______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org
NOTICE AND CALL OF SPECIAL MEETING AND AGENDA
CITY OF SAN JOAQUIN CITY COUNCIL
Notice is hereby given that the City Council of the City of San Joaquin will hold a special meeting beginning at 6:00 P.M. on Tuesday, October 22, 2024, at the San Joaquin Council Chambers 21991 Colorado Avenue (A), San Joaquin, CA 93660.
MEMBERS OF THE PUBLIC MAY ATTEND THIS MEETING OR
PARTICIPATE IN THE MEETING BY SUBMITTING WRITTEN COMMENTS
AT CITY HALL OR BY EMAIL PRIOR TO THE MEETING AT
[email protected]
ZOOM INFORMATION:
https://us02web.zoom.us/j/88647771329?pwd=j7BReLAACd7oXoXJZRzCjIAVFRtJPd.1 MEETING ID: 886 4777 1329
PASSCODE: 591907
TELEPHONE NUMBER: 1-669-900-9128
The City Council welcomes you. All attendees are advised that pagers, cell phones, and any other communication devices should be powered off upon entering the Council meeting and to silence their devices until they speak.
The Council may consider and act on an agenda item in any order it deems appropriate.
Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the items is called.
For each agenda item considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals. Public comments from those in attendance will then be taken. All comments will be limited to three minutes per person.
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE – ROLL CALL
Julia Hernandez
Adam Flores-Cornejo
Cristina Covarrubia
Abel Lua
Martha Mejia
2. APPROVAL OF AGENDA
3. PUBLIC COMMENTS ON THIS AGENDA. The sole business to be conducted is listed below. Members of the public will have an opportunity to address the City Council on the item(s) listed on this agenda.
4. NEW BUSINESS
A. SUBJECT: Council consideration to grant a Public Utility Easement in San Joaquin Sports Park and a portion of 6th Street as part of the water system improvement project.
RECOMMENDATION: Council approve Resolution No. 2024-37, authorizing the grant of a Public Utility Easement over a portion of San Joaquin Sports Park (APN 033-040-76) and 6th Street. (Enclosure P. 1, Action Item) B. SUBJECT: Consideration of Ordinance increasing City Council Compensation.
RECOMMENDATION: That pursuant to Council direction of October 1, 2024, the City Council waive the full reading and consider introduction at this meeting of Ordinance No. 2024-03, Amending Section 30.22 of the San Joaquin Municipal Code Regarding City Council Compensation including findings that the compensation amounts are within the allowable limits set forth by Government Code Section 36516. (Enclosure P. 10, Action Item)
C. SUBJECT: Consideration and approval of a Resolution authorizing the City Manager to enter into an agreement for the disbursement of Youth Recreational Funding Program funds with qualifying organizations and waiving the business license fees for the same.
RECOMMENDATION: Council approval of Resolution No. 2024-38, authorizing the City Manager to enter into an agreement for the disbursement of Youth Recreational Funding Program funds with qualifying organizations and waiving the business license fees for the same. (Enclosure P. 16, Action Item) D. SUBJECT: Corrected resolution to submit CDBG funding request for San Joaquin Sports Park Phase II Improvement and Salvation Army Food Relief Program.
RECOMMENDATION: Council rescind Resolution No. 2024-33 and adopt corrected Resolution No. 2024-39, approving an application for funding and the execution of a Grant Agreement and any amendments thereto from the 2024 funding year of the Stated CDBG Program. (Enclosure P. 25, Action Item)
5. ADJOURN MEETING –
NOTICE OF ADA COMPLIANCE: If you or anyone in your party needs reasonable accommodations to attend, or participate in, any City Council Meeting, please make arrangements by contacting the City Clerk’s Office at City Hall 24 hours prior to the meeting Who can be reached by calling 693-4311 or by mail at P.O. Box 758, San Joaquin, CA 93660.
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council regarding any items on this agenda will be made available for public inspection at the City Clerk’s Office located at City Hall 21900 Colorado Avenue during normal business hours.
LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well.
The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.
Council Members are also required to make such disclosures and recuse themselves.
CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure when the item is called and recuse themselves.
CERTIFICATION OF POSTING
I, Matt Flood, Acting City Clerk of the City of San Joaquin, do hereby declare that the foregoing agenda for the San Joaquin City Council Special Meeting of Tuesday, October 22, 2024 was posted at the following locations: City Hall, 21900 Colorado Avenue, San Joaquin Senior Center, 21991 Colorado Ave. (B) and US Post Office, 8667 Ninth Street on Monday October 21, 2024 by 4:00 p.m.
**NEXT REGULAR COUNCIL MEETING WILL BE HELD NOVEMBER 5, 2024** August 29, 2024
RE: Proposed New Easements For APN: 033-040-76
Our File: PM 35404325
Enclosed for signature is the Easement Agreement for the project mentioned above.
1. Please review the easement document in its entirety and if accepted, have the ownership group (Grantor) execute and date the document. When signing, please print the person signing the documents name and print their title under the signature block of each individual signing.
2. Have their signatures acknowledged before a Notary. A notary form has been provided for use. Please make sure that the Notary prints the names of the grantors exactly as printed under the signature lines. The document will not be recordable if the names do not match.
3. The notary must print their title "notary public" after their name on the notary form.
4. As a convenience, a scanned copy of the executed document can be e-mailed to me for review and on-line electronic recording. This will also allow me to check the document for proper execution and if any changes are needed.
5. When complete, please return the original fully executed document, dated, and notarized to me at the above address.
Your cooperation in this matter is appreciated. Please email if you have any questions regarding the easement agreement. All project & construction related questions should be directed to Ian Smith.
Regards,
Mario Carrillo
Sr. Land Technician
Mario Carrillo
Sr. Land Technician
Technical and Land
Services
3580 East California
Ave. Fresno, Ca. 93725
Office: (559) 676-5376
E-mail: [email protected]
1 Pacific Gas and
Electric Company.
RESOLUTION NO. 2024-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN
AUTHORIZING THE GRANT OF A UTILITY EASEMENT IN SAN JOAQUIN SPORTS PARK AND A PORTION OF 6TH STREET TO PACIFIC GAS AND
ELECTRIC COMPANY
WHEREAS, the City has requested that PG&E provide electrical services for new Well No. 6 site; and
WHEREAS, in order for PG&E to provide the service, PG&E had to install underground faculties from 6th Street to well site and installed a surface mounted transformer at the well site; and
WHEREAS, the easement is required by PG&E to protect their newly installed facilities and allows PG&E to access the easement in order to complete future maintenance and repairs; and
WHEREAS, the easement interests are being granted to provide permanent utility easement to PG&E for electric.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Joaquin as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The grant of a utility easement to Pacific Gas and Electric Company, herein more particularly described in the Easement Deed with map and legal description attached as Exhibit 1 and incorporated by this reference, located in San Joaquin Sports Park and a portion of 6th Street is hereby authorized and approved.
3. The City Manager is hereby authorized to take the necessary actions and appropriate to carry out the purposes of this Resolution.
4. This resolution is effective upon adoption.
(Certification on next page)
2 The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 22nd day of October, 2024 and passed at said meeting the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Julia Hernandez, Mayor
ATTEST:
_______________________________
Matthew Flood, City Clerk
3 Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Location: City of San Joaquin, Fresno Co.
Recording Fee $_____________________________
Document Transfer Tax $ 0.00
[ X ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD #2215-16- EASEMENT DEED
CITY OF SAN JOAQUIN, a public body of the State of California, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of San Joaquin, State of California, described as follows:
(APN 033-040-76)
Lot 7, Lot 18 and the abandoned alley between said Lots and that abandoned portion of Sixth Street lying southeasterly of said Lot 18 of Block 37 of Map of Townsite of San Joaquin as shown upon the map filed for record June 19, 1915 in Volume 7 of Plats at page 83, Fresno County Records.
The easement area is described as follows:
The strip of land of the uniform width of 10 feet, lying 5 feet on each side of the alignment of the facilities as initially installed hereunder. The approximate locations of said facilities are shown upon Grantee’s Drawing No. 35404325 attached hereto and made a part hereof.
Grantee agrees that on receiving a request in writing, it will at Grantor’s expense, survey, prepare and record a “Notice of Final Description” referring to this instrument and setting forth a description of said strip of land.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the EXHIBIT 1
4 Utility Distribution Easement (02/2020)
facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.
Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “A”, attached hereto and made a part hereof.
The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730(c) of the Business and Professions Code.
This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated: __________________, _______.
CITY OF SAN JOAQUIN,
a public body of the State of California
By_________________________________
Name:
Title:
By__________________________________
Name:
Title:
I hereby certify that a resolution was adopted
on the ____ day of _________, 20____, by the
_____________________________________
authorizing the foregoing grant of easement.
By__________________________________
5 Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
6 Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “A”
GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work.
Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities. • The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.
7 Utility Distribution Easement (02/2020)
Attach to LD: 2215-16-
Area, Region or Location: 4
Land Service Office: Fresno
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: 22.15.16.23.12, 22.15.16.24.43,
FERC License Number: n/a
PG&E Drawing Number: 35404325
Plat No.: 1516231, 1516242 & 1516243 (Electric)
LD of Affected Documents: n/a
LD of Cross Referenced Documents: n/a
Type of interest: Electric Underground Easements (4), Utility Easement (86) SBE Parcel: n/a
% Being Quitclaimed: n/a
Order or PM: 35404325
JCN: n/a
County: Fresno
Utility Notice Number: n/a
851 Approval Application No: n/a ;Decision: n/a
Prepared By: m5cf
Checked By: jjwm
8 9
SE1/4, NE1/4
SEC. 23 &
SW1/4J... NW1/4
SEc.24
APN:
033-040-78
APN:
033-040-45
LEGEND:
---GRANTOR'S PARCEL LINE
- - - APPROXIMATE LOCATION OF THE
lOFT WIDE UTILTY EASEMENT
---SERVICE
-----0------- EXISTING OVERHEAD FACILITIES + NEW POLE
~ TRANSFORMER
~ METER
rtJ; AG PUMP
NLESS H WN ALL COURSES
EXTEND T
App icant: CITY OF SAN JOAQUIN
FRESNO COUNTY CA.
TOWNSHIP
155
RAN E
16E
PLAT MAP: 1516231, 1516242 & 1516243 (ELEC.)
REFERENCES: 7 PLATS 83, FCR p
LD #2215-16-
FRESNO
DIVISION
NTS
124846489
AUTHORIZ
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8-28-24
35404325
DRAWING NO.
MEETING DATE: October 22, 2024
TO: City Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Consideration of Ordinance Increasing City Council Compensation RECOMMENDATION:
That pursuant to Council direction of October 1, 2024, the City Council waive the full reading and consider introduction at this meeting of Ordinance Amending Section 30.22 of the San Joaquin Municipal Code Regarding City Council Compensation. The ordinance compensation amounts are within allowable limits set forth by Government Code Section 36516.
EXECUTIVE SUMMARY:
At its meeting of October 1, 2024, the Council considered whether to direct staff to prepare an ordinance increasing City Council compensation. The discussion and ability of Council to make such changes is governed by Senate Bill 329, which became effective on January 1, 2024. SB 329 amended Section 36516 of the Government Code to now allow for Council compensation for a city with a population under 35,000, such as San Joaquin, to be set in an amount up to $950 per month.
After deliberating on this matter at the October 1st meeting, the Council directed that compensation for Council Members be set at $300 per month. Per the direction, the proposed ordinance provides that Council Members will receive compensation in the amount of $300 per month. The proposed ordinance compensation amounts are within allowable limits set forth by Government Code Section 36516.
TIMEFRAME AND ADOPTION OF ORDINANCE:
Per state law, the ordinance must be adopted at a regular meeting. If adopted at the November 5, 2024, regular meeting, then the ordinance would be effective on December 5, 2024.
If the election is consolidated as is the case this election, the city elections official certifies the results to the city council no later than the next regular city council meeting following presentation of the 28-day canvass of returns by the county election official, or at a special meeting called for this purpose. (Elections Code Section 10262)We do not know what date that will be.
On completion of the canvass of votes, the City Council adopts a resolution reciting the election and results. The City Council must install the newly elected officers no later than the fourth Friday after the election; if the election was consolidated, the installation of newly elected members must 10 occur no later than the next regular City Council meeting following presentation of the 28-day canvass of returns, or at a special meeting called for this purpose. (Elections C Section 10263) The 28 day canvass would be due December 3rd (same as regular meeting date). • If the 28 day canvass received prior to the December 3rd meeting, the installation would be on December 3rd. So the new compensation would not be effective for another 2 years. • If the canvass received on December 3rd or later, the installation would occur at the next regular meeting (here January 7th) or a special meeting before January 7th. If the installation occurs at special meeting after December 5th or at the January 7th regular meeting, then the compensation would be effective when installation occurs.
Once the election results are declared, the city elections official must enter in its records a statement of the results containing the information in Elections Code Section 10264. Thereafter, the city elections official must deliver a certificate of election to each person elected and administer the oath of office to each elected official. (Elections Code Section 10265) DISCUSSION:
Government Code Section 36516 now sets $950.00 amount as the maximum that can be set upon adoption of the ordinance, and that, as explained below, periodic increases beyond these base amounts are permitted. SB 329 states two reasons for the increase. First, “[t]he compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation.” (SB 329 Section 1(a).) Second, “[a]llowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.” (SB 329 Section 1(b).)
Section 36516 also includes a formula for increasing councilmember compensation following the original adoption of an ordinance, which formula was amended by SB 329. The increases may not exceed the greater of the following:
• The increase cannot exceed 5% for each calendar year; • The increase cannot exceed the amount of inflation since January 1, 2024, based on the California Consumer Price Index. The inflation-based increase is capped at 10% for each calendar year. [This alternative was added by SB 329.]
This means the Council can increase compensation annually either a fixed CPI amount, not to exceed 5% per year; or, by up to 10%, depending on CPI. The advantage of the fixed amount is that the increase is not dependent on actual CPI for each year, so if the CPI is low or negative, the compensation would increase by the fixed percentage regardless. The advantage of the CPI-up-to 10% increase is that in times like the last couple of years where inflation is so high, Council compensation increases would more closely match cost of living increases. 11 If the Council were to adopt the ordinance increasing compensation, the entire Council would become eligible for the salary increase by virtue of one or more Council members beginning a new term of office, following the November 5, 2024 election.
Other Considerations:
• An elected mayor may by Ordinance or ballot measure be provided with additional compensation. Gov’t Code Section 36516.1.
• Council may increase compensation by amounts lower than those provided for in the statute.
• The enacting Ordinance cannot provide for automatic increases. • The increases are not compounded year-to-year but rather are based on the amount of compensation as adopted by the most recent ordinance.
• All increases must be adopted by Ordinance.
• SB 329 adds the following requirements to the adoption of or amendment to an Ordinance. o Any proposed Ordinance, including findings justifying the need for increased compensation, must be presented at the first meeting – typically, legislative actions do not require findings, so it is noteworthy that Council compensation increases do. o The adoption of the Ordinance can take place at the second meeting, which must be held at least seven days after the first meeting -- this differs from the typical fiveday waiting period between the introduction and adoption of an ordinance.
Financial Impact: $15,000 expense increase per fiscal year to the General, Water, and Sewer Funds.
Attachments:
A. Ordinance No. 2024-03
12 ORDINANCE NO. 2024-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JOAQUIN, CALIFORNIA AMENDING SECTION 30.22 OF TITLE III, CHAPTER 30 OF THE SAN JOAQUIN MUNICIPAL CODE
REGARDING CITY COUNCIL COMPENSATION
WHEREAS, Sections 36516 and 36516. 5 of the California Government Code authorizes the setting of salary for the Council Members and the Mayor based on population; and WHEREAS, pursuant to San Joaquin Municipal Code Section 30.22, the monthly salary for Members of the City Council has been set at $50.00 per month since 2018; and WHEREAS, in 2023, the State Legislature passed and the Governor signed into law Senate Bill 329; and
WHEREAS, Senate Bill 329 (“SB 329”) was adopted to “reset” City Council salaries to reflect the important work done by City Council Members, to take into account the impacts of inflation and economic realities on those who serve as City Council Members, and to encourage more persons to consider service as Council Members by making the compensation more reflective of the time and work being performed; and
WHEREAS, the City has a population of approximately 4,000; and WHEREAS, there has been a significant increase in the work of City staff and the City Council since Council compensation was last adjusted; and WHEREAS, the City Council reviewed and discussed the purpose and impacts of SB 329 on the future governance of the City of San Joaquin at its meeting of October 1, 2024; and WHEREAS, the ceiling salary for cities with a population of 35,000 or less is $950.00.
WHEREAS, the Council has determined to adjust salary within the allowable amounts set forth in SB 329.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals and findings are true and correct and incorporated by reference.
SECTION 2. This Ordinance is adopted in conformance with the authority granted under Government Code Section 36516 and 36516. 5.
13 SECTION 3. Section 30.22 of Title III, Chapter 30 of the San Joaquin Municipal Code is amended to read as follows:
§ 30.22 COMPENSATION.
(A) Salary. Commencing with and effective upon the commencement of the new Council term following the election to be held in November 5, 2024, each Council Member shall receive a salary of $300 per month for City Council service. (B) Reimbursement for actual and necessary expenses. Council Members may be reimbursed for actual and necessary expenses pursuant to a reimbursement policy adopted as required by Cal. Gov’t Code §§ 53232.2 and 53232.3.
SECTION 4. CEQA. The City Council finds that adoption of this Ordinance is exempt from CEQA because: (i) it is not a project within the meaning of Public Resources Code, section 21065 because it has no potential to alter the physical environment; and (ii) pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption pursuant to Government Code section 36937.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published pursuant to Government Code section 36937. (Certification on following page)
14 The foregoing ordinance was introduced at a special meeting of the City Council of the City of San Joaquin on October 22, 2024, and was passed and adopted at a regular meeting of the City Council of the City of San Joaquin on November 5, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing ordinance is hereby approved.
________________________________
Julia Hernandez
Mayor
ATTEST:
_________________________________
Matt Flood
City Clerk
15 STAFF REPORT TO COUNCIL
October 17, 2024
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Youth Recreational Funding Program Applications and Recommended Disbursements.
Recommendation
That Council adopt Resolution No. 2024-38 approving form agreement for the disbursement of Youth Recreational Funding Program funds, approval of qualifying organizations, authorizing City Manager to execute agreements with San Joaquin Indians Little League Travel Team, Tranquility Youth Football & Cheer, Tranquility FFA Booster Club, and Westside Red Ribbon Committee, and waiving the business license fees for same.
Executive Summary
Four applications from organizations who serve youth in our community were received for a total request of $40,000. Applications were reviewed to determine if they meet the required criteria and were in compliance with the program guidelines. The following are the recommendations for funding:
• San Joaquin Indians Little League Travel Team $10,000 • Tranquillity Youth Football & Cheer $10,000
• Tranquillity FFA Booster Club $10,000
• Westside Red Ribbon Committee $2,000
Staff will work with the organizations to execute an agreement. The term of the agreement will be October 1, 2024 through April 30, 2026. All qualifying expenses shall be reimbursed to Contractor.
As a requirement of being a contractor/vendor for the City a business license must be secured. A request of council is being made to consider waiving the business license fee for each of these vendors for the duration of this agreement.
Background
September 3, 2024 council approve a resolution authorizing the launch of a mini grant program in the San Joaquin Community for total funds available of $50,000. Organizations applied for awards of up to $10,000 for eligible youth groups demonstrating the ability to meet all guidelines and requirements. Application period was September 4, 2024 through September 20, 2024.
Applications must have been received at City Hall by 4pm on the day of the deadline to be considered for funding. A signed copy of the Youth Recreational Funding Program Guidelines must accompany the application for application to be deemed complete. In addition to be eligible for funding organizations must demonstrate the following:
16 REPORT TO CITY COUNCIL
A. Organization or youth group must demonstrate a significant San Joaquin client base
B. Use at least 95% of City funds granted for direct services as opposed to administrative costs
C. If selected for funding the organization must enter into an agreement with the City of San Joaquin prior to the use and allocation of funds 17 RESOLUTION NO. 2024-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN
APPROVING FORM AGREEMENT FOR THE DISBURSEMENT OF YOUTH
RECREATIONAL FUNDING PROGRAM FUNDS, APPROVAL OF QUALIFYING
ORGANIZATIONS, AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS
WITH SAN JOAQUIN INDIANS LITTLE LEAGUE TRAVEL TEAM, TRANQUILITY
YOUTH FOOTBALL & CHEER, TRANQUILITY FFA BOOSTER CLUB, AND
WESTSIDE RED RIBBON COMMITTEE, AND WAIVING THE BUSINESS LICENSE
FEES FOR SAME
WHEREAS, the Board of State and Community Corrections (BSCC) has provided funding to the City of San Joaquin per the Budget Act of 2021; and WHEREAS, the City of San Joaquin received $2,000,000 for Public Safety Regional Support; and
WHEREAS, this disbursement was made in accordance with Senate Bill 170, Chapter 240, Statutes of 2021, Control Section 19.56 (e), (227); and WHEREAS, the funding period is July 1, 2021 through June 30, 2026; and WHEREAS, the allocations is made to the City of San Joaquin after a recent increase in Gang Activity has negatively impacted the youth and community; and WHEREAS, the City wishes to offer a Youth Recreational Funding Program Mini Grant to help strengthen youth groups in the community; and
WHEREAS, the Mini Grant will increase the number of opportunities available for youth to engage in an enrichment activity; and
WHEREAS, the Mini Grant opportunities for youth to become engaged and experience improvements in mental health, teamwork, social responsibility and enhanced confidence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Joaquin as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The City Council authorizes the use of funds per Budget Act of 2021 for the qualifying expenses for Youth Recreational Funding Program Mini Grants in the amount of $32,000 by June 20, 2026.
3. The Council approves entering into agreements with the following organizations:
18 • San Joaquin Indians Little League Travel Team $10,000 • Tranquillity Youth Football & Cheer $10,000
• Tranquillity FFA Booster Club $10,000
• Westside Red Ribbon Committee $2,000
4. The form agreement attached as Exhibit A is approved and the City Manager is authorized to execute the agreement with the above-referenced organizations.
5. Business license fees are waived for aforementioned organization for the duration of the agreement.
The foregoing resolution was adopted at a special meeting of the City Council of the City of San Joaquin October 22, 2024 and passed at said meeting the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Julia Hernandez, Mayor
ATTEST:
_______________________________
Matthew Flood, City Clerk
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EXHIBIT A
AGREEMENT BETWEEN THE CITY OF SAN JOAQUIN
AND _______________
FOR A YOUTH RECREATIONAL PROGRAM
This Agreement for a Youth Recreational Program (“Agreement”), is entered this October 22, 2024, by and between the City of San Joaquin, a municipal corporation (herein called the “City”) and__________________________, a California non-profit 501(C)(3), (herein called the “Contractor” or “______”).
WHEREAS, the City has received Public Safety Regional Support grant funding, a portion of which the City wishes to allocate to Youth Recreational Programs; and WHEREAS, the City is in need of specialized services provided by an organization that can work with youth and young adults to be able to adequately manage the aforementioned program; and WHEREAS, the City wishes to engage _______ in the fulfilling of this niche purpose, for the health and safety of its community; and
WHEREAS, _______ wishes to provide the services set forth in this Agreement.
NOW, THEREFORE, it is agreed by and between the Parties as follows:
I. FUNDING AVAILABILITY AND USE
A. Contingent on funding
The terms of this Agreement are valid and enforceable only to the extent funds continue to be made available, which funding may come from various sources, including Local, State, Federal, or Private funding.
B. Limitation on Use of Funds
Funds from the City shall be used by the Contractor only for the activities described in this Agreement and any properly executed amendment thereto. Funds found to have been expended improperly or for which sufficient documentation is not available shall be repaid by the Contractor to the City.
II. SCOPE OF SERVICE
A. Activities
•
B. Provisions by the City
The Contractor shall comply with Youth Recreational Funding Program Guidelines and secure a City of San Joaquin Business License prior to reimbursement of funds. 20
III. TIME OF PERFORMANCE
Services of the Contractor shall start on October 1, 2024 and end on April 30, 2026. The intent of the term of this Agreement is to cover any additional time period during which the City or Contractor possesses funding to ensure adequate operation of the program and desired activities. In that regard, the Agreement may be extended on a month-to-month basis in writing signed by both Parties. The City Manager is authorized to extend the Agreement on a month-to-month basis.
IV. BUDGET
The Contractor shall track and provide any documentation necessary to ensure the appropriate use of funding, including providing monthly reports of all Public Safety Regional Support and other City Funds expensed. Additional reporting may be requested of Contractor by City and shall be done in writing.
The budget amount for this Program within the term of this Agreement shall not exceed $10,000. All qualifying expenses shall be reimbursed to Contractor based on Section V below.
Any amendments to the budget must be requested in writing by both the City and Contractor.
V. PAYMENT
All qualifying expenses incurred by the Contractor shall be granted on a reimbursement basis, via a monthly expense report provided by Contractor on a form acceptable to the City.
The total of all reimbursements for ongoing services, shall not exceed $10,000, for the duration in which the Contractor continues to provide services under this Agreement.
VI. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means such as email. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract representatives:
City: Contractor:
City of San Joaquin Organization Name
Attn: City Manager Attn:
21900 Colorado Avenue Address
San Joaquin, CA 93660 San Joaquin, CA 93660
(559) 693-4311 Business phone
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VII. GENERAL CONDITIONS
A. General Compliance
The Contractor agree to use all funding provided in compliance with the spirit and intent of the provisions by which these funds were provided to the City, (Senate Bill 170, Chapter 240, Statutes of 2021, Control Section 19.56[e][227]).
B. Independent Contractor
For the purposes of this Agreement, “Contractor” shall be deemed to include not only Contractor, but also any agent or employee of Contractor. Contractor acknowledges and agrees that at all times, Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Contractor, its agents, and employees will not represent or hold themselves out to be employees of the City at any time. Contractor or any agent or employee of Contractor shall not have employee status with City, not be entitled to participate in any plans, arrangements, or distributions by City pertaining to or in connection with any retirement, health or other benefits that City may offer its employees. Contractor or any agent or employee of Contractor is liable for the acts and omissions of itself, its employees, and its agents. Contractor shall be responsible for all obligations and payments, whether imposed by federal, state, or local laws, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Contractor’s performing services and work, or any agent or employee of Contractor providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between City and Contractor or any agent or employee of Contractor. Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to policy and the result of Contractor’s work only, and not as to the means by which such a result is obtained. City does not retain the right to control the means or the method by which Contractor performs work under this Agreement.
C. Hold Harmless
_______ shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Contractor’s performance or nonperformance of the services or subject matter called for in this Agreement.
D. Insurance & Bonding
The Contractor shall maintain adequate liability insurance naming the City as additionally insured. Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
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E. Amendments
The City or Contractor may propose an amendment to this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City Council. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Contractor from its obligations under this Agreement.
The City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the City and _______.
F. Suspension or Termination
The City or Contractor may terminate this agreement for any reason, with or without cause, by providing a 30-day notice of intent to terminate to the other party.
VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
IX. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
X. WAIVER
The City’s failure to act with respect to a breach by the Contractor does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
XI. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City and the Contractor for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Contractor with respect to this Agreement.
Date: ____________
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IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
City of San Joaquin Organization Name
By: By:
Elizabeth Cabrera, City Manager Signatory
Contractor’s
Federal I.D. #
Attest
24 MEETING DATE: October 22, 2024
TO: City Council
FROM: Matt Flood, Assistant City Manager
SUBJECT: Corrected resolution to submit CDBG funding request for San Joaquin Sports Park Phase II Improvement and Salvation Army Food Relief Program.
RECOMMENDATION:
Council rescind Resolution No. 2024-33 and adopt corrected Resolution No. 2024-39, approving an application for funding and the execution of a Grant Agreement and any amendments thereto from the 2024 funding year of the Stated CDBG Program.
EXECUTIVE SUMMARY:
At the October 1st Regular Council Meeting, Council adopted a resolution required by the California Department of Housing and Community Development (HCD) as part of the CDBG program that would acquire funds to carry out Phase II of the San Joaquin Sports Park and provide funds for a community food dispensing program.
HCD notified staff shortly after the meeting that the resolution will need to include what are called “General Administration” costs on a separate line of the budget. Since HCD is very particular about what has to be included, staff is bringing back a corrected resolution to fulfill this requirement.
Nothing else about the application, funding or program, is changing from what Council approved at that prior meeting. So staff is requesting that Council rescind the previous resolution and pass this corrected one for submittal to HCD.
Attachments: A. Resolution No. 2024-39
25 Resolution of the Governing Body
RESOLUTION NO. 2024-39
A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO FROM THE 2024 FUNDING YEAR OF THE STATE CDBG
PROGRAM
BE IT RESOLVED by the City Council of the City of San Joaquin as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $3,600,000 for the following CDBG activities, pursuant to the and 2024 CDBG NOFA:
List activities and amounts
Activity (e.g. Public Services,
Infrastructure, etc.)
Dollar Amount Being Requested for the
Activity
Public Facility – Park Improvements Up to $3,200,000
Public Service – Salvation Army Food Program Up to $280,400 General Administration $ 119,600
$
$
SECTION 2:
The City Council hereby approves the use of Program Income in an amount not to exceed $0.00 for the CDBG activities described in Section 1.
SECTION 3:
The City Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 4:
The City Council hereby authorizes and directs the City Manager or designee*, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications.
SECTION 5:
If an application is approved, the Mayor or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement), any recordable or 26 nonrecordable contract documents, and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 6:
If an application is approved, the City Manager or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of San Joaquin held on 10/22/2024 by the following vote:
AYES: Enter # of votes or names
NOES: Enter # of votes or names
ABSENT: Enter # absentees or names
ABSTAIN: Enter # of abstains or names
Julia Hernandez,
Mayor City Council
STATE OF CALIFORNIA
City of San Joaquin
I, Matthew Flood, City Clerk of the City of San Joaquin, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 22nd day of October, 2024 and that said resolution has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.
______________________________________
By: Matthew Flood, City Clerk of the City of
San Joaquin, State of California
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