 Recordkeeping.
68.210 Availability of information to the public.
68.215 Permit content and air permitting authority or designated agency requirements.
68.220 Audits
1. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.
14. Default and Remedial Action. Pursuant to 2 CFR 200, et seq., if a Consortium Member fails to comply with any term(s) outlined in this Agreement or the Program Agreements, the County may take corrective or remedial action against the Member in accordance with 24 CPR
92.551 and 24 CFR 92.552.
15. Claims and Indemnification.
a. To the fullest extent permitted by law, a Party (including its employees, agents, elected officials and volunteers) whose act, omission, negligence, misconduct or other fault gives rise to any claim, loss, liability, cost or expense, including, but not limited to, reasonable attorneys' fees, court costs, penalties, claims for reimbursement and sanctions (hereinafter collectively 8 referred to as "claims"), made by HUD or any third party shall defend and hold harmless the other Parties from and against any and all such claims.
b. Each City agrees to indemnify and hold harmless the County and each of their respective officers, directors, agents, designated representatives, employees and affiliates ("Indemnified Parties") from any all claims arising out of, or in any way related to any its negligence or wrongful acts, breach or failure to comply with the terms and conditions of this Agreement, or failure to comply with applicable law. The obligations under this provision are independent of all other rights or obligations set forth herein. This indemnification provision shall survive the disbursement of the Award funds, as well as any termination of this Agreement.
16. Audit. Each City agrees to cooperate, at no cost to the County, in any audit of Program activities involving Program Funds received by that City, including not limited to preparing appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 24 CPR 200.51 O; promptly follow up and take corrective action on audit findings; comply with any corrective action plans issued in connection with the audit; and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required applicable regulations.
17. Reallocation of Funds. During administration of the HOME Program, the Consortium may determine that there are circumstances under which reallocation of certain Consortium Member(s) and/or CHDO(s) HOME Program Funds is necessary. Reallocation may be made by the County or as set forth in 92 CPR 450 et seq.
18. Withdrawal/New Members.
a. Except as provided by law, no Consortium Member may withdraw from the Consortium while the Agreement remains in effect. If a Consortium Member elects to withdraw from the Consortium, written notification must be provided to the County prior to the renewal date.
The County will notify HUD of the Consortium Member's withdrawal from the Agreement/Consortium. The Consortium Member shall be withdrawn effective on the first business day of the renewal period.
b. New Members may be added to the Consortium upon consent of a simple majority of the Consortium Members. When a new Member is added, the Agreement will be amended accordingly; and the Parties agree to execute such further instruments as may be reasonably required to effect such amendment. The Agreement will be amended in the federal fiscal year before the year in which the new Member is to be added.
19. Departing Consortium Member. In the event a Consortium Member elects to no longer participate in the Consortium, such decision is effective only at the conclusion of the qualification period. The following duties and obligations will be required with respect to those Consortium funds controlled by the departing Consortium Member:
a. Planning and Reporting.
i) The departing Consortium Member shall use its own Citizen Participation Plan for all Consortium-funded projects committed after the date of separation. The departing 9 Consortium Member shall maintain all appropriate reports as described in the Agreement, on all Consortium-funded projects for the entirety of each project's respective affordability period. ii) The departing Consortium Member shall remit these reports to the County upon request.
b. Monitoring.
i) The departing Consortium Member shall maintain separate records for all Consortium-funded projects in accordance with the applicable Consortium policy and shall provide these reports to the County upon request.
ii) The departing Consortium Member shall monitor its subrecipient and CHDO agreements related to projects funded by the departing Consortium Member in accordance with the applicable HUD regulations for the entirety of each applicable affordability period. c. Meetings. The departing Consortium Member may participate in Consortium meetings in a non-voting capacity until all Consortium funds held by the departing Consortium Member as of the date of separation have been expended. d. Unencumbered/unexpended funds.
i) Consortium HOME funds allocated prior to the date of separation, shall not be commingled with any other HOME funds in any one project. ii) All funds allocated to the departing Consortium Member by the Consortium must be encumbered before encumbering funds granted to the departing Consortium Member directly by HUD.
iii) If departing Consortium Member encumbers the bulk of Consortium funds, but a funds remain, the departing Consortium Member shall return the funds to the Consortium. iv) The departing Consortium Member shall return to the Consortium any Consortium funds allocated to the departing Consortium Member that have not been expended by the expenditure and encumbrance timelines specified in this Agreement. v) The departing Consortium Member shall name the County as Lead Agency and beneficiary on documents (e.g. deeds of trust, liens) associated with any Consortium-funded projects that the departing Consortium Member enters into and shall modify all documents necessary to meet this requirement.
e. Program Income.
i) The departing Consortium Member shall remit to the County all Program Income received attributable to Consortium-funded projects. (See 24 CFR 92.503(a)). 10 ii) The County, as Lead Agency, shall be responsible for using any Program Income it receives in accordance with applicable statutes and regulations and shall reallocate such funds according the Consortium Reallocation Policy.
f. Match.
i) The departing Consortium Member shall retain any match credits held by the departing Consortium Member as of the date of separation, to be used in accordance with statute and HUD regulations and guidelines.
ii) The departing Consortium Member shall apply match credits to Consortium-funded projects first; when those projects have the full required match amount, then the departing Consortium Member may apply the credits to the departing Consortium Member's funded projects.
20. General Provisions.
a. This Agreement may be amended by the County and such amendments shall be effective upon notice to the other Consortium Members. Before the beginning of each renewal date, the County will submit to the HUD Field Office a statement of whether or not any amendments have been made to this Agreement, a copy of each amendment to the Agreement, and if the Consortium's Membership has changed, the certification required under 24 CFR
92.101 ( a)(2)(i).
b. Headings or captions to the prov1s10ns 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. c. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which any Consortium Member shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first class mail to the respective parties as set forth in Attachment 1 to this Agreement.
d. 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.
e. Each Consortium Member has authorized the undersigned person signing as officers on behalf of the local agency, to enter into this Agreement on behalf of said local agency and to bind the same to this Agreement, and, further that said local agency has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or by laws against entering into this Agreement. 11 f. The Chief Executive Officer of the County and the City Manager each City must sign this Agreement. This Agreement must include as attachments the authorizing resolutions from the governing body of each Consortium Member stating that the party signing the Agreement has the authority to sign the Agreement.
g. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
12 STANISLAUS COUNTY:
Jody Hayes
Chief Executive Officer
APPROVED AS TO CONTENT:
Angela Freitas, Director
Planning and Community Development Department
Angela Freitas
Director
Dated
OPINION OF LEAD AGENCY COUNSEL
The undersigned has reviewed this Agreement and has concluded that the terms and provisions of the Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for Stanislaus County to undertake housing assistance activities for the HOME Program.
Stanislaus County Counsel
Thomas E. Boze
By_ ___ _
G. Michael Ziman
Deputy County Counsel
13 CITY OF CERES:
Javier Lopez
Mayor
ATTEST:
By ----------
Cristina Aguilar
City Clerk
APPROVED AS TO CONTENT:
By _________ ~
Alex Terrazas
City Manager
APPROVED AS TO FORM:
By ----------
Tom Hallinan
City Attorney
Dated
14 CITY OF HUGHSON:
By----------
George Carr
Mayor
ATTEST:
By----------
Ashton Gose
Deputy City Clerk
APPROVED AS TO CONTENT:
By _________ _
Merry Mayhew
City Manager
APPROVED AS TO FORM:
By~---------- Daniel J. Schroeder
City Attorney
Dated
15 CITY OF NEWMAN:
Casey Graham
Mayor
ATTEST:
Mike Maier
City Clerk
APPROVED AS TO CONTENT:
Michael E. Holland
City Manager
APPROVED AS TO FORM:
By-----------
Nubia Goldstein
City Attorney
Dated
16 .
CITY OF OAKDALE:
Cherilyn Bairos
Mayor
ATTEST:
By----------
Rouze Roberts
City Clerk
APPROVED AS TO CONTENT:
By----------
Bryan Whitemyer
City Manager
APPROVED AS TO FORM:
By~---------- Tom Hallinan
City Attorney
Dated
17 CITY OF PATTERSON:
By ----------
Dennis McCord
Mayor
ATTEST:
By ----------
Aracely Alegre
City Clerk
APPROVED AS TO CONTENT:
By ----------
Ken Irwin
City Manager
APPROVED AS TO FORM:
By _________ ~
Tom Hallinan
City Attorney
Dated
18 CITY OF RIVERBANK:
By ----------
Richard D. O'Brien
Mayor
ATTEST:
By ----------
Annabelle Aguilar
City Clerk
APPROVED AS TO CONTENT:
By -----------
Marisela Garcia
City Manager
APPROVED AS TO FORM:
By ----------
Tom Hallinan
City Attorney
Dated
19 CITY OF TURLOCK:
By ----------
Amy Bublak
Mayor
ATTEST:
By ----------
Julie Christel
City Clerk
APPROVED AS TO CONTENT:
By _________ ~
Reagan M. Wilson
City Manager
APPROVED AS TO FORM:
By ----------
George A. Petrulakis
City Attorney
Dated
20 CITY OF WATERFORD:
By ----------
Jose Aldaco
Mayor
ATTEST:
Dated
By ----------
Patricia Krause
City Clerk
APPROVED AS TO CONTENT:
By _________ _
Michael G. Pitcock
City Manager
APPROVED AS TO FORM:
By ----------
Corbett Browning
City Attorney
21 Attachment 1
Consortium Member Notice Information
Stanislaus County
Department of Planning and Community Development
Attn: Deputy Director
1010 Tenth Street, Suite 3400
Modesto, CA 95354
City of Ceres
Department of Planning and Building
2720 Second Street
Ceres, CA 95307
City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326
City of Newman
Department of Community Development
P.O. Box 787
Newman, CA 95360
City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361
City of Patterson
Department of Community Development
P.O. Box 667
Patterson, CA 95363
City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367
City of Turlock
Planning Division
156 S. Broadway, Ste. 120
Turlock, CA 95380-5456
City of Waterford
City Manager's Office
P.O. Box 199
Waterford, CA 95386
22 Honorable Mayor and Members
of the Newman City Council
REPORT ON NEWMAN FALL FESTIVAL 2022
RECOMMENDATION:
Staff recommends the City Council approve the annual Fall Festival.
BACKGROUND:
Agenda Item: 1 O.a.
City Council Meeting
of June 20, 2022
The Fall Festival is a well established annual community event. Staff has been working with the Fall Festival Committee in assisting with the allocation of City assets and services for this year's event.
ANALYSIS:
As of the date and time of the preparation of this staff report, the organizing committee is in the beginning stages of planning this year's event. Any subsequent changes will be reported out by staff during the presentation of this report and future reports.
Routine street closures and parade street closures are as follows:
•!• "R" Street - Will be closed between Fresno and Tulare Streets from Wednesday, August 31st at 12P.M. to Monday, September 5th at noon. The carnival will be set up on this street. •!• Fresno Street - Will be closed between "R" and "Q" Streets from Saturday, September 3rd at 5A.M. to Monday, September 5th at 12 A.M.
•!• Tulare Street - Will be closed between "R" and "Q" Streets Sunday, September 4th from 7 A.M. to 7P.M. •!• "Q" Street - Will be closed between Fresno and Tulare Streets from Saturday, September 3rd at 5 A.M. to Monday, September 5th at 12 A.M.
•!• Fall Festival Parade Street Closures 9 A.M. to 2 P.M. on Sunday, September 4th - Mariposa Street will be closed from "S" to Main Street, Main Street from Mariposa to Fresno, Fresno Street from Main to "R" Street.
The road will re-open when the parade passes. Horse staging will be on the 1100 block of R Street.
Scheduled events with a potential impact include:
• The "Evening under the Stars" event (Wine and Cheese) has been tentatively scheduled in the Downtown Plaza for Friday, September 2nd 7 P.M. to 11 P.M.
• The carnival will open at 12 P.M. on Friday, September 2nd. On-stage children's entertainment will be held at the Pioneer Park gazebo from 6 P .M. to 8 P .M.
The Fall Festival Committee has asked that the following downtown standards be waived for the "Evening under the Stars" event:
• Day of operation. This is a Friday event. Per standards, Sunday is the preferred day. • Hours of operation. This event is scheduled until 11 P.M. Per standards, events are to end by 9 P.M. • Music hours of operation. Amplified music is scheduled until 11 P.M. Per standards, music to cease by 8 P.M. • Clean-up deposit. Downtown standards require a $1,000.00 deposit refundable upon satisfactory cleaning of the affected area. The Fall Festival Committee assures staff that they will thoroughly clean up. • Waive ordinance 09.01.021, Drinking in Public, for the event area and timeframe. • Waive electrical and restroom use fees.
• Waive glass cup and bottle usage standard.
All other Standards for Downtown events will apply.
Event organizers will be submitting a site plan for the event. There will be screened security fencing around the upper level with one entrance/exit at the archway on Main Street and one entrance/exit near the restrooms. There will be four private security guards hired by the Fall Festival Committee. One will staff each entrance/exit and two will remain inside the venue. The Fall Festival Committee will acquire all the necessary permits from the Alcoholic Beverage Control. All parking lots, alleys, and sidewalks will remain open for traffic.
Agenda Item: 10.a.
The Fall Festival Committee has secured the $3,000,000.00 insurance and liability policy with the city named as an additional insured. The organizing committee is requesting city services, as has been provided in past years, and is aware that any costs not covered by City Council action will be the responsibility of the Fall Festival Committee.
The committee will also work with the Public Works Superintendent on the required number of portable restrooms, trash receptacles, and barricades as well as other needs in the park. There are no changes in this area as well, as these are the same requests as were approved by the City Council last year.
Other requests by the Fall Festival Committees are:
1. Waive Business License fees for vendors in the park
2. Exclusive use of Pioneer Park, Densmore Park, Barrington Park and the L.J. Newman building.
3. Waive permit to have alcohol in Pioneer Park.
4. Authorize the use of the entire Pioneer Park as a Beer Garden. (This has been approved by ABC in previous years.)
5. Public Works assistance with park maintenance prior to the event.
All sworn police personnel have been required to staff the Fall Festival throughout the weekend and only Reserve Officers and the School Resource Officer's salary have been invoiced to the Fall Festival. Previous security issues for this event have involved intoxicated subjects and altercations involving juveniles and young adults. The Fall Festival Committee will retain a private security firm to cover additional carnival security and overnight park security.
The Fall Festival committee plans to follow any local and state Covid-19 protocols in place at the time of the event.
FISCAL IMPACT:
The Police Department will fully staff the park with all available police personnel. Staff recommends that any applicable costs of staffing, or necessary equipment, be invoiced to the Fall Festival Committee.
CONCLUSION:
This staff report is submitted for City Council consideration and action. Staff recommends the City Council approve the 2022 Fall Festival.
ATTACHMENTS:
1. Standards for Downtown Events
Respectfully submitted,
,.--
Ashley Williams
Police Sergeant
REVIEWED/CONCUR:
--~ C£Rtf:J n
Michael Holland
City Manager
Attachment 1
STANDARDS FOR DOWNTOWN EVENTS
1. DAYS:
One Day Event: Saturday or Sunday preferred.
Two Day Events: Saturday & Sunday or Sunday & Monday may be allowed on weekends.
2. HOURS:
Events should be scheduled during daylight hours. Events may not begin prior to 7:00 a.m. or end later than 9:00 p.m. unless approved by the Chief of Police.
3. STREET USAGE:
First time event:
Anticipated crowd size:
4. INSURANCE:
One block
500 or less - one block
500 to 1000 - two blocks
1000 or more - three blocks
Three Million dollar policy naming the City as an additional insured. This must be received by the City three weeks prior to the event.
5. SECURITY:
Total cost of security for the event will be the responsibility of the event organizer. One half of the anticipated cost of police services will be deposited with the City Finance Department two weeks prior to the event.
General event: 1 officer per 200 attendees or as deemed necessary by the Chief of Police.
Alcohol/Bands/Dances - 2 officers per 300 attendees or more if required by the Chief of Police.
6. MUSIC:
No amplified sound systems before 10 A.M. or after 8 P.M. unless approved by the Chief of Police.
7. ELECTRICAL:
If electrical power use is requested, an electrical use fee of $25.00 will be collected prior to the event date.
A diagram of the outlet locations to be used and a plan, consisting of what type of equipment will be used at each outlet location, will be submitted for approval prior to the event date. No more than 20 amps per circuit will be allowed. Extension cords shall be a minimum of 14-3 gauge wire and properly sized for intended use. The cords shall be protected from abrasions caused by foot traffic and shall be placed so as not to cause a tripping hazard.
8. EVENT PLAN:
The applicant is to complete a street closure plan for barricading the downtown streets and provide a site plan for the location of any portable stages, alcohol sales, and other semi-permanent structures. This must be submitted to the Chief of Police or his/her designee 60 days prior to the date of the event. Downtown plaza usage will also require a site plan.
9. CLEANUP:
The event organizer will be responsible for cleaning the streets, sidewalks and other public areas used by the event. A $1,000.00 deposit will be required. The deposit will be refunded if all city property is cleaned to the satisfaction of the Director of Public Works or his/her designee.
Revised September 25. 2012
Attachment 1
10. APPROVAL OF AFFECTED BUSINESSES:
First Time Events: Provide written approval of at least 75 percent of any business affected by the proposed street closure in the blocks involved.
Yearly Events: Provide a flyer making the downtown business community aware of the type of event, date, time and streets to be used.
Notification must be completed at least 45 days prior to the City Council meeting and must be approved by the Chief of Police or his/her designee.
11. BUSINESS LICENSES:
All local and out of town vendors/businesses conducting sales of goods or services shall have a business license with the City of Newman prior to participating in the event.
12. HEALTH PERMITS:
Food vendors shall obtain a Stanislaus County Health Permit prior to the sale of any food items.
13. CANOPIES OR OTHER TEMPORARY STRUCTURES:
All temporary structures including but not limited to stages, platforms and booth structures must be inspected by the City's Building Department on the day of the event. Any direct cost to the City for this service will be the responsibility of the fundraiser/organizer. Any use of canopies must be inspected and approved by a designee of the City on the day of the event. No canopies or temporary structures are to be tethered or anchored, to any tree, structure, or fixture.
14. BLEACHERS:
All bleachers must be inspected by the City's Building Department the day of the event. Any direct cost to the City for this service with be the responsibility of the fundraiser/organizer.
15. ADVERTISING:
The event organizer shall not advertise or promote the event until the event has been approved by the City Council
16. ALCOHOL:
The sale or providing of alcohol shall be done under the following conditions:
A. That it is the fundraiser/organizers responsibility to make sure vendors obtain an on sale one-day permit from the California Alcohol Beverage Control Board (commonly known as ABC). This must be done and received by the City two weeks prior to the event.
B. That alcohol is served in paper or plastic cups (no glass cups or bottles).
C. That no alcohol sold inside any establishment can be consumed in the street closure area or plaza.
D. That the City Council approves the use of the street closure, or plaza, for a beer garden and that they waive the city ordinance prohibiting consumption of alcohol on public streets.
17. TRAFFIC/CROWD CONTROL DEVICES:
The fundraiser/organizer will be responsible for the direct cost of barricades, no parking signs, and any other required devices.
18. STATEMENT OF FUNDS
The fundraiser/organizer will provide documentation and/or a list of who has or will financially benefit from the fundraiser for the current event and any previous events. It will also state how much was raised and the amount or percentage that will or has been donated to what community organization(s).
Revised September 25, 2012
Attachment I
19. TRASH AND RECYCLING RECEPTACLES
The event coordinator shall provide trash and recycling receptacles for the event in an amount not less than one per fifty attendees.
20. PLAZA USAGE
The standards for downtown events will apply to the downtown plaza where applicable.
Additional plaza-specific standards include:
A. The East parking lot will remain open for event parking.
B. Any requests to close the West parking lot will be submitted in the event plan.
C. Any request to open the plaza restrooms for use will be submitted in the event plan and will be subject to a use fee of $25.00 collected prior to the event date.
D. No use of any kind in the planters and other vegetation areas of the plaza.
E. No anchoring to any trees, vegetation, or other stationary plaza structures.
F. Use of the stage shall be requested in the event plan.
21. ADMINISTRATIVE OPTION FOR "PLAZA ONLY" USE
For smaller events that are contained within the plaza, an administrative option can be utilized with the following conditions:
A. The event is being hosted by a non-profit group for public benefit.
B. The event is contained within the pedestrian areas of the plaza.
C. All parking lots remain open and accessible for vehicle parking.
D. The event is no longer than three hours in duration.
The administrative option for plaza use will require approval from the City Manager, Chief of Police, and Fire Chief. This option is designed to streamline the process for smaller events that meet the above criteria.
All other event standards will still apply, but waivers may be decided by the administrative group.
Revised September 25. 2012
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.b.
City Council Meeting
of June 20, 2022
ADOPTING A LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FOR FISCAL YEAR 2022-2023
RECOMMENDATION:
Adopt Resolution No. 2022- , adopting a list of projects to be funded by SB I: The Road Repair and Accountability Act for Fiscal Year 2022-2023.
BACKGROUND:
In April 20 I 7, Legislature was passed and signed into law by the Governor in an effort to address significant multimodal transportation funding shortfalls statewide. Senate Bill I (SB I) includes accountability and transparency provisions that will ensure the residents of the City of Newman are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year. On an annual basis, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA).
If a street was not rehabilitated during the identified Fiscal Year it can be carried into the next Fiscal Year, which is what we propose for Fiscal Year 2022-23 . .
In Fiscal Year 2021-2022 the Kem Street Rehabilitation Project from State Route 33 to T Street will be completed.
The project consisted of repairing the storm drain, paving the roadway with an overlay of asphalt, and striping.
Construction is expected to be completed by July 2022 extending the life of Kem Street for 10 years.
ANALYSIS:
Staff considered how to utilize the funds available based on the street and road maintenance and rehabilitation needs identified in the 2013 City ofNewman Pavement Management Program Update Final Report. The Report identifies street and road pavement conditions and is designed to provide objective information and useful data so · staff can make consistent, cost effective and defensible decisions related to the preservation of a pavement network.
The Pavement Condition Index (PCI) identifies each street or road with a number between 0-I 00, with I 00 being very good condition. Staff reviewed the PCI and identified roads with mid-range or good PCI. Funding preventative maintenance on roads with a PCI between 60 and 80 increase the useful life of those streets and roads. The projects will be designed to rehabilitate the roadway to a PCI between 80-I 00 and may include, paving, crack sealing, slurry seal, in addition to any striping necessary. Some minor dig-outs may be necessary as well. The projects identified will help improve/maintain the existing conditions of the road and the PCI for an additional five to ten years. The project list depends on th~ funding amounts received from SB I and other funding utilized for the projects. The 2022-23 project list the City of Newman has identified for funding with RMRA by SB I include:
• Fresno Street from State Route 33 to T Street
• Tulare Street from State Route 33 to T Street
• Mariposa Street from State Route 33 to T Street
• Stanislaus Street from Main Street to Inyo A venue
• Crack Seal, Slurry and Stripe Sherman Parkway, Driscoll Avenue, and various local roads FISCAL IMPACT:
The City ofNewman is projected to receive and estimated $264,888 in funding during fiscal year 2022-2023. The City anticipates receiving $23 7 ,009 in SB-I revenues during the current 2020-202 I fiscal year and any remaining funds will be carried over to 2022-2023. A projected total of $750,600 (2021-22 ending fund balance plus projected revenues for FY 2022-23) in SB-I funding is available for fiscal year 2022-2023.
CONCLUSION:
SB 1 will fund street and road rehabilitation projects identified above. Annually, the City of Newman must adopt a list of projects including any projects carried over from the previous Fiscal Year. The City of Newman will receive a projected $264,888 in funding for Fiscal Year 2022-23. The remaining projected fund balance from Fiscal Year 202I-22 will be carried over. A projected total of $750,600 SB I funding is available for Fiscal Year 2022-23.
ATTACHMENTS:
1. Resolution No. 2022-
2. Projected Revenue Estimate California Finance
3. Project area exhibit
Respectfully submitted,
Kathryn
£~~ Reyes
Director of Public Works
REVIEWED/CONCUR
Michael Holland
City Manager
Agenda Item: 10.b.
RESOLUTION NO. 2022-
ADOPTING A LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FOR FISCAL YEAR 2022-2023
WHEREAS, Senate bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 201 7) was passed by Legislature and signed into law by the Governor in April 201 7 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Newman are aware of the projects proposed for funding in our community and which projects are in progress or have been completed each fiscal year; and WHEREAS, the City of Newman must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Newman will receive an estimated $264,888 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, the City of Newman has undergone a public process to ensure public input into our community's transportation priorities; and
WHEREAS, the City of Newman used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City ofNewman's streets and roads are in an "at risk" condition and this revenue will help us increase the overall quality of our road system over the next decade; and WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, modernizing the local street and road system is also critical for farm to market needs, interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and NOW, THEREFORE, BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Newman, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The project list for fiscal year 2021-22 was not completed in full therefore the fund and projects will be moved into fiscal year 2022-23.
3. The City of Newman is adopting the following list of maintenance and rehabilitation projects planned to be funded solely or in-part in fiscal year 2022-23 with Road Maintenance and Rehabilitation Account Revenues:
• Fresno Street from State Route 33 to T Street
• Tulare Street from State Route 33 to T Street
• Mariposa Street from State Route 33 to T Street
• Stanislaus Street from State Route 33 to Inyo A venue • Crack seal, slurry and stripe Sherman Parkway, Driscoll Avenue and various local roads
4. The projects will extend the life of the roads for five to ten years The foregoing resolution was introduced at a regular meeting of the City Council of the City ofNewman held on the 20th day of June, 2022 by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Local Streets and Roads - Projected Revenues
2021-22
Estimated May 2022
SOLANO COUNTY
Road Mntnc
Rehab Acct
TOTAL
2022-23
Account
Road Mntnc
Rehab Acct
TOTAL
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