Agenda — Wasco City Council, September 17, 2024

City of Wasco City Council Meeting Agenda, September 17, 2024 .

Public advisory: Face masks are recommended. The City C ouncil chamber is open and accessible to the public.

V
iew the meeting Live on the city’s website
https://www.cityofwasco.org/306/city-council-meeting-videos subject to technical limitations.

A
CCESSIBILITY: In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department at 661-758-7215 or via email at [email protected] within 48 hours of the meeting or sooner.

Th
e following is provided to assist with public participation:

AG
ENDA AVAILABILITY : The City Council Agenda is posted on the bulletin board at the entrance of City Hall, 746 8th Street, Wasco, at the entrance of 764 E Street, Wasco, and at the entrance of the Police’s Office, 748 F Street, Wasco. The agenda packet, meeting minutes, and archived City Council meetings are available on the City’s website, www.cityofwasco.org.

A
genda Materials: Ci ty Council agenda materials are released no later than 72 hours prior to a meeting and are available to the public at the City Clerk’s Office, 746 8th Street, Wasco, CA, in a public binder at each City Council meeting, and on the City’s website at https://www.cityofwasco.org/AgendaCenter
P
UBLIC COMMENT S: All public comments are subject to a 2 -minute limit, and a maximum of Thirty (30) minutes will be allowed for any subject. To provide your comments to the City Councilmembers regarding matters not on the agenda or a specific item on the agenda, you may address your comments IN PERSON. Before making your presentation, you will be asked to state your name for the record. If you would like to submit a written public comment, please email the City Clerk at [email protected] no later than 4: 00 p.m. September 17, 2024.

Please clearly indicate which agenda item number your comments pertain to. Every effort will be made to read your comment into the record . If a comment is received after the specific time mentioned above but before the meeting is adjourned, the comment will still be included as a part of the record of the meeting. Still, it will not be read into the record.

Pl
ease be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless AGENDA
Regular City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority
Tuesday, September 17, 2024 – 6:00 pm.

Council Chambers
746 8th Street, Wasco, CA 93280
www.cityofwasco.org
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City of Wasco City Council Meeting Agenda, September 17, 2024 exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

SPANISH INTERPRETATION: If you need an interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at 661-758-7215 or via email at [email protected]. S ubject to availability , notifying the City at least 48 hours before will usually enable it to make arrangements.

INTERPRETACIÓN EN ESPAÑOL: S i necesita una interpretación de sus comunicaciones al Concejo Municipal del español al inglés, comuníquese con el Departamento del Secretari o de la Ciudad al 661- 758-7215 o por correo electrónico a [email protected]. La notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer arreglos. Sujeto a di
sponibilidad.

REGULAR MEETING – 6:00 pm

1) CALL TO ORDER: Mayor

2) ROLL CALL: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Raya, Reyna

3) FLAG SALUTE: by Mayor Medina

4) INVOCATION: by Paul Hernandez

5) PRESENTATIONS:
a. Proclamation for Community Action Partnership of Kern Hunger Action Month

6) PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:

This portion of the meeting is reserved for persons desiring to address the Council , including the Council acting as the Governing Board for the Successor Agency on any matter not on this agenda over which the Council and Successor Agency have jurisdiction. Speakers are limited to two (2) minutes. A maximum of Thirty (30) minutes will be allowed for any one subject. Please state your name for the record before making y
our presentation.

BROWN ACT REQUIREMENTS: The Brown Act does not allow action or Discussion on items not on the agenda (subject to narrow ex ceptions). This will limit a Councilmember’s response to questions and requests during this comment period. 7) SUCCESSOR AGENCY BUSINESS: None

8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: None

9) NEW EMPLOYEE POLICE DEPARTMENT BADGE PINNING CEREMONY FOR: None

10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
b. Wasco Police Department (Fivecoat)

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City of Wasco City Council Meeting Agenda, September 17, 2024

CITY COUNCIL BUSINESS:
11) CONSENT CALENDAR:

The Consent Calendar consists of items that are routine and noncontroversial, in the staff's opinion. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item.
a. Receive and File department payments totaling $1,322,276.52

b. Approval of Minutes for August 30, 2024, Special Meeting.

c. Adopt a Resolution Approving the Application and the Execution of a Grant Agreement and any Amendments with California Governor’s Office of Emergency Services for the State and Local Cybersecurity Grant Program (SLGP) - Local and State Competitive Funding O pportunity thereto’ and budget appropriations necessary to implement the Wasco Cybersecurity Project and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

d. Approval of Travel Expenses Exceeding $500.00 for the City Clerk and Deputy City Clerk to attend the City Clerk's New Law & Election Seminar Annual Conference on December 11 – 13, 2024, held in Napa, CA., and Find that this action is not a project defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

e. Adopt a Resolution Approving the Amended Designating Positions Required to File Conflict of Interest Statements Pursuant to the Political Reform Act of 1974, Assigning Disclosure Categories and Find that this action is not a project defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

f. Approval of Training Expenses Exceeding $500.00 for Sr. Police Officer to attend the POST Certified Field Training Officer Course scheduled for September 23- 27, 2024, in Lompoc, CA., and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

g. Approval of Travel Expenses Exceeding $500.00 per participant for the Billing and Collections Supervisor, the Accounting Supervisor, and the Payroll Specialist to attend the California Public Employers Labor Relations Association (CALPELRA) 2024 Annual Training Confer ence on November 1 2 - 15, 2024, held in Monterey, CA., and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

h. Adopt a Resolution requesting the Kern County Local Agency Formation Commission to Initiate Proceedings for the Annexation of Territory Known as Annexation 41, and Find that this action is not a project as defined under the 3 of 114
City of Wasco City Council Meeting Agenda, September 17, 2024 California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15061 (b)(3), the activity is not subject to CEQA.

i. Approval of Travel Expenses Exceeding $500.00 for the Administrative Manager and Lead Mechanic to attend the California Association for Coordinated Transportation CALACT Maintenance Conference on October 14 – 16, 2024, in Clovis, CA., and that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

12) NEW BUSINESS:
a. Discussion and Possible Minute Action determining the city's position regarding one resolution that has been submitted for consideration at the Annual Conference and referred to the Cal Cities policy committees scheduled to meet on October 17, 2024 and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required. (Hurlbert)

b. Discussing and providing guidance to staff regarding the allocation of funds for Downtown Décor and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required. (Villa)

c. Adopt a Resolution Authorizing the City Manager or designee to finalize and endorse an agreement with the Wasco Union High School District to oversee a drinking fountain water filtration program to reduce 123- TCP concentration: and Find that this action is not a project defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required. (Villa)

d. Adopt a Resolution Authorizing the City Manager or Designee to Negotiate Terms and Develop Agreements with UnWired Broadband, LLC for a City-wide Fiber Optic Network Overbuild; and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required. (Hurlbert)

13) PUBLIC HEARINGS: None
14) DEFERRED BUSINESS: None

15) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Medina)
b. Kern Council of Government (Reyna)
c. Wasco Task Force (Saldaña and Medina)
16) REPORTS FROM THE CITY MANAGER:

17) REPORTS FROM THE CITY COUNCIL:

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City of Wasco City Council Meeting Agenda, September 17, 2024 18) CLOSED SESSION:
a. Approval of Closed Session Minutes for August 20, 2024.

b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521

19) CLOSED SESSION ACTION:

20) ADJOURNMENT:

This is to certify that this agenda was posted at Wasco City Hall on S eptember 14, 2024, on/or before 6:00 p.m. The agenda is also available on the City website at www.cityofwasco.org.

_________________________________
Maria O. Martinez, CMC
City Clerk

All agenda item supporting documentation is available for public review on the city website , www.cityofwasco.org, and the office of the City Clerk of the City of Wasco, 746 8 th Street, Wasco, CA 93280 , during regular business hours, 8:00 am – 4:30 pm Monday through Thursday and 8:30 am – 4:30 pm Friday (closed alternate Friday's), following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting. Please remember to turn off all cell phones, pagers, or electronic devices during Council meetings.

The City of Wasco does not discriminate on the basis of disability in access to, provision of, or employment in its programs and activities pursuant to 29 United States Code Section 12132 and California Civil Code Section 54.

The City Clerk's Office can provide information regarding the rights provided under the Americans with Disabilities Act (ADA).

If you need special assistance to participate in this meeting, please contact the City Clerk's Office at (661) 758- 7215 to make reasonable arrangements to ensure accessibility to this meeting.

Telephone (661) 758- 7215.

Requests for assistance should be made at least two (2) days in advance whenever possible.

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WARRANTS AMOUNTS
G090424 141,691.65
G090224 654,415.89
H090424 95,997.15
G082824 110,785.40
G082624 77,425.64
G082724 111,044.37
A082724 12,782.05
R082724 3,253.08
A082924 1,918.56
G082924 112,962.73 Verified By:

Grand Total 1,322,276.52 Finance Director

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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No . DESCRIPTION AMOUNTS 1 A082724 NAVIA BENEFIT SOLUTIONS 5664 081924 5509 MEDICAL CHECK RUN 081924 12,763.05 2 A082724 NAVIA BENEFIT SOLUTIONS 5664 HRA 082324 5509 HEALTH CARE HRA 082324 19.00 3 A082724 Total 12,782.05
4 A082924 NAVIA BENEFIT SOLUTIONS 5664 082724 5511 MEDICAL CHECK RUN 082724 1,918.56 5 A082924 Total 1,918.56
6 G082624 AMAZON CAPITAL SERVICES, INC 4968 1GQX-VKQQ-3GKG 28519 20225: SECURITY CAMERAS FOR KIMBERLINA BRIDGE 312.58 7 G082624 AMAZON CAPITAL SERVICES, INC 4968 1V4F-FTWP-K6GV 28519 OFFICE SUPPLIES FOR HR 50.68 8 G082624 AMERICAN REFUSE INC 183 316984 28520 JULY 24: RECYCLE CARTS RESIDENTIAL 42,489.30 9 G082624 JEFFRIES BROS., INC 140 154053CT 28521 JUL 24: FUEL SERVICES 28,288.86 10 G082624 KERN COUNTY WASTE MANAGEMENT DEPT. 19 LANDFILL WSP JUL24 28522 JULY 24:WSP LANDFILL FEES 5,708.52 11 G082624 WELLS FARGO FINANCIAL LEASING 4372 5030572846 28523 JUL 24: PD PRINTER LEASE 575.70 12 G082624 Total 77,425.64
13 G082724 AMERICAN EMERGENCY PRODUCTS 5878 INV0034798 28539 PATROL VEHICLE UPFITTING 30,331.55 14 G082724 AMERICAN EMERGENCY PRODUCTS 5878 INV0034796 28539 PATROL UTILITY UPFITTING (3) 30,127.01 15 G082724 AMERICAN EMERGENCY PRODUCTS 5878 INV0034797 28539 PATROL UTILITY UPFITTING (3) 30,127.01 16 G082724 DMV 337 081624 28540 REGISTRATION FEES FOR 5 VEHICLE 20,050.00 17 G082724 WELLS FARGO FINANCIAL LEASING 4372 5029820548 28541 MAY 24: PD PRINTER LEASE 241.90 18 G082724 WELLS FARGO FINANCIAL LEASING 4372 5030206242 28541 JUN 24: PD PRINTER LEASE 166.90 19 G082724 Total 111,044.37
20 G082824 AFLAC 108 046633 28524 AUGUST 24: INSURANCE PREMIUM 582.50 21 G082824 AMAZON CAPITAL SERVICES, INC 4968 1H1Q-3K3J-99RM 28525 20225: SECURITY CAMERAS FOR 7TH ART 348.48 22 G082824 AMAZON CAPITAL SERVICES, INC 4968 1H1R-FD9N-4Q4T 28525 PRIVACY SCREEN FOR MONITORS 64.29 23 G082824 AMAZON CAPITAL SERVICES, INC 4968 17TY-VH3P-LG4Q 28525 20225: EXTENSION CABLE FOR CAMERA 91.98 24 G082824 AWP SAFETY 5700 12019757 28526 100 QT: BARRICADES 5,439.56 25 G082824 CITY OF WASCO/PUBLIC TRANSIT 1683 10876 28527 JULY 24: CNG FUEL 8,298.33 As of: September 10th, 2024
Bill Pay
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No . DESCRIPTION AMOUNTS 26 G082824 DOLORES JARA 6196 007 28528 DESSERTS FOR EMPLOYEE APPRECIATION EVENT 228.00 27 G082824 EVIDENT, INC 6147 240464D 28529 SECURITY BAGS FOR EVIDENCE 121.60 28 G082824 INFO SEND, INC. 4244 268916 28530 TCP Q2 INSERTS 956.54 29 G082824 KERN COUNTY WASTE MANAGEMENT DEPT. 19 LANDFILL AUG 24 28531 AUG 2024: LANDFILL FEES 19,436.42 30 G082824 KERN TURF SUPPLY INC. 188 SI2373227 28532 VALVES FOR LANDSCAPE 1,021.88 31 G082824 MCFARLAND TENT AND AWNING 644 8361 28533 VETERAN BANNER REPAIR (46) 690.00 32 G082824 PG & E COMPANY 85 0705182385-9 081624 28534 UB 501 F STREET 899.33 33 G082824 PG & E COMPANY 85 2767702756-0 081524 28534 UB 603 PALM AVE 22.64 34 G082824 PG & E COMPANY 85 7383005943-9 081424 28534 UB 1450 1ST STREET LIGHT 157.10 35 G082824 PG & E COMPANY 85 8365871756-2 081424 28534 UB ANNEX PARKING LIGHT 14.23 36 G082824 PG & E COMPANY 85 0008325070-4 28534 UB SOLAR PLANT ANIMAL CONTROL 62.45 37 G082824 PG & E COMPANY 85 2053318492-3 081224 28534 JULY 24: WATER WELL #8 6,756.46 38 G082824 PG & E COMPANY 85 5199704189-5 081624 28534 UB MULTIPLE LOCATIONS 53,870.75 39 G082824 PG & E COMPANY 85 2114713176-3 081424 28534 UB STREET LIGHT TRACT 7311-4 FILBURN 31.42 40 G082824 PRINCIPAL LIFE INSURANCE COMPANY 5862 1168207-10001 081824 28535 SEPT 24: INSURANCE PREMIUM 11,321.94 41 G082824 THE GAS COMPANY 246 08207136329 081524 28536 MULTIPLE ADDRESSES 157.60 42 G082824 UNIVERSAL URGENT CARE & OCCUPATIONAL MEDICINE INC 5268 EM017104 28537 PHYSICAL POST-OFFER 45.00 43 G082824 WELLS FARGO FINANCIAL LEASING 4372 5030969911 28538 AUG 24: PD PRINTER LEASE 166.90 44 G082824 Total 110,785.40
45 G082924 AMERIVET CONTRACTING 5242 WAS-003.005 28543 21003: LABOR CAMP DEMO RETENTION 70,583.90 46 G082924 AMERIVET CONTRACTING 5242 WAS-003.004 28544 21003: LABOR CAMP DEMO CO#2 42,378.83 47 G082924 Total 112,962.73
48 G090224 AMERICAN EMERGENCY PRODUCTS 5878 INV0034799 28545 PATROL VEHICLE UPFITTING 30,331.55 49 G090224 AMERICAN EMERGENCY PRODUCTS 5878 INV0035087 28545 PATROL UTILITY UPFITTING (3) 30,127.01 50 G090224 CEN-CAL CONSTRUCTION 3848 23106-13 28546 22012-2: JUNE CHANGE ORDERS FOR DOWNTOWN PROJECT 30,365.63 51 G090224 CEN-CAL CONSTRUCTION 3848 23106-12 28547 22012-2 & 22012-4: DOWNTOWN JUNE 437,051.25 52 G090224 CLEAN STRIDE LLC 5289 12328 28548 JUNE 2024: JANITORIAL SERVICES 5,141.85 53 G090224 KERN PLUMBING & BACK FLOW SERVICES INC 173 15290 28549 MAY 2024: LABOR BACKFLOW 1,437.59 54 G090224 LOOP ELECTRIC INC. 1939 1570 28550 20214-2: RETENTION 20,095.30 55 G090224 RMS LIFE SAFETY 5994 2128333 28551 21034-3: APPLICATION PMT #3 LCTOP CHARGING STATION 68,162.31 56 G090224 RMS LIFE SAFETY 5994 2128267 28552 214034-3: APPLICATION PMT #2 LCTOP CHARGING STATIO 31,703.40 57 G090224 Total 654,415.89
58 G090424 A & P DIESEL ELECTRIC INC 432 10918 28553 STREET VEH #85: STARTER 198.25 59 G090424 ALEXANDER'S CONTRACT SERVICES, INC. 3828 202408160590 28554 8/12/24-/8/16/24: METER READING SERVICE 6,627.43 60 G090424 AMAZON CAPITAL SERVICES, INC 4968 1C6N-9NQQ-79TK 28555 OFFICE SUPPLIES FOR PD RECORDS 19.34 61 G090424 AMAZON CAPITAL SERVICES, INC 4968 1G9K-T16C-3P4P 28555 OFFICE SUPPLIES FOR PD 231.12 62 G090424 AMAZON CAPITAL SERVICES, INC 4968 1GNP-QLFT-G1RX 28555 INTERCOM & MOUSES FOR FINANCE 297.60 63 G090424 AMAZON CAPITAL SERVICES, INC 4968 1MCY-QRT-DHV9 28555 SUPPLIES FOR EVIDENCE ROOM 79.90 64 G090424 AMAZON CAPITAL SERVICES, INC 4968 13QK-C1T1-4JPW 28555 STAMPS FOR PD 11.80 65 G090424 AMAZON CAPITAL SERVICES, INC 4968 1KP-KTDC-1DLL 28555 WW VEH #41: ROOF MOUNTING BRACKET 164.53 66 G090424 AMAZON CAPITAL SERVICES, INC 4968 1LH7-MG49-1XKL 28555 WW VEH #41: MINI LED LIGHT BAR 262.45 67 G090424 AMAZON CAPITAL SERVICES, INC 4968 19P6-KXXXJ-1CQD 28555 CASH REGISTER 75.18 68 G090424 AMERICAN EMERGENCY PRODUCTS 5878 INV0035090 28556 PD CROWN VIC LIGHTBAR REPLACEMENT 4,278.15 69 G090424 AMERICAN REFUSE INC 183 318949 28557 AUG 24: RECYCLE CARTS RESIDENTIAL 42,289.30 70 G090424 ANTHONY COOK 6043 082824 28558 102323 UNFM STIP B0 52.35 71 G090424 ATT - PAYMENT CENTER 1488 000022190421 28559 PHONE SERVICES 07/23/24 - 08/23/24 35.36 72 G090424 ATT - PAYMENT CENTER 1488 000022190422 28559 PHONE SERVICES 07/23/24 - 08/23/24 61.09 73 G090424 ATT - PAYMENT CENTER 1488 000022190423 28559 PHONE SERVICES 07/23/24 - 08/23/24 31.32 74 G090424 ATT - PAYMENT CENTER 1488 000022190424 28559 PHONE SERVICES 07/23/24 - 08/23/24 326.29 75 G090424 ATT - PAYMENT CENTER 1488 000022190425 28559 PHONE SERVICES 07/23/24 - 08/23/24 31.35 2 of 4
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No . DESCRIPTION AMOUNTS 76 G090424 ATT - PAYMENT CENTER 1488 000022190426 28559 PHONE SERVICES 07/23/24 - 08/23/24 90.85 77 G090424 ATT - PAYMENT CENTER 1488 000022190427 28559 PHONE SERVICES 07/23/24 - 08/23/24 31.56 78 G090424 ATT - PAYMENT CENTER 1488 000022190428 28559 PHONE SERVICES 07/23/24 - 08/23/24 61.09 79 G090424 ATT - PAYMENT CENTER 1488 0000190429 28559 PHONE SERVICES 07/23/24 - 08/23/24 31.32 80 G090424 ATT - PAYMENT CENTER 1488 000022190430 28559 PHONE SERVICES 07/23/24 - 08/23/24 31.32 81 G090424 ATT - PAYMENT CENTER 1488 000022190431 28559 PHONE SERVICES 07/23/24 - 08/23/24 2,024.91 82 G090424 ATT - PAYMENT CENTER 1488 000022190432 28559 PHONE SERVICES 07/23/24 - 08/23/24 31.32 83 G090424 ATT - PAYMENT CENTER 1488 000022190433 28559 PHONE SERVICES 07/23/24 - 08/23/24 35.36 84 G090424 ATT - PAYMENT CENTER 1488 000022190434 28559 PHONE SERVICES 07/23/24 - 08/23/24 59.53 85 G090424 ATT - PAYMENT CENTER 1488 000022190435 28559 PHONE SERVICES 07/23/24 - 08/23/24 31.32 86 G090424 ATT - PAYMENT CENTER 1488 000022190436 28559 PHONE SERVICES 07/23/24 - 08/23/24 31.32 87 G090424 ATT - PAYMENT CENTER 1488 000022190437 28559 PHONE SERVICES 07/23/24 - 08/23/24 31.32 88 G090424 ATT - PAYMENT CENTER 1488 000022190438 28560 PHONE SERVICES 07/23/24 - 08/23/24 31.32 89 G090424 ATT - PAYMENT CENTER 1488 000022190439 28559 PHONE SERVICES 07/23/24 - 08/23/24 90.86 90 G090424 ATT - PAYMENT CENTER 1488 000022191962 28559 PHONE SERVICES 07/23/24 - 08/23/24 105.48 91 G090424 ATT - PAYMENT CENTER 1488 000022192056 28559 PHONE SERVICES 07/23/24 - 08/23/24 367.92 92 G090424 BADAWI & ASSOCIATES 5675 1645 28561 FY 2024 AUDIT PROGRESS BILLING #1 19,046.25 93 G090424 BHT ENGINEERING, INC 5134 24-263 28562 LLMD 2024 12,645.00 94 G090424 BSK & ASSOCIATES, INC. 1052 AH19243 28563 WW SAMPLE TEST: 7/18/24 AMMONIA, BOD, EC, TDS 305.33 95 G090424 BSK & ASSOCIATES, INC. 1052 AH19269 28563 WW SAMPLE TEST: 7/23/24 BOD & TSS 140.00 96 G090424 BSK & ASSOCIATES, INC. 1052 AH19764 28563 WW SAMPLE TEST: 7/30/24 BOD & TSS 140.00 97 G090424 BSK & ASSOCIATES, INC. 1052 AH19817 28563 WW SAMPLE TEST: 8/1/24 BOD & TSS 140.00 98 G090424 CAPITAL INDUSTRIAL MEDICAL SUPPLY CO 238 34-202691 28564 ANNEX BUILDING 1ST AID SUPPLIES 152.08 99 G090424 CHARTER COMMUNICATIONS 68 167736001082124 28565 SEPT 24: CH INTERNET SRVCS 313.40 100 G090424 CLARK PEST CONTROL 117 35809063 28566 AUG 2024: 5409 7TH ST PEST CONTROL SERV 62.00 101 G090424 CLEAN STRIDE LLC 5289 12792 28567 JULY 2024: JANITORIAL SERVICES 5,141.85 102 G090424 COASTLINE EQUIPMENT COMPANY 1947 1158235 28568 RFS VEH #20: THERMOSTAT 61.48 103 G090424 DARTANYUN RABON 6160 082824 28569 061724 UNFM STIP B297.01 111.52 104 G090424 DEE JASPAR AND ASSOCIATES, INC 378 24-00763 28570 CONFLICT 8001: JULY 2024 4,646.88 105 G090424 FED EX 123 8-599-44445 28571 EXPRESS SERVICES 081624 24.46 106 G090424 GARDAWORLD 4266 10792389 28573 SEPT 24: ARMORED SRVCS 490.23 107 G090424 KAISER FOUNDATION HEALTH PLAN INC 4757 199630077704 28574 OCT 24: INSURANCE PREMUIM 6,473.66 108 G090424 KERN COUNTY WASTE MANAGEMENT DEPT. 19 43796-IN 28575 JULY 2024: STSWP FEES 2,968.88 109 G090424 KERN COUNTY WASTE MANAGEMENT DEPT. 19 43826-IN 28575 JULY 2024: WSP LANDFILL FEES 325.10 110 G090424 KERN ECONOMIC DEVELOPMENT CORPORATION 143 9774 28576 ANNUAL MEMBERSHIP AUG 24-25 5,000.00 111 G090424 MARIA ROCHA-CASTILLO 6072 082824 28577 012224 UNFM STIP B6.52 42.40 112 G090424 NEW YORK LIFE INSURANCE COMPANY 4733 YMH_20240903 28578 SEPT 24: INSURANCE PREMIUM 270.00 113 G090424 ODP BUSINESS SOLUTIONS, LLC 5759 379625932001 28580 OFFICE SUPPLIES 97.52 114 G090424 ODP BUSINESS SOLUTIONS, LLC 5759 379622170001 28580 OFFICE SUPPLIES 97.52 115 G090424 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-208319 28579 POLICE VEH #PO12: LOCK SWITCH 93.15 116 G090424 PACE ANALYTICAL SERVICES, INC 5694 2427B500833 28581 WTR SAMPLE TEST: 7/16/24 WELL #13 CLIP 393.00 117 G090424 PACE ANALYTICAL SERVICES, INC 5694 2427B501889 28581 WTR SAMPLE TEST: 7/16/24 WELL #7,12,13,14 DWPDIST1 56.00 118 G090424 PACE ANALYTICAL SERVICES, INC 5694 2427B501953 28581 WTR SAMPLE TEST: 8/6/24 WELL 12,14,18 DWPDIST12 42.00 119 G090424 PACE ANALYTICAL SERVICES, INC 5694 2427B501954 28581 WTR SAMPLE TEST: 8/6/24 DWPDIST12 70.00 120 G090424 PACE ANALYTICAL SERVICES, INC 5694 2427B501957 28581 WTR SAMPLE TEST: 8/6/24 WELL# 8,12,14 DWPDIST12 250.00 121 G090424 PACE ANALYTICAL SERVICES, INC 5694 2427B501990 28581 WTR SAMPLE TEST: 8/6/24 WELL# 8,12 CLIP 330.00 122 G090424 PACE ANALYTICAL SERVICES, INC 5694 2427B502169 28581 WTR SAMPLES: DWPDIST12 14.00 123 G090424 PACE ANALYTICAL SERVICES, INC 5694 2427B502356 28581 WTR SAMPLE TEST: 8/13/24 DWPDIST12 98.00 124 G090424 PACE ANALYTICAL SERVICES, INC 5694 2427B502357 28581 WTR SAMPLE TEST: 8/13/24 WELL# 7,11 DWPDIST12 28.00 3 of 4
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AB C D E F G
WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No . DESCRIPTION AMOUNTS 125 G090424 PETERSON AUTO SUPPLY 152 7417-277345 28582 TOOLS #GENERAL: PLIERS SET 179.77 126 G090424 PG & E COMPANY 85 4675436856-4 082624 28583 UB NE COR CENTRAL AVE & MARGALO 267.35 127 G090424 RAFAEL GONZALEZ 6201 082124 28584 CAT TRAP DEPOSIT 45.00 128 G090424 SALDANA WELDING AND FABRICATION 5879 2483 28585 22012-2 HANDRAIL FRAMES FOR ART INSTALLATIONS DOWN 8,244.54 129 G090424 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 1198 S177530 28586 764 E ST/ANNEX GEN: 24/25 ANNUAL PTO 290.00 130 G090424 STINSON STATIONERS INC 160 4201582565 28588 PRINTER PAPER FOR PD 354.77 131 G090424 THE BAKERSFIELD CALIFORNIAN 206 89224ad370520 28589 24002: POSO AVE BICYCLE & PEDESTRIAN IMPRV AD 1,401.52 132 G090424 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3495 28587 JOB RECUITMENT 84.00 133 G090424 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3490 28587 24002: POSO AVE BICYCLE & PEDESTRIAN IMPRV AD 619.15 134 G090424 TLC ANIMAL REMOVAL SERVICES 5195 0002736 28590 8.19.24:ANIMAL DISPOSAL 2 CHEST FREEZERS 800.00 135 G090424 TRADICIONES MARKETS, INC 5259 312 JULY 2024 28572 312 UB PAYMENTS JULY 24 56.16 136 G090424 UNIVAR USA INC 111 52316219 28591 WELL #14: 747 G ST LIQUID CHLORIDE 891.38 137 G090424 UNIVAR USA INC 111 52316220 28591 WELL #12: MCCOMBS BETWN ANNIN & PALM LIQUID CLORID 2,099.62 138 G090424 UNIVAR USA INC 111 52316221 28591 WELL #11: 11TH & OAK LIQUID CHLORIDE 995.03 139 G090424 UNIVAR USA INC 111 52316223 28591 WELL #8: POSO DR LIQUID CHLORIDE 849.92 140 G090424 UNIVAR USA INC 111 52316224 28591 WELL #7: 4TH AND POPLAR LIQUID CHLORIDE 891.38 141 G090424 USA BLUEBOOK 498 INV00441102 28592 WASTEWATER TREATMENT PLANT MATERIALS 519.32 142 G090424 USA BLUEBOOK 498 INV00441178 28592 WASTEWATER TREATMENT PLANT MATERIALS 20.01 143 G090424 WASCO ELK LADIES 5982 090324 28593 STOP & SMELL THE ROSES EVENT 10 TICKETS 500.00 144 G090424 WASCO VETERINARY CLINIC 4770 JULY 2024 28594 24037: JULY 2024 VET SERVICES 1,931.00 145 G090424 WILLIAMS CLEANING SYSTEMS LLC 4738 614854 28595 STREET VEH #85: GENERATOR AND BRAKET 2,016.46 146 G090424 WILLIAMS CLEANING SYSTEMS LLC 4738 614855 28595 STREET VEH #85: UNLOADER BELT 405.95 147 G090424 Total 141,691.65
148 H090424 DEE JASPAR AND ASSOCIATES, INC 378 24-00762 28596 23003:WELL #13: EQUIPPING JUNE 2024 91.65 149 H090424 JEFFRIES BROS., INC 140 1545893 28597 1000 UNITS RNWBL DYEDDSL 99 3,381.20 150 H090424 WESTROCK GENERAL ENGINEERING 6200 1094 28598 23002: ALLEY REHAB PROJECT CONSTRUCTION 92,524.30 151 H090424 Total 95,997.15
152 R082724 RMS LIFE SAFETY 5994 23-0473 28542 23022: CEC CHARGING STATION INFRASTRUCTURE PRJ 3,253.08 153 R082724 Total 3,253.08
154 Grand Total 1,322,276.52
4 of 4
9 of 114
City of Wasco City Council Special Meeting Minutes, August 30, 2024

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Friday, August 30, 2024
Special Meeting – 6:00 p.m.

City Council Chambers
746 8th Street, Wasco, CA 93280
SPECIAL MEETING – 6:00 p.m.

1) CALL TO ORDER:

Mayor Medina called the meeting to order at 6:00 p.m.

2) ROLL CALL: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Reyna PRESENT: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Reyna LATE: None
ABSENT: None
STAFF PRESENT: City Manager Hurlbert, City Clerk Martinez and Deputy City Clerk Tinajero

3) FLAG SALUTE: led by the Mayor Medina

4) NEW BUSINESS:
a. Conduct the interviews for the unexpired term in District 5 City Council vacancy.

Oral presentation by City Manager Hurlbert.

There were no public comments or email comments
The council interviewed Miguel A. Raya.
5) ADJOURNMENT:

Mayor Medina adjourned the meeting at 6:12 p.m.

10 of 114
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager

DATE: September 17, 2024

SUBJECT: Adopt a Resolution Approving the Application and the Execution of a Grant Agreement and any Amendments with California Governor’s Office of Emergency Services for the State and Local Cybersecurity Grant Program (SLGP) - Local and State Competitive Funding Opportunity thereto’ and budget appropriations necessary to implement the Wasco Cybersecurity Project.

Recommendation:

Staff recommends that the City Council:
1) Adopt a resolution authorizing the City Manager or designee to submit the application and execute a grant agreement and any amendments with California Governor’s Office of Emergency Services for the State and Local Cybersecurity Grant Program (SLGP) - Local and State Competi tive Funding Opportunity thereto’ and budget appropriations necessary to implement the Wasco Cybersecurity Project.

2) and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Environmental Review:

This action is not a project within the meaning of CEQA Guidelines Section 15378. It is, therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a definite course of action concerning a project since the action authorized herein may lead to the negotiation of a grant agreement . This proposed activity is, therefore, not subject to CEQA . Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

STAFF REPORT
City of Wasco

11 of 114

Discussion:

On July 31, 2024, the California Governor’s Office of Emergency Services (Cal OES), Homeland Security & Emergency Management (HSEM) Branch, released a Competitive Funding Opportunity (CFO) for the State and Local Cybersecurity Grant (SL) Program. Cal OES’s fund source code for this federal fund is SLCG.

The State & Local Cybersecurity Grant Program (SLCG) p rovides state/territorial, local, and tribal (SLT) governments with resources to address cybersecurity risks and threats to information systems and improve the security of critical infrastructure and resilience of the services provided by those entities.

Some of the allowable categories of cost under the SLCGP Program are as follows:

• Planning—Planning costs are allowable under this Program. SLCGP funds may be used for a range of planning activities, such as those associated with developing, reviewing, and revising holistic, entity -wide cybersecurity plans and other planning activities supporting the Program's goals and objectives.

• Eq uipment – Equipment costs are allowable under this Program . Emergency communications systems and equipment investments must meet applicable SAFECOM Guidance recommendations; such investments must be coordinated with the Statewide Interoperability Coordinat or and the State Interoperability Governing Body to ensure interoperability and long -term capability. SLCGP funds may be used to purchase maintenance contracts or agreements, warranty coverage, licenses, and user fees in support of a system or equipment

•Training—Training costs are allowable under this Program. Allowable training -related costs under SLCGP include the establishment, support, conduct, and attendance of training and/or in conjunction with training by other federal agencies.

•Management and Administration (M&A)– M&A costs are allowable under this Program.

M&A activities directly related to managing and administrating SLCGP sub-award funds, such as financial management, reporting, and program and financial monitoring .

Subrecipients are allowed a maximum of five (5) percent of the Grant Subaward amount.

The performance period is December 1, 2024 – December 31, 2026. The funding Amount Applicants may apply for up to $250,000 for the 25-month Grant Subaward performance period.

The proposals must be submitted and received by Friday, September 27, 2024.

Fiscal Impact:

For FY 2022 and FY 2023 SLCGP funding, the match requirement has been waived for all sub-recipients.

Attachments:

1. Resolution
12 of 114
RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO SUBMIT THE APPLICATION AND EXECUTE A GRANT AGREEMENT AND ANY AMENDMENTS WITH CALIFORNIA GOVERNOR’S OFFICE OF

EMERGENCY SERVICES FOR THE STATE AND LOCAL CYBERSECURITY GRANT

PROGRAM (SLGP)- LOCAL AND STATE COMPETITIVE FUNDING OPPORTUNITY THERETO’ AND BUDGET APPROPRIATIONS NECESSARY TO IMPLEMENT THE WASCO CYBERSECURITY PROJECT.

BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: The City Council hereby approves the submittal of a grant application/proposal for up to $250,000.00 to the California Governor’s Office of Emergency Services for the State and Local Cybersecurity Grant Program (SLGP) - Local and State Competitive Funding Opportunity thereto’ and budget appropriations necessary to implement the Wasco Cybersecurity Project, pursuant and subject to all State and Federal program guidelines, requirements and amendments thereto.

SECTION 2: The City Manager of the City of Wasco, or his/her designee, is hereby authorized and directed to submit a grant application and execute a grant agreement with the California Governor’s Office of Emergency Services for the State and Local Cybersecurity Grant Program and make any necessary budget appropriations , requests for reimbursement, reports, and amendments thereto.
-o0o-

13 of 114
I HEREBY CERTIFY that the foregoing Resolution No. 202 4 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 17, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VALENTIN MEDINA
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Wasco
14 of 114
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, City Clerk

DATE: September 17, 2024

SUBJECT: Approval of Travel Expenses Exceeding $500.00 for the City Clerk and Deputy City Clerk to attend the City Clerk's New Law & Election Seminar Annual Conference on December 11 – 13, 2024, in Napa, CA.

Recommendation:

Staff recommends the City Council
1) Approve the travel expenses exceeding $500.00 for the City Clerk and Deputy City Clerk to attend the City Clerk's New Law & Election Seminar Annual Conference on December 11 – 13, 2024, in Napa, CA.

2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

This request is for staff to attend the New Law & Election Seminar Annual Conference on December 11 – 13, 2024, in Napa, CA. This training will update the City Clerk and Deputy City Clerk on elections, new laws, and Fair Political Practices. The training will expand Staff knowledge on a wide range of topics relevant to their roles within the city.

The cost of the conference, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy limits established by City of Wasco Resolution No. 2006 - 2327, which limit expenses to $500.00 per trip. As a result, the City Council must approve the travel request as the trip expenses will exceed $500.00.

STAFF REPORT
City of Wasco

15 of 114

Fiscal Impact:

The cost of this training, including the conference and travel expenses, is estimated to not exceed $2,500.00 each. The training cost is contained in the adopted FY 2024-2025 Budget; no budget action is required with approval of this item.

Attachments:

1. Training Information

16 of 114

Wednesday, Dec. 11

Registration Open
8:00 a.m.-5:30 p.m.

Premium Sponsor Tables Open

8:00 a.m.-5:30 p.m.

Opening General Session
10:30 a.m.-noon

Networking Lunch
Noon-1:30 p.m.

Educational Session
1:30-3:00 p.m.

Exclusive Premium Sponsor Break
3:00-3:30 p.m.

Educational Session
3:30-5:00 p.m.

Joint Reception with Fire Chiefs and Municipal Finance Officers 5:00-6:00 p.m.

Thursday, Dec. 12

Registration Open
8:00 a.m.-4:00 p.m.

Networking Breakfast
17 of 114
8:00-9:00 a.m.

Educational Session
9:00 a.m.-noon

Networking Lunch
Noon-1:30 p.m.

Concurrent Educational Sessions
1:30-3:00 p.m.

Break
3:00-3:30 p.m.

Concurrent Educational Sessions
3:30-5:00 p.m.

Friday, Dec. 13

Registration Open
8:00-10:30 a.m.

Networking Breakfast
8:00-9:00 a.m.

Educational Session
9:00-10:30 a.m.

Closing Educational Session
10:45 a.m.-noon
Explore Previous Seminars →
18 of 114
View the 2023 City Clerks New Law and Elections Seminar program here (/docs/default-source/city-clerks-new-law-and-elections-seminar---session- materials/2023-city-clerks-new-law-and-elections-seminar-program.pdf? sfvrsn=505ca7be_6) .

2023 Seminar Session Materials
Core Responsibilities of a Filing Officer (/docs/default-source/city-clerks- new-law-and-elections-seminar---session-materials/core-responsibilities-of-a- filing-officer.pdf?sfvrsn=7cd47067_3)
Elections 101 (/docs/default-source/city-clerks-new-law-and-elections- seminar---session-materials/elections-101.pdf?sfvrsn=3fe2e0ed_3) Elections - Beyond the Basics (/docs/default-source/city-clerks-new-law- and-elections-seminar---session-materials/elections---beyond-the-basics.pdf? sfvrsn=59dad146_3)
Navigating the Transition (/docs/default-source/city-clerks-new-law-and- elections-seminar---session-materials/navigating-the-transition.pdf? sfvrsn=2e5cbac5_3)
(/docs/default-source/city-clerks-new-law-and-elections-seminar---session- materials/new-laws-for-district-elections---santa-monica-and-fair-maps-act- changes---v2.pdf?sfvrsn=8444f6bc_3) New Laws for District Elections - Santa Monica and FAIR MAPS Act Changes (/docs/default-source/city- clerks-new-law-and-elections-seminar---session-materials/new-laws-for-district- elections---santa-monica-and-fair-maps-act-changes---v2.pdf? sfvrsn=8444f6bc_3)
New Law and Election Update - Cohen and Hutchings (/docs/default- source/city-clerks-new-law-and-elections-seminar---session-materials/new-law- and-election-update---cohen-and-hutchings.pdf?sfvrsn=52176f4_3) New Law and Election Update - Pina (/docs/default-source/city-clerks-new- law-and-elections-seminar---session-materials/new-law-and-election-update--- pina.pdf?sfvrsn=c93b3c02_3)
19 of 114
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, Administrative Manager/City Clerk

DATE: September 17, 2024

SUBJECT: Adopt a Resolution Approving the Amended Designat ed Positions Required to File Conflict of Interest Statement Pursuant to the Political Reform Act of 1974, Assigning Disclosure Categories.

Recommendation:

Staff recommends that the City Council:
1) Adopt a Resolution Approving the Amended Designating Positions Required to File Conflict of Interest Statements Pursuant to the Political Reform Act of 1974, Assigning Disclosure Categories; and

2) Find that this action is not a project defined under the California Environmental Quality Act State Guidelines; therefore, no environmental review is required pursuant to State Guidelines Section 15378.

Environmental Review:

Discussion:

The Political Reform Act requires every local government agency to review its conflict of interest code biennially, as the code tells public officials, governmental employees , and consultants what financial interests they must disclose on their Statement of Economic Interests Form 700. The Act also requires the City to enumerate specific City positions, other than those specified in Government Code §87200, which involve making or participating in making decisions that have a reasonable material effect on an

STAFF REPORT
City of Wasco

20 of 114
economic interest, and to designate for each position the specific types of investments, business positions, interests in real property and sources of income which are reportable based on the scope of the decision-making authority of the position.

The staff has reviewed current positions held within the city and designated the reporting categories based on each position's duties. The attached resolution is now being brought forth to the Council for review and adoption.

Fiscal Impact:

None

Attachments:

1. Resolution

2. Exhibit A – Designated Positions

3. Exhibit B- a copy of the Disclosure Categories
21 of 114
RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE

AMENDED DESIGNATED POSITIONS REQUIRED TO FILE CONFLICT OF INTEREST STATEMENT PURSUANT TO THE POLITICAL REFORM ACT OF 1974, ASSIGNING

DISCLOSURE CATEGORIES

WHEREAS, the Political Reform Act, Government Code §8100 et seq. requires state and local agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the Political Reform Act requires every local government agency to review its conflict of interest code biennially, as the code tells public officials, government employees, and consultants what financial interests they must disclose on their Statement of Economic Interest Form 700; and
WHEREAS, the Wasco City Council adopted Wasco City Code Title 2 Chapter 2.30 Section 010 -130 as the Conflict of Interest Code of the City of Wasco; and WHEREAS, Section 2.30.120 of the Wasco Municipal Code contains the lis t of designated positions subject to the Conflict of Interest Code and the financial disclosure categories applicable to each position; and
WHEREAS, updating the list to reflect current positions and job duties accurately is necessary; and
WHEREAS, the City of Wasco adopted Ordinance No 2009- 528 section 3. Authorizes Any future amendments to the City’s Conflict of Interest Code, including but not limited to amendments to the designated positions listed or the financial disclosure categories, may be made by a resolution duly adopted by the City Council of the City of Wasco.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wasco does hereby find, determine, and declare as follows:

SECTION 1: the City designates the positions detailed in attached Exhibit A as positions required by law to file a Statement of Economic Interest Form 700, and Exhibit B copy of the disclosure categories for reference.

SECTION 2: Designated employees shall file their Statements of Economic Interest Form 700 with the City Clerk. Statements for all designated employees will be retained by the City and be available for inspection and reproduction pursuant to Government Code §81008. -o0o-

22 of 114
I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 17, 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VALENTIN MEDINA
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Wasco
23 of 114

EXHIBIT A
The positions set forth in this section are assigned to the corresponding disclosure categories set forth in Section 2.30.130:

DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Community Development Director 1,2,3,4
Senior/Associate/Assistant planner(s) 1,2,3,4
Finance Director 1,2,3,4
City Engineer 1,2,3,4
Public Works Director 1,2,3,4
Deputy Public Works Director/Water Operations 1,2,3,4
City Project Manager 1,2,3,4
Information Technology Manager 1,2,3,4
Sanitation Superintendent 4
Building Inspector, I/II 1,2,3,4
Chief Building Official 1,2,3,4
Accounting Manager 1,2,3,4
Administrative Manager/City Clerk 1,2,3,4
Assistant City Manager 1,2,3,4
Human Resource Manager 1,2,3,4
Police Lieutenant 1,2,3,4
Chief of Police 1,2,3,4
**Consultants **

The Mayor, Members of the City Council, Members of the Planning Commission, the City Manager, City Treasurer, and City Attorney are not subject to the City’s code but are subject to the disclosure requirements of the Political Reform Act Code §87200 et. Seq.

CONSULTANTS
** The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements. Such written determination shall include a description of the consultant’s duties, and based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection as set forth in the Political Reform Act.

24 of 114
The Wasco Municipal Code is current through Ordinance 727, passed August 20, 2024.

Disclaimer: The city clerk’s office has the official version of the Wasco Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofwasco.org
Hosted by General Code.

2.30.130 Disclosure categories.

The disclosure categories set forth in this section apply to the positions designated in Section 2.30.120. Disclosure of such categories should be in compliance with Section 2.30.050.

Category 1. Persons in this category shall disclose all interests in real property within the jurisdiction of the city.

Real property shall be deemed to be within the jurisdiction if the property or any part of it is located within or not more than two miles outside the boundaries of the city, or within two miles of any land owned or used by the city.

Category 2. Persons in this category shall disclose all investments, including any financial interest in or security issued by a business entity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest, if the business entity or any parent, subsidiary or otherwise related business entity has an interest in real property in the jurisdiction, or has done business within the jurisdiction at any time during the two years prior to the time any statement or other action is required under this code. No asset shall be deemed an investment unless its fair market value exceeds one thousand dollars. The term "investment" does not include a time or deemed deposited in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency.

Investment of an individual includes a pro rata share of investments of any business activity or trust in which the individual or spouse owns, directly or indirectly or beneficiarily, a ten percent interest, or greater.

Category 3. Persons in this category shall disclose all income received from any source located or doing business within the jurisdiction of the city or expecting to do business within the jurisdiction of the city. Income from a public agency need not be disclosed.

Category 4. Persons in this category shall disclose all income from and investments in businesses that manufacture or sell supplies of the type utilized by the city. (Ord. 439 §2, 1999).

Ch. 2.30 Conflict of Interest | Wasco Municipal Code Page 1 of 1 The Wasco Municipal Code is current through Ordinance 727, passed August 20, 2024. 25 of 114
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Charlie Fivecoat, Chief of Police

DATE: September 17, 2024

SUBJECT: Approval of Training Expenses Exceeding $500.00 for a Senior Police Officer to attend the POST Certified Field Training Officer Course scheduled for September 23-27, 2024, in Lompoc, CA.

Recommendation:

Staff recommends that the City Council:
1) Approval of Training Expenses Exceeding $500.00 for a S enior Police Officer to attend the POST Certified Field Training Officer Course scheduled for September 23-27, 2024, in Lompoc, CA., and

Environmental Review:

Discussion:

T
he goals and objectives of POST -ap
proved Field Training Courses are to provide the
Senior Police Officer with the tools and techniques to develop specific teaching and training strategies for new police recruits. This course will provide the Senior Police Officer with up-to-date information relating to documentation, evaluation, and remediation of new hires. This course will also teach the Sr. Officer the various roles and responsibilities of

STAFF REPORT
City of Wasco

26 of 114
a Field Training Officer . It will cover topics such as leadership, ethics, legal, and liability issues in the Field Training program.

The cost of the train ing is $115.00, plus $2.40 for books and fees. The training, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy Limits established by City of Wasco Resolution No. 2006-2327, limiting expenses to $500.00.

Fiscal Impact:

The cost of travel and training is estimated not to exceed $1,000. The adopted FY 2024 - 2025 Operating Budget contains sufficient funding to cover this expense . No budget action is required. The travel and per diem expenses are POST reimbursable.

Attachments:

1. Course information

27 of 114
Law Enforcement Training
LE351- Field Training Officer

What you'll learn
This course is based on active student partici
pation, utilizing practical exercises and learn
ing activities, including comprehens ive case
studies and video scenarios to enable partici
pants to learn:
• The goals and objectives of POST
approved Field Training Programs.
• Techniques and exercises in documenta
tion, evaluation, scenarios, remediat ion,
and intervention.
• Teaching and Training Skills.
• The various roles and responsibilities of
Field Training Program personnel.
• Leadership, ethical, legal and liability is
sues in Field Training.
• Interacting with per sons wit h mental ill
ne
ss.

P
articipants are requested to bring a copy of
their agency Field Training Program manual
and forms, along with all related Field Training
issues, questions, problems, and successes
for class discussion. Completion of this course
satisfies the requirement for personnel as
signed as Field Training Offi cers in a POST
approved Field Training Program. Course in
structors include former Field Training Pro
gram managers and supervisors, F.T.O.s, and
others with a background in law enforcement.

Apply to Allan Hancock College
Apply for Admission
Application for Admission to College
(opencccappIy.net)

Contact the Law Enforcement Training Pro
gram office Ana Gonzalez at (805) 735
3366
e
xt. 3802 (Monday thru Friday, 8am
4:00
pm), ana.gon
[email protected]
f
or registration information. Prer
egistrations
are required and priority will be given to those
who complete the registration process two
weeks prior to the first day of instruction. The
class is limited to 30 students and is subject to
cancellation if the minimum enrollment is not
met.

Please confirm your attendance by
completing the admissions application.

Tuition
$115.00 for enrollment and $2.40 for ma
terials fees. For independent or selfpay

public agency students attending on a off/on
duty status there is an additional mandatory
$26 health fee payable once per semester.

Students will need to bring a laptop
computer to download class materi
als electronically. Successful comple
tion of the course will earn 2.5 semester
units of college credit (LE 351). Tuition
and fees are payable to Allan Hancock
College and may be made by chec k,
money order or by credit card. Public
agency billings may also be arranged.

POST certified and reimbursable under
Plan IV.

Attendance
Class will be held Monday Fr iday,
8:00am 5:
00 pm. Students are ex
pected to attend all scheduled course
hours. POST requires a minimum of
90% attendance for successful course
completion. When practical, short emer
gency absences may be made up by out
of
c
lass assignments, by arrangement
with the instructor (s) and course coordi
nator.

Location & Parking
Class will be held (on c ampus) at One
Hancock Drive, Lompoc CA 93436 at the
Public Safety Training Complex, Building
511

8. 28 of 114
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Isarel Perez-Hernandez, Finance Director

DATE: September 17, 2024

SUBJECT: Approval of Travel Expenses Exceeding $500.00 per participant for the Billing and Collections Supervisor, the Accounting Supervisor, and the Payroll Specialist to attend the California Public Employers Labor Relations Association (CALPELRA) 2024 Annual Training Conference on November 12 - 15, 2024, held in Monterey, CA.

Recommendation:

Staff recommends the City Council:
1) Approve the Travel Expenses Exceeding $500.00 per participant for the Billing and Collections Supervisor, the Accounting Supervisor, and the Payroll Specialist to attend the California Public Employers Labor Relations Association (CALPELRA) 2024 Annual Training Conference from November 12-15, 2024, held in Monterey, CA.; and

2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378; no environmental review is required.

Environmental Review:

Discussion:

An investment in the professional development of a business workforce invigorates the workplace by providing employees with the necessary skills they need to grow as professionals.

STAFF REPORT
City of Wasco

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This request is for the approval of the Billing and Collections Supervisor , the Accounting Supervisor, and the Payroll Specialist to attend the California Public Employers Labor Relations Association (CALPELRA) 2024 Annual Training Conference.

This training is designed for California Public Employers. It includes topics of labor relations and regulations relating to harassment prevention, wage and hour issues in California, state and federal employment legislation, organizational effectiveness changing workplace demographics, CalPERS, performance evaluation training, and leave policy.

The preliminary conference program for the CALPELRA 2024 Annual Training Conference is attached.

The cost of the training will exceed the Expense and Use of Public Resources Policy Limits established by City of Wasco Resolution No. 2006 -2327, limiting expenses to $5 00.00 per trip. As a result, the City Council must approve the travel request for the Billing and Collections Supervisor, the Accounting Supervisor, and the Payroll Specialist as the expenses for the cost of the trip will exceed $500.00.

Fiscal Impact:

It is estimated the cost of the Society of the California Public Employers Labor Relations Association (CALPELRA) 2024 Annual Training Conference will not exceed $5,000. The training cost is contained in the adopted FY 2024 – 2025 Budget; no budget action is required.

Attachments:

1. CALPELRA Annual Conference 2024 Details
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#CALPELRA2024
An interactive forum.

For 49 years, CALPELRA's Annual Conference has provided an interactive forum for learning and sharing the experiences of public sector professionals with diverse knowledge, skills, and abilities at all levels of government throughout California.

A wide variety of relevant content.

The Conference offers a wide variety of labor, human resources, and employment training sessions, including educational and skill- building presentations that discuss new and critical issues and that encourage audience interaction and participation, as well as personal and professional development. CALPELRA's Annual Conference Program Committee selects session content that will best prepare CALPELRA's members and Conference participants for the challenges and opportunities public agencies currently face.

Conference sessions are relevant not only to labor relations and human resources professionals, but also to professional management and supervisory individuals working in risk management, benets, leave administration, and recruitment, as well as attorneys and other professionals working in police, re, insurance, workers' comp, and other agency departments or human resources related areas.

Program details and schedule coming soon.

CALPELRA Conference programs usually include several general sessions and 80 or more concurrent sessions. Conference sessions are all day on Wednesday, all day Thursday, and a half day on Friday.

The #CALPELRA2024 program content will be available in late June, and the program schedule will be available later this summer.

Sign out
Conference Details Registration Details Keynote And General Sessions Logistics Certication And Credits Health And Safety
7/10/24, 10:24 AM Event Details - CALPELRA Conference
https://www.calpelra.org/CAL_Conference/ContentAreas/Details/Event_Details.aspx?WebsiteKey=5e2a0ec8-dd78-4456-be09-446888a965cc&033973… 1/2 31 of 114
.

TO: Honorable Mayor and Members of the City Council

FROM: M. Scott Hurlbert, City Manager
Keri Cobb, Community Development Director

DATE: September 17, 2024

SUBJECT: A dopt a R esolution requesting the Kern County Local Agency Formation Commission to Initiate Proceedings for the Annexation of Territory Known as Annexation 41.

Recommendation:

Staff recommends the City Council
1) Adopt a Resolution of the City Council of the City of Wasco requesting the Kern County Local Agency Formation Commission to Initiate Proceedings for Annexation of Territory Known as Annexation 41; and

2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15061 (b)(3), the activity is not subject to CEQA.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined t hat the activity is covered by the common-sense exemption as defined under Section 15061 (b)(3) of the State CEQA guidelines that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Discussion:

This resolution is required by LAFCO and the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000 to initiate annexation proceedings. The proposed annexation includes approximately 31.52 acres at the southwest corner of Magnolia and 7th and

1.21 acres of road right of way on Central Avenue south of Filburn (see below).

STAFF REPORT
City of Wasco

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Annexation 41 location map

Analysis
The proposed annexation would bring the future site of the WUHSD Ag farm, MOT facilities, and road right of way on Central Avenue into the City Limits.

Environmental Review
The City has determined that this project is Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15061(b)(3), which states that the project is exempt by statute if:
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“The activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA”

Th
e annexation of land use alone, where no specific project has been submitted, does not have a significant effect on the environment.

General Plan and Z oning Consistency Analysis
At the August 6, 2024 City Council Meeting, the Council conducted a public hearing and adopted a General Plan Amendment and Pre- zoning for the WUHSD property making the new General Plan and pre- zoning designation Public Facilities. This designation will allow the High School facilities to be constructed on this site.

The General Plan provides a policy basis for the proposed annexation:

Land Use Element
LU Goal 2 : “A logical, orderly development pattern that matches the City’s ability to provide services

LU Policy 3: E ncourage consistent and comprehensive planning for the city.

LU Action 3.2: Following the adoption of the General Plan Update, the City shall prepare revisions and/or amendments to the Zoning Code text to incorporate necessary General Plan implementation measures and ensure consistency between the General Plan and Zoning Code within the City

Based
on this policy analysis and the site locations on the edge of the developed City where future growth is expected but there is still adequate room for the needed public / institutional facilities, and the need for additional road right of way to promote orderly growth, staff believes the proposed annexation is consistent with applicable policies and implementation direction of the General Plan and Zoning Code.

Attachments:

1. City Council Resolution
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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO REQUESTING THE KERN

COUNTY LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF TERRITORY KNOWN AS ANNEXATION 41

WHEREAS, The City of Wasco desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 , commencing with Section 56000 of the California Government Code, for Annexation of Territory known as Annexation 41; and

WHEREAS, per the City’s General Plan Land Use Map, the property is located in the City’s Sphere of Influence; and

WHEREAS, the Government Code requires that properties to be annexed into a local jurisdiction be pre- zoned prior to the completion of the annexation proceedings; and

WHEREAS, the City of Wasco has pre- zoned those certain properties which are proposed for annexation to be consistent with the City’s General Plan and, in so doing, ensures consistency between the General Plan and Zoning designations as required by Government Code; and

WHEREAS, duly advertised public hearings were held on July 8, 2024 , before the City of Wasco Planning Commission and on August 6, 2024, before the City of Wasco City Council; and

WHEREAS, at said public hearings, all persons wishing to speak for and against the proposed Change of Organization, environmental document, and proposed Pre-Zoning were afforded an opportunity to address the Planning Commission and City Council; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wasco finds, determines, and declares that:

SECTION 1: The City of Wasco requests that the Kern County Local Agency Formation Commission initiate proceedings pursuant to the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code, for Annexation of Territory to the City of Wasco known as Annexation 41.

SECTION 2: The City of Wasco hereby proposes the Annexation of uninhabited land as described in Exhibit “A” and shown in Exhibit “B” attached hereto and by this reference incorporated herein.

SECTION 3: Pursuant to the Calif ornia Environmental Quality Act (CEQA), Government Code Section 15061(b)(3) , this project is exempt from the California Environmental 35 of 114
Quality Act as shown in the Notice of Exemption in Exhibit “C” as attached hereto and by this reference incorporated herein.

SECTION 4: The reasons for the proposed change of organization are that the City owns the adjacent property and has plans to develop the site, including road improvements, and the Wasco Union High School District owns property adjacent to the City Limits where it plans to construct new Ag Farm and MOT facilities.

SECTION 5: The proposed annexation and pre-zoning
are consistent with the goals and
policies of the City’s General Plan and Sphere of Influence.

SECTION 6: The chief petitioners of Annexation 41 are as follows:

The City of Wasco – 764 E Street Wasco, CA 93280
Wasco Union High School District – 2100 7th Street Wasco, CA 93280

SECTION 7 : The City of Wasco formally requests that the Local Agency Formation Commission process the above-referenced annexation by waiving notice, hearing, and protest hearing (or conducting authority proceedings) pursuant to section 56663 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 . The waiver of notice, hearing, and protest hearing is based on the fact that we have received 100% consent from the property owners of the affected territory.

-o0o-

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I HEREBY CERTIFY that the foregoing Resolution No. 202 4 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 17, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VALENTIN MEDINA
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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SHEET 1 OF 2

Exhibit “A”

Annexation of a Portion of Central Avenue to the City of Wasco

A portion Lot 218, 219 and Central Avenue as shown on the Fourth Home Extension Colony as recorded in Book 1, of maps at page 99 in the Office of the Kern County Recorder, and also being a portion of the Southeast Quarter of Section 14, T.27S., R.24E., M.D.M., in the County of Kern, State of California, more particularly described as follows;

1) Beginning at the Northwest Corner of the Southeast Quarter of Section 14, T 14, T.27S, R.24E also being the Northwest corner of said Lot 219 and said Lot corner also being the centerline intersection of Filburn Avenue with Central Avenue and the point of beginning;
2) thence S89°22’31”E along the North line of said Southeast Quarter a distance of 20.00 feet;
3) thence S01°10’33”W parallel with the West line of said Southeast Quarter a distance of 1321.245 feet to a point on the South line of said Lot 219; 4) thence N89°22’33”W along said South line a distance of 20.00 feet to the Southwest corner of said Lot 219;
5) Thence N89°22’23”W a distance of 20.00 feet along the South Line of Lot 218; 6) Thence N01°10’33”E a distance of 1321.25 feet, parallel to the East line of Lot 218; 7) thence S89°22’11”E a distance of 20.00 feet to the point of beginning.

Containing 1.21 Acres more or less

Wiley D. Hughes, L.S. 3779, Exp. 6/30/2024 Date

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EXHIBIT A

LEGAL DESCRIPTION

CITY OF WASCO
ANNEXATION No. 41 BOUNDARY

That portion of the East half of Section 10 , Township 27 South, Range 24 East, Mount Diablo Base and Meridian in the unincorporated area of the County of Kern, State of California, described as follows:

Commencing at the East quarter corner of said Section 10; thence North 01°08’56” East along the East Line of said Section 10 a distance of 30.00 feet to the North right -of-way line of 7 th
Street; thence North 89°18’52” West along said North right-of-way line a distance of 20.00 feet to the TRUE POINT OF BEGINNING, said point also being on the West line of the East 20.00 feet of said Section 10 and also being an angle point on the Corporate Boundary of the City of Wasco per Annexation No. 20;

1) thence South 01°08’56” West along said West line and said Corporate Boundary a distance of 1350.94 feet to the South line of the North half of the Southeast quarter of said Section 10, also being an angle point on said Corporate Boundary;

2) thence departing said Corporate Boundary North 89° 20’25” West along said South line a distance of 1300 .17 feet to the West line of the East half of the Southeast quarter of said Section 10;

3) t hence North 01°09’10” East along said West line a distance of 1026.54 feet to the South line of the North 295.00 feet of the Southeast quarter of said Section 10, said South line also being the Corporate Boundary of the City of Wasco;

4) thence South 89°18 ”52” East along said South line and said Corporate Boundary a distance of 1290.09 feet to a point on the West line of the East 30.00 feet of said Section 10, said point also being an angle point on said Corporate Boundary;

5) thence North 01°08’56” East along said West line and said Corporate Boundary a distance of 315.01 feet to a point on the North line of the South 20.00 feet of the Northeast quarter of said Section 10, said point also being an angle point on said Corporate Boundary;

6) thence departing said Corporate Boundary and continuing North 01°08’56” East along said West line a distance of 10.00 feet to a point on the North line of the South 30.00 feet of Northeast quarter of said Section 10, said point also being an angle point on the Corporate Boundary of the City of Wasco;

7) thence South 89°18’52” East along said North line and said Corporate Boundary a distance of 10.00 feet to the TRUE POINT OF BEGINNING.

Contains 30.70± acres.
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©2024

SWANSON
ENGINEERING, INC.SANX
ANNEXATION NO. 43
SCALE: 1" =
N
0200400 200100
200'
N
352-(&7
6,7(
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City of Wasco
Community Development Department
764 E Street Wasco, CA 93280
(661) 758-7250 phone (661) 758-7239 Fax

Date Received for Filing at OPR:

Notice of Exemption

To:  Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
From:  City of Wasco
Community Development Department
764 E Street
Wasco, CA 93280
 Kern County Clerk
1115 Truxtun Avenue
Bakersfield, CA 93301-4639

Project Title: Annexation 41

Project Location – Specific: Annexation of 1,320 feet of Central Avenue Right of Way south from the intersection of Filburn and Central and Annexation of approximately 31.52 acres of land at the southwest corner of 7
th Street and Magnolia.

Project Location – City: City of Wasco Project Location – County: Kern County

Description of Nature, Purpose, and Beneficiaries of Project: Annexation of 1,320 linear feet of existing Right of Way on Central Avenue south from the intersection of Filburn and Central and Annexation of approximately 31.52 acres of land at the southwest corner of 7 th Street and Magnolia.

Name of Public Agency Approving Project: City of Wasco

Name of Person or Agency Carrying out Project: City of Wasco

Exempt Status:
 Ministerial
 Declared Emergency
 Emergency Project
 Categorical Exemption 15061 (b)(3)

 Statutory Exemption

Reasons why project is exempt: The project is annexation of existing road right of way and annexation of vacant land recently purchased by the Wasco Union High School District. This project is for annexation boundary change only. No construction is proposed as part of the annexation project.

Lead Agency : City of Wasco
Contact Person and Title: Keri Cobb, Community Development Director Phone: (661) 758-7250

Signature:_____________________________________________Date: ___________________________ 41 of 114
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, City Clerk

DATE: September 17, 2024

SUBJECT: Approval of Travel Expenses Exceeding $500.00 for the Administrative Manager and Lead Mechanic to attend the California Association for Coordinated Transportation CALACT Maintenance Conference on October 14 – 16, 2024, in Clovis, CA.

Recommendation:

Staff recommends the City Council
1) Approve the travel expenses exceeding $500.00 for the Administrative Manager and Lead Mechanic to attend the California Association for Coordinated Transportation CALACT Maintenance Conference on October 14 – 16, 2024, in Clovis, CA.

Environmental Review:

Discussion:

This request is for staff to attend the California Association for Coordinated Transportation CALACT Maintenance Conference in Clovis, CA, on October 14 – 16, 2024.

The CALACT represents transit agencies throughout California and beyond, providing support and advocacy to help agencies serve their riders more effectively. The conference consists of several sessions focusing on current trends, issues, and challenges.

STAFF REPORT
City of Wasco

42 of 114
The maintenance conference will enable staff to learn about new industry technologies and sharpen their skills in electric bus maintenance. It will also offer staff the opportunity to network with other professionals in the transportation industry and provide opportunities to understand innovative methods to address various transportation issues.

Fiscal Impact:

The cost of this training, including the conference and travel expenses, is estimated to not exceed $1,500.00 each. The training cost is contained in the adopted FY 2024-2025 Budget; no budget action is required.

Attachments:

1. Training Information

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2024

MAINTENANCE
OCT 14 - 16
CALACT

CLOVIS, CA

CONFERENCE
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Maintenance Conference Draft Schedule

Monday, October 14, 2024
7:30 AM Registration
8:00 AM Registration/Breakfast
8:30 AM Opening Session
9:30 AM High Voltage Fundamentals 101 10:30 AM Break/Exhibitor Set up
10:45 AM High Voltage Fundamentals-102
12:00 PM Lunch- Guest Speaker-30 minutes -Training Opportunities-CTE, STTC, Comm Colleges
1:00 PM Workforce Development Training
HVAC Training Certiﬁcation-Big Bus
2:30 PM Break
2:45 PM Maintenance Sessions--ZEB 101
BraunAbility Lift Certiﬁcation Training
3:30 PM Maintenance Breakout -ZEB 102 BraunAbility Lift Cert Certiﬁcation Training Continued
4:30 PM Flooring Repair and Maintenance #1 & #2
5:30 PM Reception with Exhibitors
7:00 PM Dinner on your own

Tuesday, October 15, 2024
7:30 AM Breakfast
8:00 AM Warranty & Parts Management
8:30 AM Brake Board Training & Tire Management
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10:00 AM Break with Exhibitors
10:30 AM Multiplex Training & Cummins Valve Adjustment Training 12:00 PM Lunch with Exhibitors
1:00 PM-3:00 PM Multiplex Training & Cummins Valve Adjustment Training 3:00 PM Technology Training Tools
4:30 PM EXPO & Prize Distribution
6:00 PM Maintenance Roundtable Discussions
7:00 PM Dinner

Wednesday, October 16, 2024
7:30 AM Breakfast Clovis Transit
8:00 AM Vehicle Inspection Training-City of Clovis-Frank & VVTA 9:30 AM Tour of FAX and FCRTA Maintenance Facility 12:00 PM Lunch
1:00 PM Tour of H2B2- Hydrogen Facility
3:00 PM Return to City of Clovis -End of Conference

46 of 114
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager

DATE: September 17 , 2024

SUBJECT: Discussion and Possible Minute Action determining the city's position regarding one resolution that has been submitted for consideration at the Annual Conference and referred to the Cal Cities policy committees scheduled to meet on October 17, 2024.

Recommendation:

Staff recommends the City Council:
1) Review the one resolution that will be introduced for consideration and determine the City’s position and voting guidance for the City’s delegate; and

Environmental Review:

Discussion:

One resolution has been introduced for consideration at the Annual Conference and referred to Cal Cities policy committees which will meet at 1:00 pm on Thursday, October 17, 2024. The resolutions for consideration are as follows:

1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES

CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT E NSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL LEVELS IN THE STATE OF CALIFORNIA.

STAFF REPORT
City of Wasco

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Exhibit “A,” the full information packet from Cal Cities, is included with this staff report. This packet includes an introduction to the conference meeting procedures, full copies of the proposed resolutions, comment letters from several cities, and Cal Cities’ analysis.

Fiscal Impact:

None

Attachments:

1. Cal Cities 2021 Annual Conference Resolution Packet
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2023-2024

CAL CITIES OFFICERS
President
Daniel T. Parra
Mayor
Fowler
First Vice President
Lynne Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Second Vice President
Gabe Quinto
Council Member,
El Cerrito
Immediate Past President
Ali Sajjad Taj
Mayor Pro Tem,
Artesia
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 28, 2024
TO: M
ayors, Council Members, City Managers, and City Clerks
RE: Cal
Cities 2024 Resolution Packet
Six
ty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the Aug. 17 deadline.

Th
e attached packet contains the proposed resolution, supporting letters from city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process.

We
encourage each city council to consider the resolution and determine a city position so your voting delegate can represent your city’s position on the resolution.

Vot
ing Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Sept. 25. The voting delegate packet contains more information.

The Cal
Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center during the Annual Conference and Expo.

For
questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
49 of 114

2024
Resolutions
Packet
50 of 114
2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.

A list of recommendations the policy committee may make during its meeting are on page three of this packet.

Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.

The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.

A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.

Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.

Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.

Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 51 of 114
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 member-
informed 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 approved
1 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). 2 52 of 114

2024 Resolutions Packet

Policy Committee and Resolutions Committee Actions

The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution.

Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve

Amend and approve

Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)

Additional amendments and refer to
appropriate policy committee for
further study*

*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly.

3 53 of 114

2024 Resolutions Packet

General Assembly Voting and Discussion Procedures
Discussion Procedures:

Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.

For General Resolutions:

Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly

For Petitioned Resolutions:

Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly

Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote.

Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.

Voting Procedures:

Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.

4 54 of 114

2024 Resolutions Packet

2024 Resolution

1. Resolution on F air and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:

5 55 of 114

2024 Resolutions Packet

Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora

6 56 of 114

2024 Resolutions Packet

1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF

CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE

FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL

LEVELS IN THE STATE OF CALIFORNIA

Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Gov
ernance, Transparency and Labor Relations Policy
Committee

WHE
REAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and

WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:

California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California;

Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials;

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2024 Resolutions Packet

Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;

Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.

WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”

NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:

“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate . This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”

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2024 Resolutions Packet

Resolution No. 1: Letters of
Concurrence

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July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.

Sincerely,
Michael Allawos
Council Member
City of Glendora
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2024 Resolutions Packet

Resolution No. 1: Staff Analysis

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League of California Cities Staff Analysis on Resolution No. 1 Sta
ff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:

This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The C
alifornia State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:

This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.

Ralph M. Brown Act
The Ca
lifornia Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.

The Ra
lph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 67 of 114
9027 governs the state Legislature. T he California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).

Altho
ugh fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.

Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.

California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.

SB 174
(Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.

Over
the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.

The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 68 of 114
proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.

The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. C
hapter 556, Statutes of 2019
established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.

The R
esolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.

Fiscal Impact:

Unknown.

Existing Cal Cities Policy:

Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
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• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.

Comments:

Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced,
which requires local governments to
present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.

Add
itionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.

AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.

Applying to elected officials or to the legislative body? Legislature or the State? The r
esolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”

This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.

Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”

It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 70 of 114
of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.

Support:

The following letters of concurrence were received:

April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: September 17, 2024

SUBJECT: Discussing and providing guidance to staff regarding the allocation of funds for Downtown Décor.

Recommendation:

Staff recommends the City Council:
1) Discussing and providing guidance to staff regarding the allocation of funds for Downtown Décor; and

Environmental Review:

Background:

The City has obtained several decorations for downtown as part of the Downtown Beautification Project. These decorations include various art pieces and metal ornaments. They will need regular maintenance and may need to be replaced if they are stolen or vandalized, which could detract from the area's appearance. The current City budget does not cover the maintenance or replacement of these decorations.

There is also existing seasonal décor in need of replacement that has deteriorated over the years.

Discussion:

The cost of this décor can vary from a couple of hundred dollars to significantly more.

Staff recommends allocating funds for the cost of these items. This would also allow for

STAFF REPORT
City of Wasco

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seasonal changes of the ornaments. If and when they are going to be changed, staff will bring the ideas back to the C ouncil for direction and approval before making any changes.

Staff requests direction from the Council to allocate funds for downtown décor maintenance and replacement.

Fiscal Impact:

Subject to future Council action, a budget line item would be created for the continued costs of acquiring, maintaining, and replacing décor.

Attachments:

1. Sample Décor Quote

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All rendering artwork, photos, and
design concepts are property of:

S T - N I C K S . C O M
PROPOSAL PRESENTED BY:

JOVANY VILELLA -

ACCOUNT EXECUTIVE
2 0 2 4 H O L I D A Y S E A S O N

PROPOSAL
P R E P A R E D F O R :

C I T Y O F W A S C O
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We appreciate the trust you will be placing in St. Nick’s should you award us the contract. Rest assured we have
invested a great deal of time into planning and execution of our designs. Our team includes structural engineers, sound technicians, and our cadre of experts to ensure that our unique plans can be implemented within your budget
and time frames. St. Nick’s has high standards for quality products and energy-efficient LED lighting. We strive hard to ensure that the continuing of St. Nick’s service will be as easy as possible for the staff. In fact, we truly hope that by moving beyond just lights and decorations, we will make your jobs easier and help you continue to shine time after time.

S T - N I C K S . C O M
St. Nick’s is excited to submit this holiday décor proposal that is assured to brighten your property. We appreciate the opportunity to partner with you this season. Other
amazing clients, such as City of West Hollywood, The Pike Outlets, the City of Carson, The Music Center in
Downtown Los Angeles, and many others have trusted St.

Nick’s with their special lighting projects
There are many good reasons why our clients continue to utilize our services year after year, which not only
includes our innovation capabilities but also our nod to professionalism. We appreciate the complexities and
intricacies involved with large scale projects. We are
confident that our technical abilities combined with our focused attention to detail will meet and exceed all your expectations. Our design plan includes many visual
delights as you’ll see flipping through the pages of this proposal.

Jovany Villela,
Jovany Villela, Account Executive
Thank you,
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S T - N I C K S . C O M
Nicholas Adams
Founder and Legal Compliance
Wade Francis
Chief Financial Officer
Brenda Sheridan
Director of Operations
Daniel Christenson
Director of Sales
Stephanie Escobar
Creative Director
Carlos Vasquez
Sr. Installer & Project Manager
Alonso Salazar
Sr. Installer & Project Manager

COMPANY PROFILE
Founded 1998 business, dba St. Nick’s (25 years)
T&G Global, LLC (CA)
Tax ID #68-0636192
14 full-time employees, 30-45 seasonal staff
B-General Building Contractor #990427
Certified Small Business Supplier #1626660
County of Los Angles Small Business Enterprise (LSBE)
Vendor #16942501
Business Address: 6861 Walker Street, La Palma, CA
90623
Telephone: (562) 438-0017
Fax: (562) 437-4242
Contact Name: Jovany villela, Account Executive
Website: www.St-Nicks.com
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S T - N I C K S . C O M
Polemount: Lighted Pole Mount. Metal frame wrapped in PVC Mesh for Daylight appeal.

Light Post: 4FT Polemount
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S T - N I C K S . C O M
Light Post: 7FT Polemount
Polemount: Lighted Pole Mount. Metal frame wrapped in PVC Mesh for Daylight appeal. 78 of 114
S T - N I C K S . C O M
Auditorium:
20FT Tree: 24FT Tree Including 4FT LED Topper. With LED Lights & 1,400+ Ornaments & florals on Tree. Decorated in ornament package of choice.
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S T - N I C K S . C O M
Auditorium:
20FT Tree: 24FT Tree Including 4FT LED Topper. With LED Lights & 1,400+ Ornaments & florals on Tree. Decorated in ornament package of choice.
12FT Photo Op: 12FT Walkthrough. 2-D Ornament. Metal frame wrapped in PVC Mesh to protect LED Lights.
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S T - N I C K S . C O M
Pricing:
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Purpose of Proposal: Wholesale Purchase of
Holiday Decor
Contact: Luis Villa I [email protected]
Project Date: TBD 2024
Installation Address: 801 8th Street, Wasco
CA 93280
All material appearing on the St. Nick’s Christmas Lighting & Décor Proposal (“content”) is protected by copyright under U.S. Copyright laws and is the property of St. Nick’s Christmas Lighting & Décor. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database, or to show a preferred layout for presenting creative concepts.

You may not alter or remove any copyright or other notice from copies of the content on St. Nick’s Christmas Lighting & Décor Proposal. For questions or concerns please contact [email protected]
This quote is valid for 30 days.

To execute installation,
please initial each additional
option and sign below. Final
agreement to follow.
________________________________________
Authorized Signer
________________________________________
Printed Name
____________
Date
Jovany Villela,
Jovany Villela, Account Executive
Thank you,
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: September 17, 2024

SUBJECT: Adopt a Resolution Authorizing the City Manager or designee to finalize and endorse an agreement with the Wasco Union High School District to oversee a drinking fountain water filtration program to reduce 123 -TCP concentration.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager or designee to finalize and endorse an agreement with the Wasco Union High School District to oversee a drinking fountain water filtration program to reduce 123-TCP concentration; and

2) Find that this action is not a project defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Environmental Review:

Discussion:

The City's public water system currently has six wells, four of which contain the compound 123-TCP. This compound is prevalent in agricultural land and is a man-made chemical historically used in industrial and pesticide products. The City’s two primary production wells being used do not have these water quality issues. A well replacement program is awaiting funding approval with the California State Revolving Fund which will provide permanent remediation for this water quality issue.

STAFF REPORT
City of Wasco

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The City has been collaborating with the Wasco Union High School District on a short- term project to provide drinking fountain filtration to reduce TCP concentration and reduce use of bottled water.

The project is a grant-funded initiative to install point-of-use (POU) filtration systems at high-traffic school drinking fountains. The school district is securing the funding, and the water board is mandating city oversight of the filter systems for the project to proceed.

As part of the project, the Deputy Public Works Director of Water Operations would be responsible for regulatory compliance of the filter system and training and supervision of school personnel for a couple of hours a week. City staff will receive 100% reimbursement for their time, with no fiscal or significant impact on the city's daily operations.

The agreement has been reviewed by both the high school district and the City's legal counsel. Pending approval from the high school union district's board, the document will be sent to the city manager's office for execution on the City's behalf. Staff is seeking authorization to endorse this agreement.

Fiscal Impact:

No fiscal impact, expenses related to this Project will be reimbursed.

Attachments:

1. Resolution

2. Agreement
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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO FINALIZE AND ENDORSE AN AGREEMENT WITH THE

WASCO UNION HIGH SCHOOL DISTRICT TO OVERSEE A DRINKING FOUNTAIN WATER FILTRATION PROGRAM TO REDUCE 123-TCP CONCENTRATION.

WHEREAS, The City wishes to collaborate with the Wasco Union High School District to supervise a drinking fountain water filtration program designed to reduce 123-TCP concentration; and

WHEREAS The C ity will be fully reimbursed for the time it spends on seeing this project through; and

WHEREAS, said Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and

WHEREAS, Wasco Union High School District and the City each acknowledge that each party and their respective legal counsel have reviewed the Agreement; and

WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California.

NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:

SECTION 1 : Authorizes the C ity Manager or designee to finalize and endorse the necessary agreements for oversight of the Wasco Union High School District’s drinking fountain water filtration program to reduce 123-TCP concentration.

-o0o-

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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 17, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDANA, MARTINEZ, RAYA, REYNA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VALENTIN MEDINA
MAYOR of the City of Wasco

Attest:

__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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WASCO UNION HIGH SCHOOL DISTRICT

CITY OF WASCO

MEMORANDUM OF UNDERSTANDING

(Training and Reporting Requirements)

This Memorandum of Understanding (AMOU @ or “agreement”) is between the WAS CO UNION HIGH SCHOOL DISTRICT, a California public education agency (ADistrict @), and The CITY OF WASCO hereinafter referred to as (ACity@).

RECITALS

This MOU is based on the following facts and understandings of the parties:

A. The District has received a grant to replace and retrofit water fountains with refillable bottled water stations at Wasco Union High School and Wasco Independence High School, hereafter referred to as the “Project”.

B. The purpose of the Project is to ensure access to clean and safe drinking water by District students, in particular near the eating area, during an interim phase while the Wasco City Water System implements the Well Project as the long-term water access solution.

C. The Project includes the installation of 18 - Point of Use (POU) units at various locations on the two campuses.

D. T he District needs technical assistance to install drinking water access improvements ; install the Point of Use (POU) treatment devices for contaminants including without limitation 1,2,3-TCP, and staying in compliance with the Division of Drinking Water (sometimes, DDW or Water Board) regulations and reporting requirements . The DDW regulates public drinking water. The City has personnel with the necessary expertise.

E. As this agreement is for professional services and expert advice, it is therefore exempt from public bidding pursuant to Government Code section 53060.

F. This agreement is permitted by Education Code section 45103.1 as it is for services which cannot presently be performed by District employees due to the highly specialized nature of the expert knowledge and experience needed.

G. The nature of the services being provided does not require close proximity and interaction with District students. City personnel shall not interact with students.

H. This MOU is intended to be the entire written agreement between the parties regarding the underlying subject matter.

TERMS

Based upon the Recitals and the promises exchanged by the parties in this agreement, the parties agree as follows:

1. R
ecitals . The Recitals are incorporated herein and made a part of this agreement.

2. S cope of Services. The nature and scope of services are set forth with greater particularity in Attachment A which is incorporated into the agreement by this reference (the “Services”). 87 of 114

3. R eimbursement. The District shall reimburse the City for providing the Services described in this agreement and in Attachment A, including, without limitation, the technical assistance and training at the rate of $ 90.99 per hour and/or pro rata for partial hours. Materials and supplies are reimbursable at cost.

Ti
me spent on personal travel to furnish the Services called for under this MOU is not reimbursable.

The total hours of Services delivered under this MO U shall not exceed 28 hours during the initial pilot/installation and 139 hours after the system is fully online. The total price of the Services provided under this MOU shall not exceed $ 14,645.00. Reimbursement of City for time spent by City staff in cooperating with District in responding to an audit described in paragraph 11 below shall not be limited by the foregoing but shall be in addition to same.

Ci
ty will submit monthly invoices describing the nature of the Services delivered, the number of hours associated with each type of Service, and the date that each hour of Service is delivered.

Documentation reasonably s upporting each invoice will also be submitted. The City must document the number of hours devoted to Services by the Certified Operating Technician staff so that the grant can be billed appropriately. City shall be paid for Services satisfactorily rendered.

Time spent compiling and submitting the corresponding invoices is not reimbursable.

4. P
ayment. Payment is to be made within 30 days following receipt of each monthly invoice.

Inconsistencies and discrepancies must be resolved prior to payment by District. In the event of District’s failure to make payment as required herein, the unpaid portion of any invoice shall accrue interest at the rate of 5% per annum until paid in full.

5. Ter m, Renewal and Early Termination.

A. Term. This MOU shall be effective upon signatures by both parties and shall remain in effect until the earlier of June 30, 2025 or termination of the grant funding.

B. Renewal. This agreement may be renewed by mutual written agreement.

C. Early Termination. Either party may terminate this a greement at any time, with or without cause. When terminating without cause, the terminating party must first provide advance written notice to the other party no less than 30 calendar days prior to the date of termination. When terminating with cause, the terminating party shall so notify the other party in writing and this agreement shall be immediately terminated thereafter. Upon termination of this agreement with or without cause, City shall have no further obligation to perform any of the Services required herein and District shall pay for all Services provided by City prior to termination on or before the date of termination.

6. C
ode of Conduct for Pupil Interactions . The District has a code of conduct for interaction with pupils. District has provided City with a copy of the code of conduct for interaction with pupils concurrent with the date of this agreement. District has the right to immediately terminate this agreement if City personnel violate the District’s Code of Conduct while interacting with students.

District shall notify City of termination in writing within 24 hours of termination and City shall be paid for those Services satisfactorily performed prior to termination within 10 days after termination. The foregoing shall survive the termination of this agreement.

7. Fi
ngerprinting. C ity personnel who may enter upon school grounds for purposes of this MOU shall provide fingerprint impressions for submission to the Department of Justice and the Federal Bureau of Investigation, at City’s expense, and obtain clearance before entering upon school grounds. The cost to City of providing the foregoing information shall be reimbursed to City 88 of 114

pursuant to paragraph 4 of this agreement.

8. P upil Safety . To the best of City’s knowledge City’s personnel who may enter upon school grounds to implement this MOU have not been convicted of, or entered a plea of nolo contendre to, charges of any sex offense as defined in Education Code s ection 44010, or to a felony that would disqualify them from employment with the District pursuant to Education Code section 44237.

9. Indem nification. Each party to this MOU agrees to defend, hold harmless, and indemnify the other (and the Party’s officers, employees, trustees, councilmembers, agents, successors, and assigns) against all claims, suits, expenses (including reasonable attorney fees), losses, penalties, fines, costs, and liability whether in contract, tort, or strict liability (limited to personal injury, death at any time, and property damage) arising out of or resulting from (A) a breach of the terms of this a greement, or (B) the act or omission or misconduct of that parties’ personnel, in connection with performance of this agreement.

10. S
tatus of Parties. The parties agree that in performing each party’s Services or obligations specified in this agreement, each party shall act as independent contractors. Except as specified in this a greement, the each party shall determine the means and methods for carrying out the work to achieve the result required under this Agreement. Each party shall be free to contract for similar services to be performed while under this contract. Neither party’s personnel are entitled to participate in any pension plan, insurance, bonus, or similar benefit that the other provides for its employees.

11. A udit. City agrees to maintain all records pertinent to this MOU for five years. City understands that the funding source for this MOU is a grant and that grant money typically comes with audit obligations. City agrees, at no expense to City, to cooperate with the District and any other governmental entity seeking to audit the use of grant funding. All records pertinent to this MOU and requested pursuant to an audit of grant funds will be immediately provided. District shall reimburse City pursuant to paragraph 3 for the Services.

12. G
eneral Provisions .

A. Amendments. The provisions of this a greement may be modified only by mutual agreement of the parties. No modification shall be binding unless it is in writing and signed by the party against whom enforcement of the modification is sought.

B. Assignment. Neither party shall voluntarily, or by operation of law, assign or otherwise transfer this agreement without the other party’s prior written consent. Any purported assignment in violation of this paragraph shall be void.

C. Captions. Captions and headings in this MOU are solely for the convenience of the parties, are not a part of this a greement, and shall not be used to interpret or determine the validity of this MOU or any of its provisions.

D. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one and the same instrument. Facsimile signatures are acceptable to both parties.

E. Entire Agreement. This MOU is the entire agreement between the parties. No other agreements, oral or written, have been entered into with respect to the subject matter of this MOU.

F. G
overning Law. The validity, interpretation, and performance of thi s MOU shall be 89 of 114

governed by and construed in accordance with the laws of the State of California. Venue shall be Kern County.

G. Nondiscrimination. Neither party may discriminate in the treatment of any individual on any ground prohibited by law, nor shall any of them harass any person in the course of performing this MOU based on gender or any other basis prohibited by applicable law.

H. Child Abuse Reporting Requirements. C ity warrants that its personnel involved with implementing this MOU are informed of the obligation to report child abuse and child neglect under California law, including but not limited to California Penal Code section 11164 and following, and that they have knowledge of the provisions of Penal Code section 11166 (reporting duty and time) and will comply with those provisions.

I. Notices. Notices required or given under this MOU shall be sent to the parties (a) by certified or registered mail, return receipt requested, postage prepaid, at the addresses set forth below or (b) by electronic mail (“email”) to the email addresses set forth below.

When sent by mail, the notice shall be deemed delivered on the date the return receipt is signed. When sent by email, it shall be deemed delivered when sent.

J. In the event any action or proceeding is instituted arising out of or relating to this MOU, the prevailing party shall be entitled to its reasonable attorneys' fees and actual costs.

K. Waiver by a party of any provision of this MOU shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.

L. The parties acknowledge that each party and their respective legal counsel have reviewed this MOU and agree that this MOU is the product of negotiations between the parties. This MOU shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the MOU.

M. This MOU shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns.

N. If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect.

CITY OF WASCO WASCO UNION HIGH SCHOOL DISTRICT

B
y:

Name Signatory Name
Address

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ATTACHMENT A

SCOPE OF SERVICES

• During the term of the agreement, the City will provide a T-2 Certified Operating Technician to supervise and train a District maintenance employee for purposes of taking weekly readings on flow, sampling, changing filter cartridges, and posting signs relating to 1,2,3, TCP.
- Once trained, District personnel will be responsible for placing the POU unit off-line in the event of a POU failure and posting a notice at the fountain;

- Once trained, District personnel will be responsible for performing routine maintenance of every POU device, at a minimum of 6-12 months per POU, which is recommended by the manufacturer or when a performance indicator or water quality results signal the need for maintenance.

- Once trained, District personnel will be responsible for ensuring that all POU devices will be monitored and maintained. In addition, the District personnel will inspect the POU’s no less than every twelve months and when a POU’s effluent is monitored.

- District maintenance is required to be under the supervision of a licensed water treatment operator. City will provide the necessary supervision during the term of this agreement.

• In the event of a POU failure during the term of this agreement, the City will report the failure to DDW and the District immediately after lab notification. POU failure means that the treated water exceeds the maximum contaminant level for the designated contaminant of concern.
• During the term of this agreement, the City will be responsible for reporting and supervising the operating and maintenance procedures.
• To stay in compliance with the Water Board reporting guidelines and during the term of this agreement, the City will submit monthly treatment to DDW for the 18 POUs. The report must include sampling and flow reading of each of the 18 units, and Primary Station codes for each POU.
• The report is required to be signed by the City of Wasco T-2 Certified Operating Technician.

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager

DATE: September 17, 2024

SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to Negotiate Terms and Develop Agreements with UnWired Broadband for a City -wide Fiber Optic Network Overbuild.

Recommendation:

Staff recommends that the City Council:
1) Adopt a Resolution Authorizing the City Manager or Designee to Negotiate Terms and Develop Agreements with UnWired Broadband for a City -wide Fiber Optic Network Overbuild; and

2) Find that this action is not a project defined under the California Environmental Quality Act St ate Guidelines; therefore, no environmental review is required pursuant to State Guidelines Section 15378.

Environmental Review:

This action is not a project within the meaning of CEQA Guidelines Section 15378. It is, therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a definite course of action concerning a project since the action authorized herein may lead to the negotiation of a grant agreement. This proposed activity is, therefore, not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

Background:

Reliable, high -speed Internet access is critical to the City of Wasco’s economic, educational, and operational future. A Fiber -to-the-Home (“FTTH”) implementation is ideal but beyond the current financial and technical abilities of our City staff to accomplish on our own.

UnWired Broadband is a Valley-based communications provider, focused on wireless and fiber-optic solutions. The company in currently implementing a FTTH network in the

STAFF REPORT
City of Wasco

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City of Coalinga. UnWired is planning a similar FTTH network here in the City of Wasco and wishes to partner wi th the City to ensure a smooth, quality implementation. Aside from the obvious benefits to our residents and businesses, the company also proposes various incentives to the City of Wasco government operations. An initial feasibility study has been completed, confirming that Wasco is a good candidate for this venture. Tonight’s presentation will hopefully address any questions or concerns, and allow Council the option to authorize Staff and unWired to move forward.

Discussion:

The proposed FTTH overbuild is a complex, technical project. The network proposed will be designed, financed, owned and operated by unWired to service residents and businesses in Wasco. This additional service will diversify customer options and encourage incumbent providers to continue offering competitive, high-quality services.

The project involves an investment of several million dollars. To protect this investment, a number of agreements and decisions are necessary to ensure the City, its residents, and unWired will ultimately benefit from the project, including but not limited to:

1) An agreement which sets the scope of the project within the Wasco City Limits, along with the network design designating the planned service area. 2) A Master Encroachment Agreement which governs unWired access to City rights- of-way for installation, maintenance and operation of the network. A draft copy of this agreement is included with this Staff Report.
3) An agreement defining network construction standards and streamlining the permiting, inspection, and approval of plans and construction of the network. 4) One or more lease or purchase agreements required for housing of the network Central Office and other network equipment structures on City land. 5) An agreement defining the scope, term, and purpose of various incentives and services offered by unWired to the City.

Adoption of this resolution is a commitment from the City to move forward in good faith to negotiate and execute the various agreements. Each of the agreements will be brought back to Council for review and consideration as they are finalized.

Fiscal Impact:

Anticipated incremental legal fees and staff time are within the Adopted FY 2024/2025 Operating Budget. If fully implemented, negotiated lease revenues and avoided telecommunications cost s will result in an ongoing net savings to the City. No budget action is required with approval of this item.

Attachments:

1. Resolution

2. Presentation

3. Draft Master Encroachment Agreement
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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO NEGOTIATE TERMS AND DEVELOP AGREEMENTS WITH UNWIRED

BROADBAND, LLC FOR A CITY-WIDE FIBER OPTIC NETWORK OVERBUILD

WHEREAS, Reliable, high-speed Internet access is critical to the City of Wasco’s economic, educational, and operational future ; and a City-wide Fiber-to-the-Home (“FTTH”) implementation is ideal but beyond the current financial and technical abilities of the City to accomplish internally; and
WHEREAS, unWired Broadband, LLC is an experienced, Valley-based communications provider proposing to design, construct, own and operate a FTTH network in the City of Wasco; and
WHEREAS, The project involves an investment of several million dollars and requires a number of agreements to ensure the City, its residents, and unWired will fully benefit from the project, including but not limited to:
i. An agreement which sets the scope of the project within the Wasco City Limits, along with the network design designating the planned service area. ii. A Master Encroachment Agreement which governs unWired access to City rights-of-way for installation, maintenance, and operation of the network. A draft copy of this agreement is included with this Staff Report. iii. An agreement defining network construction standards and streamlining the permiting, inspection, and approval of plans and construction of the network. iv. One or more lease or purchase agreements required for housing of the network Central Office and other network equipment structures on City land. v. An agreement defining the scope, term, and purpose of various incentives and services offered by unWired to the City; and
WHEREAS, the City wishes to move forward in good faith to negotiate, draft, and execute the necessary agreements to support the proposed project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wasco does hereby resolve as follows:

SECTION 1:

Authorizes the City Manager or designee to negotiate, draft, and present to Council for consideration and approval, the agreements listed herein, and other agreements deemed necessary to support and enable the fiber optic network overbuild project proposed by unWired Broadband, LLC.
-o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 17, 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VALENTIN MEDINA
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Wasco
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Presented by
Jerry Stevens
Outside Plant Director – Fiber to the Home
O: (559) 244-9862
[email protected]
FTTH Overview for Wasco, California
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11/14/2023 2
Project
Overview
City of Wasco
FTTH Project
unWired Broadband will
have initial investment
of over $7.5 Million
Dollars in the City
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12 /2 1/2023 3
City of Wasco
-

Passing Summary
• 199 Commercial Properties
• Multi-Dwelling Properties
• 725 Passings
• 4,777 Single Family Properties
• 101 Empty Parcels
• 4,976 Total Passings (Res + Com)
• 5,701 Total Potential Customers (RES +
COM + MDU
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12 /2 1/2023 4
City of Wasco
–

Anchor Institutions
27 Anchor Institutions
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12 /2 1/2023 5
Next generation Fiber Internet Pricing
• We are changing the game for Internet in The City of Wasco, bringing business- grade Internet to homes and businesses. Stream, game and download at lightning- fast speeds when you make the switch to NextGen Fiber. All speeds are Symmetrical, 250mbs/250mbs, 500mbs/500mbs, 1000mbs /1000mbs and not shown below is 5GB/5GB for $159.99. We guarantee our internet speeds other providers say you get up to these speeds. 250/250 Mbps.
$69.99/month
N e xtGen Plus
500/500 Mbps.
$89.99/month
N e xtGen Plus
1000/1000 Gbps.
$109.99/month
N e xtGen Plus
We are also an ACP approved provider; all qualified individuals can get an additional $30 off their plan charges if approved.

Note: Network has an upgrade path to 25G/25G and beyond as demand for such speeds is requested by the communities’ citizens and businesses. 100 of 114
12/2 1/2023 6
• I kindly request that you consider reducing or waiving the permit fees for unWired in exchange for no cost / reduced cost services at a number of your key city / anchor locations over a long term to be negotiated. • Assistance to determine what it might take to prioritize timely permit approval of our Project to expedite Construction Start.
• Execution of the Master Encroachment Agreement between unWired and the City of Madera • It would allow a Simplified Permit process; streamline the approval process in the future as the city grows.
• Help in securing a location for our Central office needed to Light up the entire City Fiber project. These are 10’x10’ spots with access to power close by for our Optical Line Terminal equipment and Cabinet. We were hoping to get a spot outside the existing building near existing power once we get to an agreement and timelines to deploy.
unWired’s Requests for the City
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12/2 1/2023 7
• A yard where we could stage materials during our construction phase about 4 – 6 months time. We are ready and willing to negotiate.
• Help in outreach to all the MDU’s – Multi dwelling units owners / mangers so we can install all of these in a timely fashion. These are usually younger folks to whom Broadband speed is of huge significance. • Developer’s – how do we get notified of every new development now in process and coming in the future.

How do we make sure conduits are placed for our use moving forward? unWired’s Requests for the City
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12 /2 1/2023 8
How can unWired help the city
• Does the City need a dedicated Point to Point private fiber optic network to link all of your Buildings, Pump Stations, Wireless communication towers etc. We can build a Hub and Spoke network using dark fiber or a managed Lit network and we can provide dedicated internet links, Layer 2 connectivity. • How else can we help the city of Wasco?
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9 Thank you for your time!
Questions?

CONTACT US
Jerry Stevens
Outside Plant Director
Business Cell: (559) 244-9862
Personal Cell: (727) 455-9666
[email protected]
12 /2 1/2023
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49752160.1

MASTER ENCROACHMENT AGREEMENT
THIS MASTER ENCROACHMENT AGREEMENT, (“Agreement”) is made this 16th day of November 2023, by and between unWired Broadband, LLC , hereinafter referred to as “Grantee,” and the City of Wasco, hereinafter referred to as the “City.”
WHEREAS, Grantee desires to encroach on all public street(s) and/or street right(s) of way and/or public utility easements (hereinafter collectively “ROW”) under City’s jurisdiction for the purpose of constructing and installing a fiber -to-the-premises inf rastructure network (hereinafter “FTT P Network”) and the parties wish to memorialize any such permission and conditions through this Agreement rather than individual permits or approvals; and
WHEREAS, the City is willing to exercise its authority in accord ance with applicable law to grant the Grantee non-exclusive, revocable (subject to applicable law) permission to encroach on the ROW in the locations approved by the City pursuant to plans approved for the purposes described in this Agreement.

NOW, THEREFORE, the parties agree as follows:

1. P ermission to Encroach. Upon the approval of specific construction plans by the City , the City hereby grants the Grantee permission to encroach at the locations described in construction plans in accordance with this Agreement. Encroachments are for the purpose of constructing and/or erecting, installing, maintaining, operating and if necessary, removing an FTT P Network and related facilities. The FT TP Network may consist of aerial or underground fiber optic cabl es, lines, or strands; underground conduits, vaults, access manholes and handholes; electronic equipment; power generators; batteries; pedestals; boxes; cabinets; huts; and other similar facilities (hereinafter “Network Facilities”). A general route and pr oposed design of Grantee’s FTT P Network is attached as Exhibit A. Grantee understands and agrees that, notwithstanding any language in this Agreement to the contrary, the City grants permission only to the extent authorized by law and the terms of the conv eyance of the right-of-way, fee, easement, or other property interest to the City in the ROW or public street. Nothing in this Agreement shall constitute or create an assignment to Grantee by the City of any easement or license held by the City or of any rights under any easement or license held by the City. Nothing herein contained shall be construed to confer on Grantee an exclusive right to encroach on ROW or public streets or confer any rights to any third party. This Agreement also does not grant usage of City poles or conduits by the Grantee. 105 of 114

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2. Pre-Existing Interests. This Agreement and the rights granted hereto are subordinate and subject to the City’s continuing right to use and control the ROW in accordance with the law of the State (as hereinafter defined). Nothing in this Agreement shall be interpreted to restrict, impair, or affect the City ’s right to construct, install, operate, maintain, repair, or remove roadways, sewers, water pipes, storm drains, gas pipes, utility poles, overhead and underground electric lines, and any other associated facilities or utility and municipal uses.

Grantee’s rights are subject to all pre -existing easements, restrictions, conditions, covenants, claims of title and other property interests in the R OW. Grantee shall obtain any permission or rights necessary to accommodate such pre-existing property interests.

3. Permits. G rantor hereby agrees that to the extent that Grantee is required to obtain any permits in connection with the construction and maint enance of the Network Facilities, the City shall (i) facilitate the expedited approval of such permits and (ii) waive any fees or other costs associated with such permit approval process or the issuance of any permits.

4. Grantee’s Obligations. The
Grantee, its contractors, employees, agents, successors, and assigns shall:
(a) ta ke commercially reasonable steps to ensure that any activity or operation by Grantee will not interfere with, damage, disrupt, or interrupt any utility located in the ROW, above or below ground; (b) notify the City at least three (3 ) business days before commencing work at a City ROW location and at least two (2) days before work begins, take reasonable steps to notify residents of buildings in the area of the affected ROW that work will be performed. Grantee shall not begin work until approval to proceed has been provided by the City. Approval may be provided through electronic mail and shall not be unreasonably withheld. Approvals will be provided by a representative designated by the City and if such representative does not respond within ten (10) business the City shall be deemed to have approved such work; (c) provide proper traffic control devices in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways (“MUTCD”), including but not limited to signs, signal lights, and flagmen for the protection of traffic and amendments or supplements thereto during any installation or maintenance of the Network Facilities pursuant to this Agreement; Grantee shall provide at least five (5) business days’ notice to the City of any work which will require lane closure or traffic control meas ures lasting more than twenty-four hours; Grantee shall follow all federal, state, and local accessibility regulations, including the MUTCD and the Americans with Disabilities Act;
(d) install, operate, repair and maintain the Network Facilities at Grantee’s sole cost and expense and in accordance with federal, state, and local law. Construction, installation, operation, and maintenance of Network Facilities shall not permanently materially endanger, inhibit, prevent, or interfere (i) 106 of 114

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with use of a ROW as a wa y of passage, (ii) with traffic on any ROW, (iii) with the maintenance of any ROW, (iv) with operation or maintenance of any City-owned infrastructure located within or adjacent to the ROW, including but not limited to electric lines or poles, underground fiber, and water or sewer lines, or (v) with operation or maintenance of any other infrastructure or equipment lawfully located within the ROW; (e) in the event Grantee damages any existing gas, electric, communications, water, sewer, or other utility facilities, Grantee shall immediately cease work and notify the City and the affected utility company of the damage. Grantee will not resume work where damage has occurred until the City determines that the danger to the public and the utility facilities has been eliminated; (f) repair any damage to the ROW, all City-owned infrastructure, and all other areas materially disturbed during installation, operation, repair and maintenance of the Network Facilities, including but not limited to pavement, sidewalk, curb and gutter, drainage systems, signs, pavement markings, underground fiber, utility poles, electric lines, and water or sewer lines, and shall restore same to the condition existing prior to Grantee’s disturbance, re -establishing grass cover with seeding and spreading of straw for finishing, all to the City’s reasonable satisfaction which shall be based on the industry standards for such activity; (g) comply with all City ordinances, rules, and regulations regarding stormwater discharge and soil erosion and sedimentation control;
(h) reimburse City for any reasonable, out-of-pocket costs or expenses of City for any repairs or maintenance to the ROW, any City -owned infrastructure, or other City -owned structures r esulting from or related to Grantee’s gross negligence or willful misconduct in performing the installation, operation, maintenance, repair, or existence of the Network Facilities following receipt of invoices from the City detailing those costs and/or expenses, including supporting documentation evidencing them, if requested and available; (i) in the event that City , its employees, agents, or contractors, in City ’s reasonable discretion, need to conduct work in the ROW for a legitimate governmental purpose that will conflict with the Network Facilities, Grantee shall within a commercially reasonable time, remove or alter the Network Facilities at Grantor’s cost so long as the Grantor uses commercially reasonable efforts not to interfere or damage the Network Facilities and provides written notice of such requirement to Grantee . In the event of a public emergency that creates an imminent threat to the health, safety, or property of the City or its residents, the City may remove or relocate any applicable Network Facilities without notice to Grantee, provided, however, that City will make best efforts to provide prior notice to Grantee before making an emergency removal or relocation. City will provide Grantee a detailed description of any emergency removals or relocations of Network Facilities. If Grantee abandons any portion of its Network Facilities, Grantee shall notify the City and remove the Network Facilities at 107 of 114

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Grantee’s expense, provided, however, that City and Grantee shall discuss whether underground facilities may be abandoned in place or transferred to City at the mutual agreement of Grantee and City; (j) understand and agree that damage or destruction may occur to Network Facilities and other property of Grantee in the course of City’s operations and that City has no obligation to take extraordinary measures to protect Grantee, Grantee’s property, or Network Facilities or to minimize, mitigate, or avoid any such damage; and release, waive, and discharge any legal rights or claims to seek payment or relief of any kind from the City , its elected officials, boards, commissions, and employees, for any damages resulting from City ’s operations, maintenance, or other use of the ROW under its prior and continuing right to use the ROW; (k) understand and agree that permission provided by this Agreement is non -exclusive, that additional encroachments by others may currently exist and be permitted in the future in the ROW (“Third Party Encroachments”), and that City is not liable for any damage to Network Facilities that arise from the installation, operation, maintenance, or existence of Third Party Encroachments; and that any recourse for such damage must be from the Third Party Encroacher;
(l) release, waive, and discharge any legal rights to seek payment or relief of any kind from the City, its elected officials, boards, commissions, and employees, for any damages due to or resulting from Third Party Encroachments; hold the City, its officers, employees, and elected officials harmless from any and all liability arising out of the construction, installation, maintenance, repair, or exis tence of the Network Facilities and associated restoration activities in the ROW; that it will defend the City , its officers, employees, and elected officials, and pay reasonable attorney fees in any and all actions brought as a result of such; and that it will indemnify the City, its officers, employees, and elected officials against any and all loss sustained by reason of negligence, recklessness, or intentional wrongful conduct of Grantee arising out of the installation, maintenance, operation, repair, removal, location, or existence of Network Facilities, provided, however, that indemnification relating to personal injury of employees will not apply to any claims made by City’s employees that are covered under applicable workers’ compensation laws, and p rovided, further, that Grantee’s indemnification obligations and release shall not extend to liability to the extent caused by the negligence or willful misconduct of any indemnitee or its employees, agents, contractors or invitees; (m) comply with all applicable Federal, State, and local laws and regulations; and (n) maintain valid general liability insurance in the combined single limit (bodily injury a nd property damage) amount of $3,000,000 general aggregate, commercial automobile liability insur ance in the minimum amount of $1,000,000, and provide certificates of such insurance naming the City of [__________] as an additional insured by endorsement to the policies. Grantee shall maintain an umbrella excess policy in the minimum amount of $3,000,000 over prim ary insurance. Additionally, Grantee shall maintain and show proof of 108 of 114

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workers’ compensation within state statutory limits and employer’s liability insurance in the minimum amount of $1,000,000.

Notwithstanding the foregoing, neither the requirement of Gran tee to have sufficient insurance nor the requirement that the City is named as an additional insured, shall constitute waiver of the City ’s governmental immunity in any respect, under state law. All insurance certificates, endorsements, coverage verifications and any other items required pursuant to this Agreement will be sent directly to:
__ City of Wasco to fill out information here _____
_________________________
_________________________

4. A s -Built Maps . Grantee will maintain accurate as -built drawings and maps of its Network Facilities located in the City and provide them to the City upon request and subject to applicable confidentiality protections under the laws of the State.

5. Required Relocation. In t h e event Grantee’s Network Facilities would interfere with the City ’s use of the ROW for a legitimate governmental purpose, including but not limited to, construction or installation of water, sewer, or electric lines, or construction/relocation of a publi c road, Grantee will, upon written no tice from the City, relocate its Network Facilities at Grantee’s expense to another location in the public ROW as may be agreed upon by the Parties. Relocation shall occur within a commercially reasonable time period after receiving notice from the City, taking into account the urgency of the need for relocation, the difficulty of the relocation, and other relevant facts and circumstances. Notwithstanding the foregoing, City may not require Licensee to relocate or remove its Network Facilities with less than one hundred and eighty (180) days’ notice except in the event of an emergency as described in this Agreement.

6. Contractors and Subcontractors. Grantee may retain contractors and subcontractors to perform the work contemplated by this Agreement on behalf of Grantee. Grantee will notify the City in writing of the identity of and contact information for each contractor and subcontractor performing any work for the Grantee in the City prior to commencement of the work by the contractor or subcontractor. The contact information to be provided to the City shall include the contractor’s state license information and the name and telephone number of the contractor/subcontractor representative with supervisory authority of the work.

7. Term.

This Agreement is effective on the date the last party to sign executes this Agreement (“Effective Date”). The initial term will be twenty (20) years from the Effective Date. At the end of the initial term, the Agreement shall automatically renew for successive five-year terms unless terminated by either party in accordance with this Agreement or unless superseded by a new or amended agreement. Grantee may terminate this Agreement for convenience upon one hundred eighty (180) days written notice to the other party. In the event of 109 of 114

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termination of this Agreement, the Agreement will nevertheless continue to govern any construction plans approved by the City and that are Exhibits to this Agreement prior to the effective date of termination.

8. N otice. Notices related to this Agreement shall be sent to Grantee at the following email addresses and fax numbers: [559 -432-2315], with a copy to [ps [email protected] ], and fax number for notice is [559-432- 2315]. Mailed notices, if required, will be sent to Grantee at:

UnWired Broadband, LLC
Pe
ter L Sorenson, CEO
215 W Fallbrook Ave, Suite 203
Fresno, Ca 93711
Notices to the City shall be sent to:

___City of Wasco_____________
____Please fill out address _____
___________________________
Notices are effective when delivered in person, upon confirmation of receipt when sent by facsimile or electronic mail, on the next business day if transmitted by registered or certified mail, postage prepaid (with confirmation of delivery), on the next business day if transmitted by overnight courier (with confirmation of delivery), or five (5) days after the date of mailing, whichever is earlier.

9. U tility Poles. Notwithstanding any City ordinance or regulation to the contrary or anything to the contrary set forth in this Agreement, the City hereby approves of Grantee’s right, in Grantee’s sole discretion, to place new fiber optic cables on existing utility poles, including poles constructed and/or maintained by Pacific Gas and Electric (“PG&E”) or to construct new utility poles for the fiber optic cables. If PG&E someday elects to bury the PG&E lines and remove the existing poles, then Grantor shall be required to bury its lines at its cost after receipt of written notice from PG&E. Furthermore, during any time that PG&E is repairing or replacing existing lines, Grantor shall have the opportunity to construct temporary poles.

10. Recitals. T
he Recitals are incorporated herein.

11. Governing Law. This Agreement shall be governed by the laws of the Sta te of California (the “State”) and the parties agree that the proper venue for all suits or actions related to Agreement shall be in Fresno County, California.

12. Assignment. Except as set forth below, neither party may assign or transfer its rights or obligations under this Agreement, in whole or part, to a third party, without the written consent of the other party. Any agreed upon assignee will take the place of the assigning party, and the assigning party will be released from all of its rights and obligations upon such assignment. Notwithstanding the foregoing, Grantee may at any time, on written notice to City, assign this Agreement and/or any or all of its rights and obligations under this Agreement to: (a) any Affiliate (as defined 110 of 114

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below) of Grantee; (by any purchaser of all or substantially all of Grantee’s Network Facilities in City; and (c) any successor in interest of Grantee’s business operations in City in connection with any merger, acquisition, or similar transaction. “Affiliate” means any Person that now or in the future controls, is controlled with or by, or is under common control with Grantee; and “control” means the ownership, directly or indirectly of 50% or more of the voting power to elect directors thereof or 50% or more ownership interest in such Person, or the power to direct the management of such Person. “Person” means any individual, corporation, partnership, limited liability company, trust, joint stock company, business trust, unincorporated association, joint venture, governmental authority or other entity.

13. M
iscellaneous .
(a) Neither party waives any rights it may have under applicable law with respect to the subject matter in this Agreement and no breach or non-performance of this Agreement shall be deemed to be waived by either party unless said breach or non-performance is waived in writing and signed by the parties. (b) There are no third party beneficiaries to this Agreement. (c) The individual signing this Agreement warrants that he/she has the authority to do so and binds the Grantee to the obligations set forth herein.
(d) Grantee acknowledges that records in the custody of City are public records and subject to public records requests unless such records are exempt from disclosures under State law. The burden of claiming an exemption from disclosure shall rest solely with Grantee and Grantee shall comply with the law of the State in asserting any such exemption. The City shall make reasonable efforts to notify Grantee of any requests made for disclosure of documents submitted under any claim of exemption from public records requests, and Grantee may take any appropriate actions, at its own expense, to prevent disclosure of such material. (e) Nothing contained in this Agreement shall be deemed or construed so as to restrict or inhibit the City’s police powers or regulatory authority.
(f) No elected official, agent, or employee of the City shall be subject to any personal liability by reason of the execution of this Agreement. Such elected officials, agents, or employees shall be deemed to execute this Agreement in their official capacities only, and not in their individual capacities. (g) Should any portion of this Agreement require judicial interpretation, it is agreed that the Court or Tribunal construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any one party by reason of the rule of construction that a document is to be more strictly construed against the party who prepared the documents.
(h) This Agreement represents the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral, and may only be amended only by written amendment in a writing signed by the both parties.
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(i) In the event of conflict between the requirements of this Agreement, the City’s ordinances, or the terms of any applicable construction plans, the more restrictive requirement shall apply. (j) The Encroachment shall not be enlarged or increased beyond that shown in any individual approved construction plans.
(k) Grantee binds itself, its successors, permitted assigns and legal representatives to the terms of this Agreement. In the event Grantee retains subcontractors to perform a ny activities covered by this Agreement, Grantee shall be and remain responsible for all activities and all required insurance. All entities performing the work must be licensed in the State and bonded contractors. (l) Notwithstanding anything to the contrary set forth in this Agreement, neither Grantor nor Grantee shall be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages in connection with this agreement. The parties acknowledge that this limitation will be subject to and may be limited by applicable State law.
[The Remainder of This Page Intentionally Left Blank; Signatures Follow]

IN WITNESS WHEREOF, each of the parties to this Agreement has caused the same to be executed in the day and year first above written.

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GRANTEE

By: ________________________
Name: Peter L. Sorenson
Title: CEO
unWired Broadband, LLC

CITY OF WASCO

____________________________
____________________________

By: _________________________

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49752160.1
EXHIBIT “A”

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Wasco City CouncilSeptember 17, 2024

Wasco City Council
September 17, 2024