San Joaquin City Council
August 5, 2025

SAN JOAQUIN CITY COUNCIL REGULAR MEETING

SAN JOAQUIN COUNCIL CHAMBERS
21991 COLORADO AVE (A)

SAN JOAQUIN, CA
TUESDAY, AUGUST 05, 2025
6:00 P.M.

MEMBERS OF THE COUNCIL WILL BE IN ATTENDANCE AT THE MEETING.

MEMBERS OF THE PUBLIC MAY ATTEND AND PARTICIPATE IN THIS MEETING

IN PERSON OR BY ZOOM OR SUBMIT WRITTEN COMMENTS AT CITY HALL OR BY EMAIL PRIOR TO THE MEETING AT [email protected].

ZOOM INFORMATION:
https://us02web.zoom.us/j/81662931320?pwd=wtaYDvx5EOfYocHbKibTiQ6QiFdorr.1 MEETING ID: 816 6293 1320
PASSCODE: 831060
TELEPHONE NUMBER: 1-669- 444-9171
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.

The City 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 item 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 public comments will be limited to three minutes per person.

1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Adam Flores-Cornejo Mayor
Martha Mejia Mayor Pro Tem
Cristina Covarrubia Councilmember
Abel Lua Councilmember
Rosa M. Ramirez Councilmember

2. APPROVAL OF AGENDA –

3. PRESENTATION –
______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org

4. PROCLAMATION –

5. CONSENT CALENDAR –
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion. For discussion of any Consent Item, it will be considered separately at the request of any member of the City Council or any person in the audience - A. SUBJECT: Minutes of the Regular City Council Meeting of July 14, 2025.

RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of July 14, 2025. (Enclosure P. 1, Action Item) B. SUBJECT: Warrants #’s 056380-056424.

RECOMMENDATION: Council approve Warrant #’s 056380-056424 as presented. (Enclosure P. 5, Action Item) C. SUBJECT: Two Supplemental Pipeline Crossing Agreements, Project No. 0771280 and Project No. 0771281 (Agreements), between the Union pacific Railroad Company and the City of San Joaquin for the proposed waterline crossing below Railroad Property near the 12th Street Alignment and proposed waterline crossing below Railroad Property at Manning Ave, and Authorize the City Manager to execute the Supplemental Agreements and issue payment to Union Pacific Railroad Company.

RECOMMENDATION: Council approve the Two Supplement Pipeline Crossing Agreements, Project No. 0771280 and Project No. 0771281 (Agreements), between the Union Pacific Railroad Company and the City of San Joaquin for proposed waterline crossing below Railroad Property near 12th Street Alignment and proposed waterline crossing below Railroad Property at Manning Ave, and Authorize the City Manager to execute the Supplemental Agreements and issue payment to Union pacific Railroad Company. (Enclosure P. 10, Action Item)

6. SHERIFF REPORT – Informational Only

7. CITY MANAGER REPORT – Informational Only

8. CITY ATTORNEY REPORT – Informational Only

9. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA
ITEMS –
This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, (iii) and to initiate new agenda items.

Under this section the Council may take action only on items specifically agendized and which meet other requirements for actions.

10. PUBLIC FORUM –
This part of the meeting is for members of the public to address the City Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the City Council of the City of San Joaquin. If you wish to comment on an item which is not on the agenda, you may do so at this time and each speaker is limited to three (3) minutes.

Speakers are asked, but not required, to state their name and address and to use the microphone. The Council is prohibited by law from taking action on items not on the agenda. Discussion shall be limited to referring the item to staff and possible scheduling on a future council agenda.

11. PUBLIC HEARINGS –

12. SAN JOAQUIN PLANNING COMMISSION –

13. OLD BUSINESS –

14. NEW BUSINESS –
A. SUBJECT: Amended and Restated Joint Powers Agreement with Central San Joaquin Valley Risk Management Authority (SJVRMA).

RECOMMENDATION: That Council adopt Resolution No. 2025-35 Approving Amendment to Joint Powers Agreement with SJVRMA Authority. (Enclosure P.52 , Action Item) B. SUBJECT: Appoint a Voting Delegate for California League of Cities General Assembly.

RECOMMENDATION: Council discuss and provide staff direction with council members appointed to serve a voting delegate for Cal Cities General Assembly. (Enclosure P. 92, Action Item)
C. SUBJECT: Consideration of Amendment No. 1 To Municipal Solid Waste Franchise Agreement Between City Of San Joaquin, California And Mid-Valley Disposal, LLC.

RECOMMENDATION: That Council adopt Resolution No. 2025-36 Approving Amendment No. 1 to Municipal Solid Waste Franchise Agreement Between City Of San Joaquin, California And Mid-Valley Disposal, LLC. (Enclosure P. 96, Action Item) D. SUBJECT: Consideration of new personnel position titled Executive Assistant/City Clerk.

RECOMMENDATION: That Council adopt Resolution No. 2025-37 Approving new position titled Executive Assistant/City Clerk and related salary schedule and ratification of Interim Appointment to said position. (Enclosure P. 104, Action Item) E. SUBJECT: Consideration of Amendment No. 3 to Agreement for Legal Services with Montoy Law Corporation.

RECOMMENDATION: That Council adopt Resolution No. 2025-38 approving Amendment No. 3 to Agreement for Legal Services with Montoy Law Corporation. (Enclosure P. 111, Action Item)
F. SUBJECT: Consideration of Eighth Amendment to Employment Agreement with City Manager.

RECOMMENDATION: That Council adopt Resolution No. 2025-39 approving Eighth Amendment to Employment Agreement with City Manager. (Enclosure P. 116, Action Item)

15. CLOSED SESSION –

16. ADJOURN MEETING –
NOTICE OF ADA COMPLIANCE: If you or anyone in your party needs assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g. hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City Office at (559) 693-4311 so such aids or services can be arranged. Request may also be made by email to the City Clerk at [email protected] or mailed to San Joaquin City Hall, P.O. Box 758, San Joaquin, CA 93660. Accommodations should be requested as early as possible as additional time may be required in order to provide the request accommodation is suggested.

NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council regarding within 72 hours of the meeting 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 and on the City’s website at www.cityofsanjoaquin.org
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, Alondra Bautista, Interim City Clerk of the City of San Joaquin, do hereby declare that the foregoing agenda for the regular San Joaquin City Council Meeting of Tuesday, August 5, 2025 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 Friday, August 01, 2025 by 5:00 P.M.
*NEXT REGULAR COUNCIL MEETING SCHEDULED TUESDAY, SEPTEMBER 2, 2025*

SAN JOAQUIN CITY COUNCIL REGULAR MEETING

MINUTES
MONDAY, JULY 14, 2025

1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Mayor Adam Flores-Cornejo Present
Mayor Pro Tem Martha Mejia Present
Councilmember Cristina Covarrubia Present
Councilmember Abel Lua Absent
Councilmember Rosa Maria Ramirez Absent
The Meeting was called to order and the pledge of allegiance led by Mayor Flores-Cornejo at 6:01pm.

2. APPROVAL OF AGENDA
A motion was made by Mayor Pro Tem Mejia to approve the agenda, seconded by Councilmember Covarrubia. Motion passed 3-0 (Absent: Lua and Ramirez).

3. PRESENTATION

4. PROCLAMATION

5. CONSENT CALENDAR
A. SUBJECT: Minutes of the Regular City Council Meeting of June 3, 2025.

RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of June 3, 2025.

B. SUBJECT: Warrants #’s 056318-056378.

RECOMMENDATION: Council approve Warrant #’s 056318-056378 as presented.

C. SUBJECT: Renewal of Oil Payment Program (OPP16).

RECOMMENDATION: Council authorize the City Manager to execute the letter of Authorization for the Oil Payment Program (OPP16).
______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org 1 D. SUBJECT: A Resolution of the City Council of the City of San Joaquin, CA accepting completion of Well No. 6 Construction Project No. 18-CDBG-12917 and Project No. 1010034-005C Phase 1, authorizing the City Clerk to file a Notice of Completion with Fresno County, and authorizing the City Manager to make Final Payment of Retention Monies to Dawson-Mauldin, LLC.

RECOMMENDATION: Adopt Resolution No. 2025-31 accepting completion for Well No. 6 Construction, authorize the City Clerk to file a Notice of Completion with Fresno County, and authorize the City Manager to make Final Payment of Retention Monies to Dawson-Mauldin, LLC.

E. SUBJECT: Consideration of Ordinance amending the Zoning Map and R-1 and R-2 Designation.

RECOMMENATION: Waive the Second Reading and adopt Ordinance No. 2025-01, amending Sections 71.08, 154.004, 154.062 and 153.071 of the San Joaquin Municipal Code and Approving the Rezoning of APN 033-040-50 from R-1 Zone Designation to R-2 Zone Designation.

A motion was made by Mayor Flores-Cornejo to adopt the Consent Calendar, seconded by Mayor Pro Tem Mejia. Motion passed 3-0 (Absent: Lua and Ramirez).

6. SHERIFF REPORT
Deputy Swain provided his monthly report.

7. CITY MANAGER REPORT
City Manager Cabrera provided her report.

8. CITY ATTORNEY REPORT
The City Attorney provided her report.

9. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA ITEMS Councilmember Covarrubia provided her announcement.

10. PUBLIC FORUM
No members of the Public provided comment.

11. PUBLIC HEARINGS
A. SUBJECT: 18-CDBG-12917 Contract Closeout – Public Hearing 2 RECOMMENDATION: Receive staff report summarizing the accomplishments performed under State CDBG Agreements 18-CDBG-12917; solicit citizen input regarding expenditures and accomplishments of the funding received under this contract and direct staff to proceed with submitting required documents for closeout to the State.

At 6:30 pm the Mayor opened the hearing to the public. At 6:32 pm the Mayor closed the public hearing to the public. A motion was made by Councilmember Covarrubia to approve the item, seconded by Mayor Flores-Cornejo. Motion passed 3-0 (Absent: Lua and Ramirez).

12. SAN JOAQUIN PLANNING COMMISSION

13. OLD BUSINESS

14. NEW BUSINESS
A. SUBJECT: Council authorization to enter into agreements with California Highway Patrol & Rural Development Center for the purpose of implementing and executing a community awareness project on dangers of underage drinking & driving under the influence.

RECOMMENDATION Adopt Resolution No. 2025-32 and Resolution No. 2025- 33, approving entering into agreement with California Highway Patrol and Rural Development Center.

A motion was made by Mayor Pro Tem Mejia to approve the item, seconded by Mayor Flores-Cornejo. Motion passed 3-0 (Absent: Lua and Ramirez).

B. SUBJECT: A Resolution of the City Council of the City of San Joaquin continuing expenditures in accordance with 24-25 Budget until adoption of 25-26 Budget.

RECOMMENDATION: Adopt Resolution No. 2025-34, continuing expenditures and revenues in accordance with the 2024-2025 City Budget in lieu of timely 2025-2026 Budget adoption.

A motion was made by Mayor Flores-Cornejo to approve the item, seconded by Mayor Pro Tem Mejia. Motion passed 3-0 (Absent: Lua and Ramirez).

C. SUBJECT: Council consideration of the Yard Sale Ordinance.

RECOMMENDATION: Waive the full reading and introduce Ordinance No. 2025- 02, amending Chapter 114 of Title IX of the San Joaquin Municipal Code relating to Yard Sale Regulations.
3 A motion was made by Councilmember Covarrubia to approve the item, seconded by Mayor Flores-Cornejo. Motion passed 3-0 (Absent: Lua and Ramirez).

15. CLOSED SESSION

16. ADJOURN MEETING
At 6:51 p.m., with no other business remaining before the City Council, a motion was made and seconded to adjourn the meeting. Motion passed 3-0 (Absent: Lua and Ramirez). 4 5
6 7
8 9

STAFF REPORT
Date: August 5, 2025
TO: Mayor and Councilmembers
FROM: Mario Gouveia, City Engineer
REVIEWED BY: Elizabeth Cabrera, City Manager
SUBJECT:

Consider and approve two Supplemental Pipeline Crossing Agreements, Project No. 0771280 and Project No. 0771281 (Supplemental Agreements), between the Union Pacific Railroad Company and the City of San Joaquin for the proposed waterline crossing below Railroad Property near the 12th Steet Alignment and the proposed waterline crossing below Railroad Property at Manning Avenue, and Authorize the City Manager to execute the Supplemental Agreements and issue payment to Union Pacific Railroad Company.

RECOMMENDATION:

Staff recommends that the City Council consider and approve two Supplemental Pipeline Crossing Agreements, Project No. 0771280 and Project No. 0771281 (Supplemental Agreements), between the Union Pacific Railroad Company and the City of San Joaquin for the proposed waterline crossing below Railroad Property near the 12th Steet Alignment and the proposed waterline crossing below Railroad Property at Manning Avenue, and Authorize the City Manager to execute the Supplemental Agreements and issue payment to Union Pacific Railroad Company.

BACKGROUND:

The City of San Joaquin applied for and received a Funding Agreement from the California State Water Resources Control Board for the purpose of the construction of Well #3 & Well #5 Manganese Removal System Project. The project has been awarded and construction began in March of 2025. Construction will include water treatment facilities for manganese removal and pipeline replacement at various locations throughout the City.

As part of the pipeline portion of the project, there are two locations where the proposed waterline will be crossing below the Railroad Property. The waterline crossing near the 12th Street Alignment will replace the existing waterline at this location that has surpasses its useful life and the waterline crossing on Manning Avenue will loop the water system to improve system distribution and pressure.

In April of 2020, the City submitted two applications to the Union Pacific Railroad Company for the proposed waterline crossings. In September of 2020, the City Council approved Resolution 2020-26 that authorized the City Manager to execute the pipeline crossing agreements (Crossing 10 Agreements) with Union Pacific Railroad, previously referred to as Folder No. 03209-37, License Audit No. 298324 and Folder No. 03209-38, License Audit No. 298376.

Due to funding delays for the project, the Crossing Agreements executed in 2020 have expired.

In May of 2025, the City resubmitted applications in order to extend the previously executed agreements.

The proposed waterlines will be constructed as part of the Well #3 and Well #5 Manganese Removal System Project. The City received the Supplemental Agreements from Union Pacific Railroad Company that need to be in place prior to construction starting at these locations.

DISCUSSION:

The purpose of the Supplemental Agreements is to extend the previously executed Crossing Agreements from Union Pacific Railroad Company (Licensor) to grant the right for the City of San Joaquin (Licensee) to install, operate, and maintain the proposed waterlines that cross the Railroad Property.

The Supplemental Agreements require specific insurance policies that will have to be obtained and maintained by a Contractor during construction. The City will be responsible for providing monitoring of tracks and construction observation services by an observer approved by the Licensor during installation of the waterline crossings.

FISCAL IMPACT:

The executed Supplemental Agreement, Project No. 0771280 for the proposed waterline crossing below Railroad Property near the 12th Street Alignment will have a one-time fee of $3,500.00 for processing the Supplemental Agreement.

The executed Supplemental Agreement, Project No. 0771281 for the proposed waterline crossing below Railroad Property at Manning Avenue will have a one-time fee of $3,500.00 for processing the Supplemental Agreement.

These fees are reimbursable under the existing DWSRF Construction Grant.

ATTACHMENTS:

1. Resolution No. 2020-26, previously approved for Folder No. 03209-37 and Folder No. 03209-38 Agreements

2. Union Pacific Railroad Company, Supplemental Agreement, Project No. 0771280

3. Union Pacific Railroad Company, Supplemental Agreement, Project No. 0771281

4. Union Pacific Railroad Company, Executed Pipeline Crossing Agreement, Folder No. 03209-37, License Audit No. 298324

5. Union Pacific Railroad Company, Executed Pipeline Crossing Agreement, Folder No. 03209-38, License Audit No. 298376
11 12
13 July 28, 2025
Project: 0771280

CITY OF SAN JOAQUIN
RE: Supplemental Agreement for License Audit No. 298324, Covering Use of Railroad Property at Mile Post 191.95 on the Riverdale (sjvr) Subdivision at or near San Joaquin, Fresno County, California.

Attached is an original of the agreement covering your use of the Railroad Company’s right of way.

Review and return the partially executed agreement via email.

Payment, with Project No. 0771280 referenced, in the amount of Three Thousand Five Hundred Dollars ($3,500.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.

Send Electronic Payments to:

Name: Bank of America, Dallas, TX
Union Pacific Account = 3752021457
• ACH Routing Number = 1110-0001-2
• Wire Routing Number = 026009593
Mail Checks to:

Union Pacific Railroad Company
12567 Collection Center Drive
Chicago, IL 60693
• CHECKS ONLY – NO AGREEMENTS
UP does not currently offer a credit card option for these payments.

Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

If we have not received the executed document within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.

After final approval and processing, the fully-executed agreement will be returned to you via email with instructions for coordinating your work. In no event should you begin work until you have received your counterpart of the fully-executed agreement.

If you have any questions, please contact me at [email protected].

Sincerely,
Thomas Leddy
Mgr II Real Estate - Contracts
14 SUPPAGR.DOC 980220
Form Approved, AVP-Law
Audit: 298324
Project: 0771280

SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into on July 28, 2025, between UNION PACIFIC RAILROAD COMPANY (“Licensor”) and CITY OF SAN JOAQUIN, whose address is 21900 Colorado Avenue, San Joaquin, California 93660 (“Licensee”).

RECITALS:

By instrument dated June 25, 2020, Licensor and Licensee, or their predecessors in interest, entered into an agreement (“Basic Agreement”), identified as Audit No. 298324, at San Joaquin, California.

AGREEMENT:

NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:

Article 1. SUBSTITUTION OF PRINT.

The print dated June 9, 2025, attached hereto as Exhibit 'A', shall be and hereby is substituted for the print dated April 10, 2020 attached to the Basic Agreement, and from and after the effective date herein whenever the term is used in the Basic Agreement, or any amendment or supplement thereto (if any), such reference shall be deemed to refer to the Exhibit 'A', hereto attached.

Article 2. CONSENT TO WORK.

This Supplemental Agreement will serve as notification that the Railroad Company approves of your intentions to perform the work in accordance with Exhibit A.

Article 3. EFFECTIVE DATE.

This Supplemental Agreement shall be effective as of July 28, 2025.

Article 4. AGREEMENT SUPPLEMENT.

Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein.

Article 5. ADMINSTRATIVE HANDLING CHARGE.

Upon execution of this Supplemental Agreement, Licensee shall pay to Licensor an Administrative Handling Charge of Three Thousand Five Hundred Dollars ($3,500.00). 15 Article 6. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work. Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271
IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the day and year first written.

UNION PACIFIC RAILROAD COMPANY CITY OF SAN JOAQUIN
By: __________________________________ By: __________________________________ Thomas Leddy
Mgr II Real Estate - Contracts
Name Printed: __________________________
Title: _________________________________
16 X
90 805
155
42 18 95
2 5.5
4 NOTES:
1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1

BORED AND JACKED

AT MINIMUM SIGNS WILL BE PROVIDED AS STATED ABOVE

PLASTIC NA

POTABLE DRINKING WATER
100 100
18 6
NO

STEEL PIPE NA
155

0.375 18
YES
SEALED
42 95

MAINLINE TRACK

36.60472222
-120.18555556

SAN JOAQUIN FRESNO CA
0803590 6/9/2025

CITY OF SAN JOAQUIN

NON-FLAMMABLE LIQUID

PIPELINE
Manning Avenue C/L
17 July 28, 2025
Project: 0771281

CITY OF SAN JOAQUIN
RE: Supplemental Agreement for License Audit No. 298376, Covering Use of Railroad Property at Mile Post 192.1 on the Riverside (sjvr) Subdivision at or near San Joaquin, Fresno County, California.

Attached is an original of the agreement covering your use of the Railroad Company’s right of way.

Review and return the partially executed agreement via email.

Payment, with Project No. 0771281 referenced, in the amount of Three Thousand Five Hundred Dollars ($3,500.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.

Send Electronic Payments to:

Name: Bank of America, Dallas, TX
Union Pacific Account = 3752021457
• ACH Routing Number = 1110-0001-2
• Wire Routing Number = 026009593
Mail Checks to:

Union Pacific Railroad Company
12567 Collection Center Drive
Chicago, IL 60693
• CHECKS ONLY – NO AGREEMENTS
UP does not currently offer a credit card option for these payments.

Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

If we have not received the executed document within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.

After final approval and processing, the fully-executed agreement will be returned to you via email with instructions for coordinating your work. In no event should you begin work until you have received your counterpart of the fully-executed agreement.

If you have any questions, please contact me at [email protected].

Sincerely,
Thomas Leddy
Mgr II Real Estate - Contracts
18 SUPPAGR.DOC 980220
Form Approved, AVP-Law
Audit: 298376
Project: 0771281

SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into on July 28, 2025, between UNION PACIFIC RAILROAD COMPANY (“Licensor”) and CITY OF SAN JOAQUIN, whose address is 21900 Colorado Avenue, San Jaoquin, California 93660 (“Licensee”).

RECITALS:

By instrument dated July 6, 2020, Licensor and Licensee, or their predecessors in interest, entered into an agreement (“Basic Agreement”), identified as Audit No. 298376, at San Joaquin, California.

AGREEMENT:

NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:

Article 1. SUBSTITUTION OF PRINT.

The print dated June 9, 2025, attached hereto as Exhibit 'A', shall be and hereby is substituted for the print dated April 10, 2020 attached to the Basic Agreement, and from and after the effective date herein whenever the term is used in the Basic Agreement, or any amendment or supplement thereto (if any), such reference shall be deemed to refer to the Exhibit 'A', hereto attached.

Article 2. CONSENT TO WORK.

This Supplemental Agreement will serve as notification that the Railroad Company approves of your intentions to perform the work in accordance with Exhibit A.

Article 3. EFFECTIVE DATE.

This Supplemental Agreement shall be effective as of July 28, 2025.

Article 4. AGREEMENT SUPPLEMENT.

Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein.

Article 5. ADMINSTRATIVE HANDLING CHARGE.

Upon execution of this Supplemental Agreement, Licensee shall pay to Licensor an Administrative Handling Charge of Three Thousand Five Hundred Dollars ($3,500.00). 19 Article 6. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work. Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271
IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the day and year first written.

UNION PACIFIC RAILROAD COMPANY CITY OF SAN JOAQUIN
By: __________________________________ By: __________________________________ Thomas Leddy
Mgr II Real Estate - Contracts
Name Printed: __________________________
Title: _________________________________
20 X
42°29'

97.0 43 14 40
2 5.5

4.8 NOTES:
1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1

BORED AND JACKED

SIGNS WILL NOT BE PROVIDED

PLASTIC NA

DRINKING WATER
100 100
18 12
NO

STEEL PIPE NA
145

0.375 20
NO
SEALED
40 40

MAINLINE TRACK

36.60333333
-120.18361111

SAN JOAQUIN FRESNO CA
0803591 6/9/2025

CITY OF SAN JOAQUIN

NON-FLAMMABLE LIQUID

PIPELINE
Manning Avenue C/L
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200  Sacramento, CA 95833 (916) 244-1100  (800) 541-4591
Fax (916) 244-1199  E-Mail [email protected] Northern Region
Angels Camp
Atwater
Ceres
Escalon
Gustine
Hughson
Lathrop
Livingston
Newman
Oakdale
Patterson
Ripon
Riverbank
Sonora
Sutter Creek
Tracy
Turlock
Waterford
Central Region
Chowchilla
Clovis
Dinuba
Dos Palos
Firebaugh
Fowler
Huron
Kerman
Kingsburg
Los Banos
Madera
Mendota
Merced
Orange Cove
Parlier
Reedley
San Joaquin
Sanger
Selma
Southern Region
Arvin
Avenal
Corcoran
Delano
Exeter
Farmersville
Lemoore
Maricopa
McFarland
Porterville
Shafter
Taft
Tehachapi
Tulare
Wasco
Woodlake
DATE: July 14, 2025
TO: CSJVRMA Member City Councils
FROM: Jeanette Workman, Administrator
SUBJECT: AMENDED AND RESTATED CSJVRMA JOINT POWERS AGREEMENT –

ACTION REQUIRED
The Central San Joaquin Valley Risk Management Authority’s (CSJVRMA) staff and CSJVRMA Legal Counsel, Mr. John Lavra, in conjunction with the CSJVRMA Administration and Financial Services Subcommittee, who will make recommendations to the Executive Committee, are conducting a full review of the CSJVRMA governing documents to ensure they continue to reflect the CSJVRMA’s current practices, legal requirements, and operational needs.

Pursuant to action by the Central San Joaquin Valley Risk Management Authority’s (CSJVRMA) Executive Committee on June 26, 2025, we are forwarding to you an Amended and Restated Joint Powers Agreement for presentation and approval by your city’s city council at their earliest opportunity.

Amendments to the Joint Powers Agreement require a written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the member cities. Upon signature by twothirds (2/3rds) of the member cities, any member city failing or refusing to abide by such amendments may be involuntarily terminated as a party to the Agreement.

Mr. Lavra advised the Executive Committee that although the Joint Powers Agreement, even as last amended in 1994, meets the legal requirements as set forth in the government code for Joint Powers Authorities, the document has been updated as follows:
 Definitional terms have been defined more clearly.
 Language has been broadened to give leeway in the event the CSJVRMA wants to consider creating or participating in a captive agency.  An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JPAs to designate a member whose restrictions would apply to the operations of the JPA. Below is an excerpt from correspondence from Mr. Lavra:
“This code section was enacted to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance or resolution simply by becoming a member of a JPA. JPA's are formed to permit public entities to exercise powers on a collective basis, which they could, absent the JPA, exercise individually. However, the legislature wanted to place some restriction on the power of the JPA, without that JPA having to comply with all restrictions that might be in place for all of the members of the JPA. It would be unworkable, for instance, if the JPA had to satisfy or verify any and all 52 CSJVRMA Member City Councils
July 14, 2025

restrictions from the ordinances of all of the members of the JPA when transacting the business of the JPA. In order to strike a balance, section 6509 permits the JPA to agree to any restrictions in its exercise of powers based on the restrictions of one identified member city.”
The City of Ripon has been added to the Agreement as the designated city under Government Code Section 6509 with City of Madera listed as a secondary city in the event the City of Ripon were to terminate its membership. These two cities have no restrictions in place that would conflict with the day-to-day operations of the JPA.

To assist you in presenting this information to your city council for approval, a redline version of the Joint Powers Agreement is attached. Also attached are the following:
 A proposed new Joint Powers Agreement to be executed upon approval by your city council.
 A sample resolution that can be used to document the action taken by your city council in approving the Amended and Restated Joint Powers Agreement. This document is also being provided in a Word format to allow you to modify as appropriate for adoption by your council when approving the Amended and Restated Joint Powers Agreement.

Upon approval of the new Joint Powers Agreement by your city council, the final document needs to be executed by your City Manager/Administrator or an authorized individual from your city. Please forward an original, signed copy of the new Joint Powers Agreement, along with a copy of the adopted and fully executed council resolution, to Samantha Zellmer, CSJVRMA Board Secretary, at the following address:

CSJVRMA
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
If you have any questions, please contact Jeanette Workman, CSJVRMA Administrator, at [email protected] or (916) 244-1110.
53 RESOLUTION NO. 2025-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN

APPROVING AMENDMENT TO JOINT POWERS AGREEMENT OF THE CENTRAL

SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN DOES RESOLVE AS FOLLOWS:

WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; and WHEREAS, the City of San Joaquin is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; and WHERAS, the City of San Joaquin is a member of the CSJVRMA; and WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA; and
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein.

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 of San Joaquin approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto.

3. The City Manager is directed and authorized to execute the agreement.

4. This resolution is effective upon adoption.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 5th day of August 2025 and passed at said meeting the following vote:

AYES:

NOES:

ABSENT:
54 ABSTAIN:

Adam Flores-Cornejo, Mayor
ATTEST:
_______________________________
Alondra Bautista, Interim City Clerk
55 CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT
AS AMENDED JULY 1, 20251994
56 CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

TABLE OF CONTENTS
ARTICLE I ......................................................................................................................................... 3 DEFINITIONS .................................................................................................................................... 3 ARTICLE II ........................................................................................................................................ 4 PURPOSES ....................................................................................................................................... 4 ARTICLE III ....................................................................................................................................... 4 CREATION OF JOINT POWERS AUTHORITY ..................................................................................... 4 ARTICLE IV ....................................................................................................................................... 5 PARTIES TO AGREEMENT ................................................................................................................ 5 ARTICLE V ........................................................................................................................................ 5 MEMBERSHIP .................................................................................................................................. 5 ARTICLE VI ....................................................................................................................................... 6 TERM OF AGREEMENT .................................................................................................................... 6 ARTICLE VII ...................................................................................................................................... 6 POWERS OF THE AUTHORITY .......................................................................................................... 6 ARTICLE VIII ..................................................................................................................................... 7 BOARD OF DIRECTORS .................................................................................................................... 7 ARTICLE IX ....................................................................................................................................... 8 BYLAWS AND REGULATIONS ........................................................................................................... 8 ARTICLE X ........................................................................................................................................ 8 EXECUTIVE COMMITTEE ................................................................................................................. 8 ARTICLE XI ....................................................................................................................................... 9 OFFICERS ......................................................................................................................................... 9 ARTICLE XII ...................................................................................................................................... 9 JOINT PROTECTION PROGRAMS ..................................................................................................... 9 ARTICLE XIII ................................................................................................................................... 10 RESERVE FUNDS ............................................................................................................................ 10 ARTICLE XIV ................................................................................................................................... 10 OPERATING FUND ......................................................................................................................... 10 57 ARTICLE XV .................................................................................................................................... 10 BUDGET ......................................................................................................................................... 10 ARTICLE XVI ................................................................................................................................... 10 FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ............................. 10 Joint Powers Agreement
Table of Contents

ARTICLE XVII .................................................................................................................................. 10 RESPONSIBILITIES OF AUTHORITY ................................................................................................ 11 ARTICLE XVIII ................................................................................................................................. 11 RESPONSIBILITIES OF MEMBER CITIES .......................................................................................... 11 ARTICLE XIX ................................................................................................................................... 12 WITHDRAWAL ............................................................................................................................... 12 ARTICLE XX .................................................................................................................................... 12 INVOLUNTARY TERMINATION ...................................................................................................... 12 ARTICLE XXI ................................................................................................................................... 12 CONTINUED LIABILITY ................................................................................................................... 12 ARTICLE XXII .................................................................................................................................. 12 REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ............................................. 12 ARTICLE XXIII ................................................................................................................................. 13 TERMINATION OF AUTHORITY ...................................................................................................... 13 ARTICLE XXIV ................................................................................................................................. 13 AUDIT ............................................................................................................................................ 14 ARTICLE XXV .................................................................................................................................. 14 ARBITRATION ................................................................................................................................ 14 ARTICLE XXVI ................................................................................................................................. 14 BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE14 ARTICLE XXVII ................................................................................................................................ 14 ENFORCEMENT ............................................................................................................................. 14 ARTICLE XXVIII ............................................................................................................................... 14 AMENDMENTS .............................................................................................................................. 14 58 ARTICLE XXIX ................................................................................................................................. 15 NOTICES ........................................................................................................................................ 15 ARTICLE XXX .................................................................................................................................. 15 COUNTERPARTS ............................................................................................................................ 15 59 Joint Powers Agreement Page 1 Amended July 1, 20251994

AMENDED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AGREEMENT, dated for convenience this 1st day of July, 20251994, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985 and July 1, 1994 by a two-thirds vote of the Member Cities' city councils; and 60 Joint Powers Agreement Page 2 Amended July 1, 20251994 WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended Agreement, dated July 1, 20251994, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto. 61 Joint Powers Agreement Page 3 Amended July 1, 20251994

ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Juoaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority. those funds charged for the purpose of self-insured coverage. "Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
"Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. .

Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding 62 Joint Powers Agreement Page 4 Amended July 1, 20251994 of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program.
"Master Plan Document" shall mean the document, formally adopted by the Executive Committeeparticipating Member Cities, containing the provisions setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws, and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority. ;
"Representative" shall mean the person, normally the City Manager/Administrator of the Member City , who has been designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control). "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposurearea without purchasing insurance to cover the risk or a portion of the risk.

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services;and share risks; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement. 63 Joint Powers Agreement Page 5 Amended July 1, 20251994

ARTICLE III

CREATION OF JOINT POWERS AUTHORITY
A.

Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.

B. It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.

C. The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.

ARTICLE IV

PARTIES TO AGREEMENT
A. Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. . Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended Agreement. . A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. . Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.

B. Each city which is a member of the Authority at the time this amended Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

ARTICLE V

MEMBERSHIP
A. ELIGIBILITY
64 Joint Powers Agreement Page 6 Amended July 1, 20251994 To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.

ARTICLE VI

TERM OF AGREEMENT
This Agreement, as amended, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. . When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided. . This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

ARTICLE VII

POWERS OF THE AUTHORITY
A. The Authority shall have all of the powers common to Member Cities and all additional powers set forth in Section 6500, et. seq. and Section 989, et. seq. of the Government Code and other applicable law. The Authority shall have all of the rights, immunities, privileges, and defenses afforded each Member City and peculiar to the particular Member City being sued or against which there has been a claim.

Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.

The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:

1. to mMake and enter into contracts;

2. to iIncur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City which is a part of this Agreementexcept as otherwise provided;
65 Joint Powers Agreement Page 7 Amended July 1, 20251994

3. to aAssess Member Cities as deemed appropriate for good cause as determined by the Executive Committee;

4. to aAcquire, hold, or dispose of real and personal property;

5. to rReceive contributions and donations of property, funds, services, and other forms of assistance from any sources;

6. to sSue and be sued in its own name;

7. to eEmploy agents and employees;

8. to aAcquire, construct, manage, and maintain buildings;

9. to lLease real or personal property, including propertythat of a Member City; and

10. to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.

B. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

ARTICLE VIII

BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. . Each Member City shall appoint one Representative. . Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. . Each Member City shall also appoint one alternate Representative. . The alternate Representative may attend and may participate in any meeting of the Board. . When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. . Each Representative serves at the pleasure of the Member City being represented. . Each Representative has one vote as the member of the Board. . Representatives are not entitled to compensation. . However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. . The Executive Committee shall determinefix by resolution the date upon which and the hour and place at which each regular meeting is to be held.

The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special meeting by filing a written request with the Secretary. . The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for Commented [JW1]: Meetings will continue to
be adopted by the EC, but in a less
formal manner than by resolution.
66 Joint Powers Agreement Page 8 Amended July 1, 20251994 notice of the special meeting being given.

Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

The Authority shall have minutes of regular and special meetings kept. . As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.

A majority of the members of the Board is a quorum for the transaction of business. .

However, less than a quorum may adjourn from time to time. . A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.

C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. . The Board may delegate any and all of its authority to the Executive Committee except the following:

1. Amendments toTo change the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;

2. To creation ofe any new Joint Protection Program;

3. To termination of ae any Joint Protection Program;

4. To expulsion ofel a Member City;

5. To adoption of an operating budget for the Authority;

6. To change or reviseAmendments to the Authority's Conflict of Interest Code; and

7. To Aauthorization for e the issuance, modification, or defeasance of bonds.

ARTICLE IX

BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.

ARTICLE X

EXECUTIVE COMMITTEE

The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. . The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
67 Joint Powers Agreement Page 9 Amended July 1, 20251994

ARTICLE XI

OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. . Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. . All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.

The president shall appoint someone other than the treasurer to perform the functions of auditor/controller of the Authority shall be performed by the Authority’s contracted administration firmofficers or employees or in-house staff, or the president may assume these functions as a collateral duty of the presidency. The auditor/controller must be a member of the Board. The Ttreasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Board shall require the treasurer and auditor/controller to file with the Authority an official bond in the amount to be fixed by the Board. The Authority shall pay the cost of bond premiums required by this section. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. . All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws. .

All other Joint Protection Programs shall be optional. . The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.

B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. . A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. . Separate accounting shall be maintained for each Joint Protection Program.

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve Commented [JR2]: Staff conformed this
section to reflect current
practices/align with 6505.6.
68 Joint Powers Agreement Page 10 Amended July 1,
20251994
to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. . The funds treasurer shall be invested and reinvest the funds in compliance with the Authority's Investment Policy and relevant Sstate laws. and in the same manner as if they were Member City funds.

Refunds shall be made in accordance with the Master Plan Document for each program.

ARTICLE XIV

OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. . Just demands for payment shall be made by warrants in compliance with the adopted budget. . The warrants shall be paid as directed by the Executive Committee. . The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.

ARTICLE XVII

RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:

1. assist Member Cities in developing their risk management programs ;

2. participate in risk management advisory committees formed by Member Cities;

3. provide loss prevention, safety, and security services;

4. provide all program services as required by program Master Plan Documents ;

5. provide loss analysis control by use of statistical analysis, data processing, and Commented [JR3]: This change is to allow
for the potential formation of a captive
entity, and investment under other state
laws.

Commented [JR4]: The MPD will be amended to
provide for flexibility in the payment
of refunds. Recall board action to
ratify decisions of executive committee
in withholding refund amounts.
69 Joint Powers Agreement Page 11 Amended July 1,
20251994
record and file keeping services. . The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

6. conduct risk management audits to review the participation of each Member City in the program; and

7. perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.

ARTICLE XVIII

RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:

1. pay all financial obligations to the Authority within the time prescribed;

2. appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;

3. conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;

4. adopt a risk management program ;carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;

5. establish a risk management advisory committee to work with the risk manager of the Authority;

6. maintain an active safety committee;

7. report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;

8. permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;

9. submit DE3-DPs to the Authority concurrent with the submission dates established by the State of California;

10. submit underwriting information requested by the Authority on a timely basis;

11. provide accurate statistical data concerning the Member City to the Authority when requested;

12. cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

13. cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and

14. comply with risk management requirements established under the authority of this Agreement.

ARTICLE XIX
Commented [JW5]: This will be included in
the program master plan document
70 Joint Powers Agreement Page 12 Amended July 1,
20251994

WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. . A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.

ARTICLE XX

INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. . Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.

ARTICLE XXI

CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
A. In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. . The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. . The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. . Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to 71 Joint Powers Agreement Page 13 Amended July 1,
20251994
participate in any pooled Joint Protection Programs.

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority. . The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. . Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

ARTICLE XXIV
AUDIT
A. The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.
72 Joint Powers Agreement Page 14 Amended July 1,
20251994

ARTICLE XXV

ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. . In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.

ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. . Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.

ARTICLE XXIX

NOTICES

Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.
73 Joint Powers Agreement Page 15 Amended July 1,
20251994

ARTICLE XXX

COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

Dated:

MEMBER CITY
BY:
74 CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

AS AMENDED AND RESTATED
EFFECTIVE JULY 1, 2025
75 TABLE OF CONTENTS

AMENDED AND RESTATED

JOINT POWERS AGREEMENT

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) ARTICLE I – DEFINITIONS ................................................................................................................. 2 ARTICLE II – PURPOSES ................................................................................................................... 4 ARTICLE III – CREATION OF JOINT POWERS AUTHORITY ................................................................ 4 ARTICLE IV – PARTIES TO AGREEMENT ........................................................................................... 4 ARTICLE V – MEMBERSHIP .............................................................................................................. 5 ARTICLE VI – TERM OF AGREEMENT ............................................................................................... 5 ARTICLE VII – POWERS OF THE AUTHORITY ................................................................................... 5 ARTICLE VIII – BOARD OF DIRECTORS ............................................................................................. 6 ARTICLE IX – BYLAWS AND REGULATIONS ...................................................................................... 7 ARTICLE X – EXECUTIVE COMMITTEE ............................................................................................. 7 ARTICLE XI – OFFICERS .................................................................................................................... 8 ARTICLE XII – JOINT PROTECTION PROGRAMS ............................................................................... 8 ARTICLE XIII – RESERVE FUNDS ....................................................................................................... 8 ARTICLE XIV – OPERATING FUND .................................................................................................... 9 ARTICLE XV – BUDGET ..................................................................................................................... 9 ARTICLE XVI – FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ........ 9 ARTICLE XVII – RESPONSIBILITIES OF AUTHORITY .......................................................................... 9 ARTICLE XVIII – RESPONSIBILITIES OF MEMBER CITIES ................................................................ 10 ARTICLE XIX - WITHDRAWAL ......................................................................................................... 10 ARTICLE XX – INVOLUNTARY TERMINATION ................................................................................ 11 ARTICLE XXI – CONTINUED LIABILITY ............................................................................................ 11 76 CSJVRMA Amended and Restated Joint Powers Agreement
Table of Contents

ARTICLE XXII – REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ..................... 11 ARTICLE XXIII – TERMINATION OF AUTHORITY............................................................................. 11 ARTICLE XXIV – AUDIT ................................................................................................................... 12 ARTICLE XXV - ARBITRATION ......................................................................................................... 12 ARTICLE XXVI – BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE .................................................................................................. 12 ARTICLE XXVII - ENCORCEMENT ................................................................................................... 12 ARTICLE XXVIII - AMENDMENTS ................................................................................................... 13 ARTICLE XXIX - NOTICES ................................................................................................................ 13 ARTICLE XXX - COUNTERPARTS ..................................................................................................... 13 77 Joint Powers Agreement Page 1 Amended and Restated July 1, 2025

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AND RESTATED AGREEMENT, dated for convenience this 1st day of July 2025, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and
WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985, and July 1, 1994, by a two-thirds vote of the Member Cities' city councils; and WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and 78 Joint Powers Agreement Page 2 Amended and Restated July 1, 2025 WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended and restated Agreement, dated July 1, 2025, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.

ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority.
"Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
79 Joint Powers Agreement Page 3 Amended and Restated July 1, 2025 "Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program. "Master Plan Document" shall mean the document, formally adopted by the Executive Committee, setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority.
"Representative" shall mean the person, designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control). 80 Joint Powers Agreement Page 4 Amended and Restated July 1, 2025 "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposure without purchasing insurance to cover the risk or a portion of the risk.

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.

ARTICLE III

CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.

It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.

The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.

ARTICLE IV

PARTIES TO AGREEMENT
Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended and restated Agreement. A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.
81 Joint Powers Agreement Page 5 Amended and Restated July 1, 2025 Each city which is a member of the Authority at the time this amended and restated Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

ARTICLE V

MEMBERSHIP
A. ELIGIBILITY
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.

ARTICLE VI

TERM OF AGREEMENT
This Agreement, as amended and restated, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided.

This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

ARTICLE VII

POWERS OF THE AUTHORITY
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.

The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:

1. Make and enter into contracts;
82 Joint Powers Agreement Page 6 Amended and Restated July 1, 2025

2. Incur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City except as otherwise provided;

3. Assess Member Cities as deemed appropriate by the Executive Committee;

4. Acquire, hold, or dispose of real and personal property;

5. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;

6. Sue and be sued in its own name;

7. Employ agents and employees;

8. Acquire, construct, manage, and maintain buildings;

9. Lease real or personal property, including property of a Member City; and

10. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.

This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

ARTICLE VIII

BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. Each Member City shall appoint one Representative. Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. Each Member City shall also appoint one alternate Representative. The alternate Representative may attend and may participate in any meeting of the Board. When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. Each Representative serves at the pleasure of the Member City being represented. Each Representative has one vote as the member of the Board.

Representatives are not entitled to compensation. However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. The Executive Committee shall determine the date upon which and the hour and place at which each regular meeting is to be held.

The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special 83 Joint Powers Agreement Page 7 Amended and Restated July 1, 2025 meeting by filing a written request with the Secretary. The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for notice of the special meeting being given.

Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

The Authority shall have minutes of regular and special meetings kept. As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.

A majority of the members of the Board is a quorum for the transaction of business.

However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.

C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. The Board may delegate any and all of its authority to the Executive Committee except the following:

1. Amendments to the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;

2. Creation of any new Joint Protection Program;

3. Termination of any Joint Protection Program;

4. Expulsion of a Member City;

5. Adoption of an operating budget for the Authority;

6. Amendments to the Authority's Conflict of Interest Code; and

7. Authorization for the issuance, modification, or defeasance of bonds.

ARTICLE IX

BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.

ARTICLE X

EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
84 Joint Powers Agreement Page 8 Amended and Restated July 1, 2025

ARTICLE XI

OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.

The functions of auditor/controller of the Authority shall be performed by the Authority’s officers or employees. The Treasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws.

All other Joint Protection Programs shall be optional. The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.

B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. Separate accounting shall be maintained for each Joint Protection Program.

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. The funds shall be invested in compliance with the Authority's Investment Policy and relevant state laws.

Refunds shall be made in accordance with the Master Plan Document for each program. 85 Joint Powers Agreement Page 9 Amended and Restated July 1, 2025

ARTICLE XIV

OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. Just demands for payment shall be made by warrants in compliance with the adopted budget. The warrants shall be paid as directed by the Executive Committee. The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.

ARTICLE XVII

RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:

1. Assist Member Cities in developing their risk management programs;

2. Participate in risk management advisory committees formed by Member Cities;

3. Provide loss prevention, safety, and security services;

4. Provide all program services as required by program Master Plan Documents;

5. Provide loss analysis control by use of statistical analysis, data processing, and record and file keeping services. The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

6. Conduct risk management audits to review the participation of each Member City in the program; and

7. Perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
86 Joint Powers Agreement Page 10 Amended and Restated July 1, 2025

ARTICLE XVIII

RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:

1. Pay all financial obligations to the Authority within the time prescribed;

2. Appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;

3. Conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;

4. Carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;

5. Report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;

6. Permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;

7. Submit underwriting information requested by the Authority on a timely basis;

8. Provide accurate statistical data concerning the Member City to the Authority when requested;

9. Cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

10. Cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and

11. Comply with risk management requirements established under the authority of this Agreement.

ARTICLE XIX

WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.
87 Joint Powers Agreement Page 11 Amended and Restated July 1, 2025

ARTICLE XX

INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.

ARTICLE XXI

CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to participate in any pooled Joint Protection Programs.

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority. 88 Joint Powers Agreement Page 12 Amended and Restated July 1, 2025 The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

ARTICLE XXIV
AUDIT
The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.

ARTICLE XXV

ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
89 Joint Powers Agreement Page 13 Amended and Restated July 1, 2025

ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.

ARTICLE XXIX

NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.

ARTICLE XXX

COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

Dated:

MEMBER CITY
BY:
90 RESOLUTION APPROVING AMENDMENT TO JOINT POWERS AGREEMENT OF THE

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; WHEREAS, the City of ____ is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHERAS, the City of ____ is a member of the CSJVRMA;
WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA;
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein;
The City hereby resolves:

IT IS HEREBY RESOLVED that the City Council of ______________________ __________________________ approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto, and it is FURTHER RESOLVED that the City Manager/Administrator is authorized and directed to execute such agreement.

The forgoing resolution was adopted this _____ day of ___________, 20__ by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR/CITY MANAGER
ATTEST:
_______________________________________

CITY CLERK
91 DATE: Wednesday, July 16, 2025
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 24, 2025
92 For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 93 General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
94 Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 95 STAFF REPORT TO COUNCIL
July 30, 2025
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Consideration of Amendment No. 1 To Municipal Solid Waste Franchise Agreement Between City Of San Joaquin, California And Mid-Valley Disposal, LLC
Recommendation:

That Council adopt Resolution No. 2025-36 Approving Amendment No. 1 to Municipal Solid Waste Franchise Agreement Between City Of San Joaquin, California And Mid-Valley Disposal, LLC
Executive Summary
The City entered into a Franchise Agreement (“Agreement”) on May 1, 2025 where new Rates under the Agreement were to go into effect on October 1, 2025. The City has been engaged in Rate Study to determine Rates to charge City residents which rates are to include the Fees charged by Franchisee to City and costs borne by the City for providing solid waste services.

Based on a review of the Agreement as part of the Rate Study it has been determined that there were ambiguities in the Agreement and the Parties have agreed on revised Fees paid to Franchisee that are set annually to be effective November 1, 2025, through June 30, 2030, attached hereto as “Exhibit D-2, Amended August 2025.”
Both Mid-Valley Disposal, LLC and City wish to amend the Agreement to clarify and modify certain provisions in the Agreement. Amendment No. 1 to Franchise Agreement would go into effect upon approval on August 6, 2025, however new rates would not go into effect until November 1, 2025 by which time Prop 218 would have been completed. 96 RESOLUTION NO. 2025-36

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JOAQUIN APPROVING AMENDMENT NO. 1 TO MUNICIPAL SOLID

WASTE FRANCHISE AGREEMENT BETWEEN CITY OF SAN

JOAQUIN, CALIFORNIA AND MID-VALLEY DISPOSAL, LLC
WHEREAS, the Mid-Valley Disposal LLC has been the City’s contracted service provider for solid waste services since 2008; and
WHEREAS, the City and Mid-Valley entered a new Franchise Agreement (“Agreement”) on May 1, 2025; and
WHEREAS, the City and Mid-Valley have determined the Agreement needs to be amended to address changing the effective date of the new fees from October 1, 2025, to November 1, 2025, to address ambiguities, and to set a revised schedule for fees.

NOW THEREFORE, the City Council of the City of San Joaquin, resolves as follows:

1. The foregoing recitals are true and correct.

2. The Council approves Amendment No. 1 to the Mid-Valley Agreement as set forth in Attachment A which is incorporated by reference.

3. The City Council authorizes the City Manager to execute Amendment to Agreement.

4. This resolution is effective upon adoption.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 5th day of August, 2025 and passed at said meeting with the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Adam Flores-Cornejo, Mayor
ATTEST:
_______________________________
Alondra Bautista,
Interim City Clerk/Executive Assistant
97 AMENDMENT NO. 1 TO MUNICIPAL SOLID WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF SAN JOAQUIN, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC
This Amendment No. 1 to Franchise Agreement is entered into on August 6, 2025, (hereafter “Effective Date”) by and between the City of San Joaquin (“City”) and Mid-Valley Disposal, LLC, a California Limited Liability Company (“Franchisee”).

RECITALS
WHEREAS, the Parties entered a Franchise Agreement (“Agreement”) on May 1, 2025; and
WHEREAS, new Rates under the Agreement were to go into effect on October 1, 2025; and
WHEREAS, the City has been engaged in Rate Study to determine Rates to charge City residents which rates are to include the Fees charged by Franchisee to City and costs borne by the City for providing solid waste services; and
WHEREAS, based on a review of the Agreement as part of the Rate Study it has been determined that there were ambiguities in the Agreement; and WHEREAS, the Parties have agreed on revised Fees paid to Franchisee that are set annually to be effective November 1, 2025, through June 30, 2030, attached hereto as “Exhibit D2, Amended August 2025,” and WHEREAS, the Parties wish to amend the Agreement to clarify and modify certain provisions in the Agreement.

NOW, THEREFORE, THE PARTIES AGREE TO AMEND THE AGREEMENT AS FOLLOWS:

SECTION 1. Section 13A of the agreement titled “Compensation and Billing” is amended to read as follows:

Each party shall provide/maintain accurate and complete accounting and billing. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.
98 (1) Billing and Payment. All requests for service, or for changes in service, shall be processed by City and promptly reported to Franchisee. City shall provide billing services to all residential, commercial and industrial customers who receive service pursuant to this Agreement. However, Drop Box services will be billed and collected by Franchisee, which Franchisee shall pay City a franchise fee of 20 percent of the amount billed by Franchisee to Customer.

On a monthly basis, City shall remit to Franchisee the full amount for services provided based on the Fees set forth on Exhibits “D-1” and “D-2 Amended August 2025” . The monthly compensation payment to Franchisee shall be paid by City within thirty (30) days of the end of the applicable billing cycle. Said Fees paid to Franchisee are exclusive of fees collected by City for billing and customer services provided by the City, contract management, enterprise fund management, and Franchise Fees. The parties acknowledge City’s right to add and retain such fees.

Each party’s accounting and billing shall be accurate and complete. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.

(2) Fees. Franchisee shall provide solid waste handling services pursuant to this Agreement at the Fees set forth in the attached Exhibits “D-1” and “D-2 Amended August 2025” the contents of which are incorporated by this reference. The Exhibit “D-1” Fees will apply on the effective date of this Agreement. The Exhibit “D-2, Amended August 2025” Fees shall commence on November 1, 2025, and are subject to adjustment as set forth elsewhere herein.

The parties acknowledge their understanding that the Exhibits “D-1” and “D-2 Amended August 2025” Fees are not necessarily reflective of the total charges that City will actually bill to customers. The City expressly reserves the right to charge customers whatever Rates it deems reasonable or appropriate, and the actual charges to a customer will include additional amounts, over and above the amount that will be paid to Franchisee, to cover such administrative, finance, collection or other fees as the City determines proper. If no Fee has been established for a particular service billed by City, Franchisee and City shall mutually agree on an appropriate charge for that service or service level. If no Rate has been established for a service billed directly by Franchisee, then Franchisee shall determine with Customer the appropriate charge, subject to City approval. Franchisee shall promptly notify City of any new Rates to be billed by Franchisee.

The Exhibit “D-1” and “D-2 Amended August 2025” Fees are inclusive of all Solid Waste services to be provided by Franchisee, including collection, transportation, processing, composting, disposal, and cart and bin costs, and costs associated with moving bins from standard enclosures such distance as is reasonably necessary to empty them (but not including costs associated with moving bins beyond such distance in unusual circumstances or due to special requests by customers). No other charges shall be imposed by Franchisee for such services unless approved by City. 99 SECTION 2. Subsection (1) Section 13B of the Agreement titled “Annual Cost of Living Adjustment” is amended to read as follows:

The following annual and special rate adjustments shall be made to the Fees provided for in this Franchise Agreement.
(1) Annual Cost of Living Adjustment (COLA)
Beginning July 1, 2030, and each July 1 thereafter, the Fee shall be annually adjusted upwards by adding a cost-of-living adjustment (COLA) to the then current Fee. The COLA shall be based on the change in the annual Consumer Price Index (CPI).

An example of the CPI adjustment for July 1, 2021 is shown below:

Annual CPI-U 2019: 295.004
Annual CPI-U 2020: 300.084
Change: 5.080
% Increase: 1.72% (5.080 ÷ 295.004)
SECTION 3. The definition for “Franchise Fee” in subsection U of Exhibit C is repealed.

SECTION 4. Exhibit D-2 is hereby replaced and superseded by new “Exhibit D-2 Amended August 2025” which is attached to this Amendment No. 1.

SECTION 5. Except as amended by this Amendment No. 1, all terms, conditions, and provisions in the Agreement remain in full force and effect.
(Signatures on Following Page)
100
IN WITNESS WHEREOF the Parties have executed this Agreement as follows:

CITY OF SAN JOAQUIN MID-VALLEY DISPOSAL LLC

Elizabeth Cabrera, City Manager Joseph Kalpakoff, President Date: ___________________ Date: ___________________

APPROVED AS TO FORM ATTEST
City Attorney City Clerk
101
EXHIBIT D-2, AMENDED AUGUST 2025
102
MVD Fee MVD Fee MVD Fee MVD Fee MVD Fee
11/1/2025 7/1/2026 7/1/2027 7/1/2028 7/1/2029
Residential 6% 6% 5% 5%
Residential 3-cart system $21.00 $22.25 $23.50 $24.75 $26.00 64 Gallon 3-cart system (Senior Rate) 19.00 20.00 21.25 22.50 23.75 Residential - Extra Cart Any Color 9.00 9.75 10.50 11.25 12.00 Commercial Trash
Commercial 90 Gallon 22.50 23.84 24.79 25.53 26.30
2 Yard Bin 81.00 85.82 89.25 91.93 94.69
2 Yard Bin 2 x week 156.00 165.29 171.90 177.06 182.37
2 Yard Bin 3 x week 230.00 243.69 253.44 261.04 268.87
2 Yard Bin 5 x week* 375.00 397.32 413.21 425.61 438.38 3 Yard Bin 123.00 130.32 135.53 139.60 143.79
3 Yard Bin 2 x week 210.00 222.50 231.40 238.34 245.49
3 Yard Bin 3 x week 295.00 312.56 325.06 334.81 344.85
4 Yard Bin 142.00 150.45 156.47 161.16 165.99
4 Yard Bin 2 x week 261.00 276.54 287.60 296.23 305.12
4 Yard Bin 3 x week 375.00 397.32 413.21 425.61 438.38
6 Yard Bin 196.00 207.67 215.98 222.46 229.13
6 Yard Bin 2 x week 375.00 397.32 413.21 425.61 438.38
6 Yard Bin 3 x week 555.00 588.04 611.56 629.91 648.81
Commercial Recycling Program
1 - 96 Gallon Recycle 10.80 11.44 11.90 12.26 12.63
3 Yard Bin 1 x week 76.50 81.05 84.29 86.82 89.42
3 Yard Bin 2 x week 121.50 128.73 133.88 137.90 142.04
6 Yard Bin 1 x week 112.00 118.67 123.42 127.12 130.93
6 Yard Bin 2 x week 160.00 169.52 176.30 181.59 187.04
Commercial Organics Program
1 - 96 Gallon Organics 1x week 19.70 20.87 21.70 22.35 23.02 1 - 96 Gallon Organics 2x week 36.00 38.14 39.67 40.86 42.09 2 Yard Bin 1 x week 135.00 143.04 148.76 153.22 157.82
Roll Off Service (per haul + tonnage) 267.00 285.64 307.90 329.50 351.78 Commercial Locking Bin monthly 22.75 24.75 26.00 27.75 29.50 Push-Pull Service Per Bin 20.00 22.00 24.00 26.00 28.00 Overlaoded Container 15.00 17.00 19.00 21.00 23.00
* Existing customer only
103

STAFF REPORT TO COUNCIL
July 29, 2025
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Consideration of new personnel position titled Executive Assistant/City Clerk Recommendation:

That Council Adopt Resolution No. 2025-37 Approving new position titled Executive Assistant/City Clerk and related salary schedule and ratification of Interim Appointment to said position.

Executive Summary
Staff is requesting Council adopt a Resolution that would create a new essential position to ensure City operations continue and ensure compliance with state and federal codes and regulations. Exhibit A is the related job description and Exhibit B is the related salary schedule.

The City Clerk functions are being removed from the Assistant City Manager/Clerk position.

And the Assistant City Manager/City Clerk position is currently being evaluated and will return with a proposal to said position at the time the 2025-26 FY Budget is presented to Council for consideration.

As the City Clerk functions are critical to the City operations that position needed to be filled immediately to ensure compliance. The position was extended in an interim basis to a current In-house employee who has the capacity to move into the position with minimal direction needed. Council is asked to ratify this appointment.

Per the Personnel Rules and Regulations 3.3 A (4)b City Manager may use temporary employment services without open competitive recruitment to fill temporary positions, when such action is in the best interest of the City including special projects, abnormal workloads, or seasonal needs.

Background
The City recently experienced two vacancies in key positions that allowed for evaluation of current responsibilities in those positions. In June Finance Director positions became vacant and in July the Assistant City Manager/City Clerk position became vacant. Both of these positions have not been filled.
104
RESOLUTION NO. 2025-37

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JOAQUIN APPROVING JOB DESCRIPTIONS FOR NEWLYCREATED POSITION OF EXECUTIVE ASSISTANT/CITY CLERK, ESTABLISHING

THE SALARY SCHEDULE FOR THE POSITION, AND RATIFYING THE INTERIM

APPOINTMENT OF EXECUTIVE ASSISTANT/CITY CLERK
WHEREAS, the City Council of the City of San Joaquin is authorized and empowered to make decisions that preserve the health and safety of the community; and WHEREAS, the positions of Finance Director and Assistant City Manager/City Clerk recently became vacant; and
WHEREAS, the two vacant positions are vital for the administration and management of City Hall; and
WHEREAS, in smaller cities, when there are vacancies of department heads or other vital administration, a reorganization is often required to leverage the abilities and capabilities of the remaining staff, as well as projecting optimal scenarios for those positions yet to be filled; and WHEREAS, City staff has put forth a proposal for a new position that would increase the number of trained and experienced employees to serve the City; and WHEREAS, a full-time Executive Assistant/City Clerk is an especially important position due to the large workload generated due to grants and projects secured by the City which requires considerable expertise and time to administer; and
WHEREAS, pursuant to CalPERS and CCR 570.5 guidelines, the City Council must approve and adopt adjustments made to the salary schedule including when the City creates a position.

NOW, THEREFORE, the City Council of the City of San Joaquin resolves as follows:

1. The foregoing recitals are true and correct and are incorporated by reference.

2. The Council approves the adoption of the Executive Assistant/City Clerk position.

3. The Council approves (i) the job descriptions and salary schedule for the Executive Assistant/City Clerk position as set forth in Exhibit A which is attached hereto and incorporated by reference, and (ii) the salary schedule for the position which is attached as Exhibit B.

4. The Council ratifies the City Manager’s interim appointment for the Executive Assistant/City Clerk position
105

5. This resolution is effective upon adoption.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 5th day of August 2025 and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____
Adam Flores-Cornejo, Mayor
ATTEST:
_______________________________
Alondra Bautista, Interim City Clerk
106
City of San Joaquin Job Description
Position Title: Executive Assistant/City Clerk August 2025 Reports To: City Manager
Classification: Exempt
Hours: Full-time
Position Summary
Under the direct supervision of the City Manager, performs considerably difficult, responsible, specialized, confidential and complex administrative and secretarial duties for the City Manager. Positions in this class are assigned duties which provide administrative and secretarial support to the City Manager in order for the City to comply with local, state and federal codes and regulations. An incumbent exercises considerable discretion and independent judgment while performing administrative/secretarial tasks of a confidential or sensitive nature. This position is responsible for acting as the custodian of all municipal documents and records, and is responsible for recording, filing, and coordinating the City’s official transactions, in addition to administering the recordkeeping of City Council records, including ordinances, resolutions, and Council meeting proceedings, and for overseeing the City’s legislative and electoral process. This position will assist the City Manager with the administration of human resources for the City.

Essential Functions and Secondary Functions
Essential Functions

1. Coordinate and manage the proper retention of City records; develop and maintain recordkeeping and retention policies. Sign, seal, notarize, certify, and record official City documents.

2. Prepare and distribute agendas and other materials prior to each City Council meeting. Attend City Council meetings and make a record of the proceedings; prepare official minutes of City Council meetings and City Council activities. Manage and coordinate responses to requests from the City Council or City Manager.

3. Prepare and distribute agendas and other materials for Planning Commission meetings. Prepare official minutes of those meetings.

4. Ensure compliance with conflict-of-interest laws and FPPC regulations. Serve as filing officer for all Statements of Economic Interest and other disclosures for City employees, advisory group members, candidates, and campaign committees. Administer oaths.

5. Coordinate municipal elections; provide information to potential candidates on filing procedures, disclosure requirements, and campaign statements.

6. Process, publish, and/or certify official and legal documents and postings in accordance to legal requirements. Accept and/or process legal documents served to the City.

7. Serve as the point of contact for City employees and the public on questions regarding City ordinances, resolutions, and City Council activities.

8. Develop and implement City’s human resources systems including personnel policies and procedures including updating personnel policies and procedures; recruitment and selection; resolving employee issues; overseeing compensation and classification system; overseeing and coordinating training and benefits administration including annual enrollment activities; overseeing the performance management system; providing supervisory support; and supporting City Manager and supervisors with employee discipline issues.

9. Collect and audit employee time records for accuracy; prepare and process payroll biweekly.

10. Maintain the City injury and illness prevention plan, and oversee the resolution of safety hazards and workplace injuries.

11. Respond to requests for Public Records
Secondary Functions

1. Represent the City before business/community groups and promote the interests of the City to these groups.

Exhibit A
107
Qualifications
Any combination of education and experience that would likely provide the required knowledge, skills and abilities as listed below is qualifying.

Education and Certifications
• High school diploma or equivalent is required.
• Completion of a bachelor’s degree with an emphasis in public administration, business administration, or related field is preferred
• Valid driver’s license is required.
• Notary Public license and Professional in Human Resources (PHR) certification is preferred.

Experience
• A minimum of two to five years of experience and/or training in municipal government management and records management is required.
• Prior experience in municipality/non-profit or human resources/benefits administration is preferred.

Knowledge, Skills, and Abilities
• Knowledge of:

1. State and federal laws regarding municipal recordkeeping.

2. Employment laws, regulations, and standards, including those specifically applicable to local public agencies.

3. Employee benefits and worker’s compensation.
• Skill in:

1. Proficient use of Microsoft Office, including Word, Excel, and Publisher.

2. Proofing and formatting documents.
• Able to:

1. Speak and write in Spanish is preferred.

2. Effectively communicate, both orally and in writing.

3. Collaborate effectively on detailed, long-term projects.

4. Interact with peers and the public professionally, courteously, and tactfully.

5. Maintain the highest degree of confidentiality regarding employee and City information.

6. Perform basic math and financial calculations.

Physical Requirements
The physical requirements described here are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions of the job.
• While performing the essential functions of the job, the employee is regularly required to sit, stand, and walk; reach, both above and below the shoulder; and write, type, and otherwise engage in repetitive hand movement and fine hand coordination. The employee must occasionally bend, squat, kneel, twist, and climb. • The employee must regularly lift and/or move up to 15 lbs., and occasionally lift/move up to 25 lbs. • Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception and ability to adjust focus, and visual acuity sufficient to read a computer screen and paper documents.
• Acute hearing is necessary for telephone and in-person communication with peers, vendors, and the public.

Working Conditions
The work environment characteristics described here are representative of those that an employee encounters while performing the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions of the job.
• This position requires minimal travel within the City of San Joaquin. • This position occasionally requires attendance and City meetings outside of normal business hours. 108
• This position functions primarily in a controlled office environment. • The noise level is normally light, with noise associated with business office equipment.

I have read the responsibilities and requirements of the job, and understand and agree to them. I further understand that the position is At-Will, the duties and responsibilities herein describe the general nature of the job and are subject to change or modification by my supervisor with or without notice. My supervisor may add, delete, assign, transfer, or alter duties as necessary or deemed appropriate.

Signature Date Signature Date
Printed Name Printed Name
Employee Supervisor
109
Exhibit B
Salary Monthly Hourly
City Manager $ 170,500.00 $ 14,208.33 $ 81.97
Asst. CM/City Clerk $ 112,378.66 $ 9,364.89 $ 54.03
Finance Clerk $ 57,590.51 $ 4,799.21 $ 27.69
Finance Director $ 109,203.74 $ 9,100.31 $ 52.50
Office Assistant $ 37,408.80 $ 3,117.40 $ 17.99
Office Clerk $ 41,263.04 $ 3,438.59 $ 19.84
PW Director/Building Insp. $ 94,494.42 $ 7,874.54 $ 45.43 APWD/Utilities Manager $ 76,065.60 $ 6,338.80 $ 36.57
Utilities Technician $ 55,546.40 $ 4,628.87 $ 26.71
Maintenance I $ 43,575.58 $ 3,631.30 $ 20.95
Maintenance II $ 50,875.97 $ 4,239.66 $ 24.46
Executive Assistant/City Clerk $ 68,640.00 $ 5,720.00 $ 33.00 Certification Incentive
Program
Class A or B License $ 4,160.00 $ 346.67 $ 1.00
Treat. Op. (T1) $ 1,040.00 $ 86.67 $ 0.50
Treat. Op. (T2) $ 2,080.00 $ 173.33 $ 1.00
Dist. Op. (D1) $ 1,040.00 $ 86.67 $ 0.50
Dist. Op. (D2) $ 2,080.00 $ 173.33 $ 1.00
Plant Op. (W1) $ 8,320.00 $ 693.33 $ 4.00
Plant Op. (W2) $ 10,400.00 $ 866.67 $ 5.00
OIT (Plant Operator) $ 6,240.00 $ 520.00 $ 3.00
PC 832 Arrest $ 1,040.00 $ 86.67 $ 0.50
PC 832 Firearms $ 520.00 $ 43.33 $ 0.25
Pesticide Cert. $ 1,040.00 $ 86.67 $ 0.50
Mechanic Expertise $ 4,160.00 $ 346.67 $ 2.00
Interpreter $ 4,160.00 $ 346.67 $ 2.00
Typing and Numeric Data $ 1,040.00 $ 86.67 $ 0.50
Salary Monthly Hourly
Recreation Supervisor $ 47,157.76 $ 3,929.81 $ 20.80
Recreation Assistant (PT) $ 27,128.92 $ 2,260.74 $ 16.50 CSO (PT) $ 35,965.80 $ 2,997.15 $ 21.88
Incentives marked with an Asterisk (*) will receive a one-time Additional Achievement bonus of $2,500 upon attainment of that certification.

Interpreter incentive (**) requires passing Interpreter assessment given by City HR which includes written, verbal, and practicum portions.

Position 2024-25
Grant-Funded
Positions
2024-25
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REPORT TO COUNCIL
TO: City Council
FROM: Elizabeth Cabrera, City Manager
DATE: August 1, 2025
SUBJECT: Consideration of Amendment No.3 to Agreement for Legal Services with Montoy Law Corporation

RECOMMENDATION:

Adopt Resolution No. 2025-38 approving Amendment No. 3 to agreement for legal services with Montoy Law Corporation adjusting rates.

EXECUTIVE SUMMARY:

The City of San Joaquin has contracted with the Montoy Law Corporation (“Firm”) since 2006 to provide the City with municipal legal services. Since that time, the Firm rates have been adjusted in 2019, 2023 and 2024.

Ms. Montoy has requested a new adjustment effective September 1, 2025. The resolution attached would approve Amendment No. 3 to the contract for services and increase rates and fees charged to the City of San Joaquin for legal services. The proposed new rates are competitive in our geographic region and reasonable to keep pace with rising costs experienced by firms who serve the City.

DISCUSSION
The resolution attached, would approve Amendment No. 3 to the contract for services and increase rates charged to the City for legal services. Attorney rates for general services would be increased from $250/hour to $265/hour; paralegal rates would be adjusted to $100/hour for advisory services and $120/hour for litigation services. Attorney rates for special services such as administrative hearings, claims and litigation will be adjusted from $265/hour to $325/hour.

The proposed rates are competitive in our geographic region and reasonable to keep pace with rising costs as reflected in rates for surrounding cities as reflected below:

Attachment:

1. Resolution w/ Exhibit (Amendment)
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RESOLUTION NO. 2025-38
RESOLUTION APPROVING AMENDMENT NO. 3 TO AGREEMENT FOR

LEGAL SERVICES WITH MONTOY LAW CORPORATION
WHEREAS, the City of San Joaquin requires competent and professional municipal legal services and advice; and
WHEREAS, the Montoy Law Corporation (Firm) has served the City since 2006 as contract City Attorney and both parties wish to continue this relationship; and WHEREAS, Firm did not request a rate increase until 2019, 2023 and then in 2024 to account for their rising costs of doing business and in recognition of City’s financial situation in particular years; and
WHEREAS, a rate increase is warranted to keep pace with recent inflation and increased costs of doing business; and
WHEREAS, the City deems the proposed increases reasonable and appropriate in the marketplace and a continuance of good value for competent and professional legal services; and WHEREAS, the parties wish to clarify the Firm’s assignment of personnel to handle the City’s legal requirements; and
WHEREAS, Firm further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in Amendment No. 3 to Agreement.

NOW, THEREFORE, the City Council of the City of San Joaquin resolves as follows:

SECTION 1. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. The City Council approves Amendment No. 3 to Agreement for Legal Services with Montoy Law Corporation (Exhibit “A”).

SECTION 3. This Resolution is effective upon its adoption.

Certification on next page.
112
The foregoing resolution was adopted by the City Council of the City of San Joaquin at a regular meeting held on the 5th day of August 2025, by the following vote.

AYES: 0:

NOES: 0
ABSENT: 0:

ABSTAIN: 0
The foregoing resolution is hereby approved.
_______________________
Adam Flores-Cornejo, Mayor
ATTEST:
_________________________
Alondra Bautista, Interim City Clerk
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114
115

REPORT TO COUNCIL
CITY COUNCIL MEETING OF AUGUST 5, 2025
TO: Mayor and Council

FROM: Hilda Cantú Montoy, City Attorney
SUBJECT: Eighth Amendment to Employment Agreement With City Manager RECOMMENDATION:

Council is asked to consider and determine whether to adopt a Resolution approving an Eighth Amendment to Employment Agreement with City Manager.

SUMMARY:

The City and City Manager entered an Employment Agreement on July 1, 2016. The agreement has been amended seven times. The proposed Amendment No. 8 includes provisions for a salary increase and regarding cashing out of vacation.

Brown Act Announcement:

As required by the Brown Act (Government Code § 54953 (c) (3)), prior to taking action on this item, the Council must publicly announce a summary of the action being considered.

Announcement by Mayor–
If adopted, the proposed resolution will approve the Seventh Amendment to Employment Agreement with City Manager effective _____________, 2025, as follows:
 The City Manager’s salary will be increased to $185,500.00 per year; and  The City Manager will be authorized to cash out up to 200 hours of accrued vacation.

ATTACHMENTS:

1. Resolution approving Eighth Amendment to Employment Agreement With City Manager. a. Exhibit A: Eighth Amendment to Employment Agreement with City Manager 116
RESOLUTION NO. 2025-39

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

JOAQUIN APPROVING EIGHTH AMENDMENT TO EMPLOYMENT

AGREEMENT WITH CITY MANAGER
WHEREAS, On July 1, 2016, the City and City Manager entered a two-year At-Will Employment Agreement (“Agreement”); and
WHEREAS, the Agreement has been amended as follows: First Amendment on July 1, 2018; Second Amendment on July 1, 2019; Third Amendment on July 1, 2021; Fourth Amendment on July 1, 2022; Fifth Amendment on July 1, 2023; Sixth Amendment on July 1, 2025; Seventh Amendment on January 14, 2025; and
WHEREAS, the City Council has conducted a performance evaluation of the City Manager and is pleased with her performance; and
WHEREAS, the City Council and City Manager desire to amend the Agreement.

NOW, THEREFORE, the City Council of the City of San Joaquin hereby resolves as follows:

1. The above recitals are true and correct.

2. The City Council approves the Eighth Amendment to Employment Agreement with City Manager attached hereto as Exhibit A and incorporated by reference.

3. This resolution is effective immediately upon adoption.

The foregoing resolution was adopted at a regular meeting of the City Council of San Joaquin held on the 5th day of August, 2025, and adopted at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The forgoing resolution is hereby approved.
___________________________________
Adam Flores-Cornejo, Mayor
________________________________________
Alondra Bautista
Interim Executive Assistant/City Clerk
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EIGHTH AMENDMENT

TO EMPLOYENT AGREEMENT WITH CITY MANAGER
The City of San Joaquin (“City”) and Elizabeth Cabrera (“City Manager”) (collectively referred to as “Parties”), agree to enter into an Eighth Amendment to Employment Agreement as follows:

RECITALS
WHEREAS, City and Elizabeth Cabrera (former name Elizabeth Nunez) entered into an Employment Agreement (“Agreement”) effective July 1, 2016; and WHEREAS, the Parties entered into a First Amendment to the Agreement, effective July 1, 2018; and
WHEREAS, the Parties entered into a Second Amendment to the Agreement, effective July 1, 2019; and
WHEREAS, the Parties entered into a Third Amendment to the Agreement, effective July 1, 2021; and
WHEREAS, the Parties entered into a Fourth Amendment to the Agreement, effective July 1, 2022; and
WHEREAS, the Parties entered into a Fifth Amendment to the Agreement, effective July 1, 2023; and
WHEREAS, the Parties entered into a Sixth Amendment to the Agreement, effective July 1, 2024; and
WHEREAS, the Parties entered into a Seventh Amendment to the Agreement, effective January 14, 2025; and
WHEREAS, the parties desire to enter an Eighth Amendment to Agreement.

AGREEMENT

1. The foregoing recitals are true and correct and incorporated by reference.

2. Section 6a of the Agreement shall be amended to read as follows:
“Section 6a. SALARY: Commencing July 1, 2025, City Manager shall be paid an annual base salary of $185,500.00. The City Council may review her performance and salary throughout the term of this Agreement pursuant to this Agreement. City Manager shall not receive her salary 118
during any workweek in which she performs no work and is absent the entire workweek unless she uses any accrued and approved vacation or sick leave under this Agreement. City Manager’s compensation may be increased by three to five percent annually upon receiving a positive performance evaluation reflecting “exceeds expectations” and after negotiations between City and City Manager subject to budget availability.

The annual review period will be for July 1 to June 30. Any increase will be effective July 1 following the annual review period.”

3. Section 6c of the Agreement is amended to read as follows:

VACATION: City Manager shall accrue vacation at a rate of 13.34 hours per month up to a maximum accrual of two hundred hours. Manager’s monthly accrual shall be prorated to take into account any time that she is in an unpaid status. City Manager will be allowed to cash out up to two hundred accrued hours

4. Except as amended by this Eighth Amendment, all terms and conditions of the Employment Agreement shall continue in full force and effect.

5. This Eighth Amendment to Employment Agreement and the terms herein shall be effective on July 1, 2025.

IN WITNESS WHEREOF, the City of San Joaquin has caused this Agreement to be executed on its behalf by its Mayor and duly attested by its City Clerk, and Elizabeth Cabrera has signed and executed this Eighth Amendment to Employment Agreement on the day and year written below.

CITY OF SAN JOAQUIN CITY MANAGER
_____________________________ _______________________
Adam Flores-Cornejo, Mayor Elizabeth Cabrera
Date: ________________________ Date: ___________________ ATTEST:
_____________________________
Alondra Bautista, Interim Executive Assistant/City Clerk APPROVED AS TO LEGAL FORM:
_____________________________
Hilda Cantú Montoy, City Attorney
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