AGENDA
WATERFORD CITY COUNCIL - REGULAR MEETING
WATERFORD CITY HALL, CITY COUNCIL
CHAMBERS 101 “E” STREET, WATERFORD, CA
CALL TO ORDER &
FLAG SALUTE: Mayor Aldaco
INVOCATION: Pastor Greg Perkins, First Southern Baptist Church ROLL CALL:
Mayor: Jose Aldaco
Vice Mayor: Joseph Ewing, III
Council Members: Jamie Hilton, Jill Kitchens, Elizabeth Talbott ADOPTION OF AGENDA:
A member of the City Council motions to accept the items on the agenda for consideration as presented, or motions for any additions, including emergency items, or items pulled from consideration.
CONFLICT OF INTEREST DECLARATION:
Declaration by City Council members who may have a direct Conflict of Interest on any scheduled agenda item to be considered.
1. 1a: PRESENTATION: Recognition of Carlos Garcia for 20 Years of Service to the City of Waterford.
2. This is the portion of the meeting specifically set aside to invite public comments regarding any matters not appearing on the agenda and within the jurisdiction of the City Council or the Successor Agency. Individual audience participation is limited to a maximum of 5 minutes. We encourage you to share your name and address or submit a speaker card to the City Clerk.
3. All Matters listed under the Consent Calendar are considered routine by the Council and will be adopted by one action of the Council unless any Council Member desires to discuss any item or items separately. In that event, the Mayor will remove that item from the Consent Calendar and action will be considered separately.
3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Adopting Resolution 2022-56, Approving the Warrant Register in the Amount of $332,988.31 for the Period of October 17 to November 1, 2022. 3c: MOTION: Approving Minutes of the Regular City Council Meetings held October 20, 2022.
WATERFORD CITY COUNCIL REGULAR MEETING – November 17th, 2022 - 6:30 PM
COMMUNICATIONS FROM THE AUDIENCE
PRESENTATIONS
ADOPTION OF CONSENT CALENDAR
3d: MOTION: Accepting the Treasurer’s Report for the Quarter Ended September 30, 2022.
4. 4.
4a: ORDINANCE: Second Reading and Adoption of Ordinance 2022-03 Amending Waterford Municipal Code Title 15, Entitled “Building and Construction,” Chapter 15.04 Entitled “California Building Codes,” by Amending Sections 15.04.010 and 15.04.020. (Pitcock)
5. 6.
6a: MOTION: Authorizing the Release of Request for Proposal for Professional Auditing of the City’s Annual Financial Statements. (Envia)
6b: RESOLUTION: Approving Resolution 2022-57, The City Council of the City of Waterford Approving the First Amendment to Intergovernmental Cooperation Agreement. (Statzer)
7. 8.
8a: City Project List
9. 9a: City Staff
9b: City Council
10. 11.
11a: "CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION" (Pursuant to Government Code Section 54956.9(b))
12. CLOSED SESSION
ADJOURNMENT / RECESS
STAFF/COUNCIL COMMENTS AND MEETING REPORTS
INFORMATIONAL ITEMS
SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY
GENERAL BUSINESS
FINAL READINGS
REPORT OUT OF CLOSED SESSION
PUBLIC HEARINGS
NOTICE
REPORTS: Copies of the staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection at the front counter at City Hall during normal business hours.
COMMUNICATIONS FROM THE AUDIENCE: If you wish to address the City Council or the Successor Agency on any item not on the printed agenda, prior to the start of the meeting, or prior to addressing the City Council or the Successor Agency, complete and submit a speaker card and deliver it to the City Clerk. (Please note, speaker cards are not required, however completing a speaker card enables staff to better follow up with you later, if necessary and attribute your comments to you in the minutes of the meeting). When the Mayor calls for “Communications from the Audience,” stand or raise your hand and the Mayor will ask you to approach the podium and state your name and city of residence. It is the policy of the City Council that they will not act on any matter not appearing on the posted agenda. The purpose of the discussion is to permit a member of the public to raise an issue or problem and to permit the City Council to ask questions for clarification of the issue or problem, provide information to the public, provide direction of the City Staff, or schedule the matter for a future meeting. Please hold all comments to five (5) minutes.
PUBLIC COMMENTS RELATED TO AN ITEM ON THE PRINTED AGENDA: Members of the public are entitled to directly address the City Council or the Successor Agency concerning any item that is described on the agenda during consideration of that item. If during a public hearing, the Mayor will direct when the hearing has opened for public comment. If you wish to address the City Council or the Successor Agency on any item listed on this agenda, please complete a speaker card and deliver it to the City Clerk prior to discussion of that item. (Please note, speaker cards are not required, however completing a speaker card enables staff to better follow up with you later, if necessary and attribute your comments to you in the minutes of the meeting.) When your name is called proceed to the podium and state your name and city of residence.
WRITTEN MATERIAL INTRODUCED INTO THE RECORD: Citizens wishing to introduce written material into the record at the public hearing on any item are requested to provide a copy of the written material to the City Clerk prior to the public hearing date and/or prior to the opening of the public hearing so that the material may be distributed to the City Council prior to the public hearing.
NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
LIVE AND ON-DEMAND VIDEO RECORDINGS OF THE CITY COUNCIL/SUCCESSOR AGENCY: The meeting of the Waterford City Council/Successor Agency can be watched live and on-demand from the City’s website at www.cityofwaterford.org.
AMERICANS WITH DISABILITIES ACT (ADA): In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disabilityrelated modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (209) 874-2328 ext. 101 or email:
[email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting General Information: The Waterford City Council meets on the 1st and 3rd Thursdays of each month at 6:30PM., unless otherwise noticed.
Council Agenda’s: Copies of City Council Agenda and agenda related writings or documents will be made available for public inspection at the front counter at City Hall located at 101 “E” Street, Waterford, CA 72 hours prior to the meeting, or at the time of the scheduled meeting. 11/7/2022
_________________________________________
Patricia Krause, CMC, City Clerk Date
Presentations 1a
November 17, 2022
Patricia Krause, Administrative Services Director/City Clerk City Council Staff Report
Presentation: Recognition of Carlos Garcia for 20 Years of Service to the City of Waterford
SUMMARY:
Mayor Adlaco will recognize Carlos Garica for 20 years of service to the City of Waterford.
ANALYSIS:
Mayor Adlaco will recognize Carlos Garica for 20 years of service to the City of Waterford.
FISCAL IMPACT:
N/A
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
N/A
ATTACHMENTS:
N/A
CERTIFICATE OF APPRECIATION
In Recognition of your Outstanding Service and Dedication Carlos Garcia
20Years
Is hereby awarded this Certificate of Appreciation for exemplary efforts and accomplishments which have been of great value to the community and to the City of Waterford and which have helped to further the common goal of making our City a better place in which to live
Presented On this 17th Day of November, 2022
Jose M. Aldaco Michael Pitcock
Mayor City Manager
Consent Calendar 3a
November 17, 2022
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Motion: Waive Readings of Ordinances and Resolutions, Except by Title.
SUMMARY:
It is recommended that the City Council approve the waiver of readings of Ordinances and Resolutions, except by title.
ANALYSIS:
Pursuant to California Government Code §36934, approval of the waiver of readings will allow Ordinances and Resolutions to be introduced by title only and acted upon without the need to read the entire text of the item into the public record. The documents related to proposed Ordinances and Resolutions are available for review by the public on the City’s website and in the City Clerk’s office at City Hall.
FISCAL IMPACT:
N/A
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Direct the City Clerk to read the entire text of resolutions and ordinances prior to approval and adoption.
2. Take no action.
ATTACHMENTS:
N/A
Consent Calendar 3b
November 17, 2022
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Resolution: Adopting Resolution 2022-56, Approving the Warrant Register in the Amount of $332,988.31 for the Period of October 17 to November 1, 2022.
SUMMARY:
Consider approving the Warrant Register for the period of October 17 to November 1, 2022.
ANALYSIS:
As per Government Code Section §41004, a listing of all payments the City has made for goods and services need to be approved by City Council on a regular basis. This Warrant Register includes payments and payroll made for the period of October 17 to November 1, 2022.
FISCAL IMPACT:
Payments for this period total $332,988.31.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Take no action.
2. Provide staff with further direction.
ATTACHMENTS:
• Resolution #2022-56
• Check Register Report
WATERFORD CITY COUNCIL
DATE TOTAL
PAYROLL 10/17/2022 $ 33,903.49
10/31/2022 $ 34,183.73
ACCOUNTS PAYABLE 10/17/2022 $ 18,126.59
10/18/2022 $ 148,037.67
10/31/2022 $ 17,911.17
11/1/2022 $ 80,825.66
TOTAL $ 332,988.31
Passed and Adopted by the City Council of Waterford at a regular meeting held on By the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PATRICIA KRAUSE, CMC, CITY CLERK JOSE M. ALDACO, MAYOR
RESOLUTION 2022-56
RESOLUTION # 2022-56
November 17, 2022
The City of Waterford does hereby reserve, determine and order as follows:
SECTION 1: That in accordance with Section 37202 of the Government Code that the City Manager hereby certifies to the accuracy of the following demands and the availability of funds for the payment thereof.
SECTION 2: That the following claims and demands are subject to audit as required by law, and that the same are hereby set forth.
User:
Printed: 10/17/2022 - 11:56AM
'trish'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00017.10.2022
Check Date Check Number Employee No Employee Name Amount 10/17/2022 0 1002 3,211.00
10/17/2022 0 1006 1,352.97
10/17/2022 0 1008 2,019.88
10/17/2022 0 1011 1,399.76
10/17/2022 0 1017 1,200.90
10/17/2022 0 1018 698.51
10/17/2022 0 2004 2,002.28
10/17/2022 0 2005 2,345.26
10/17/2022 0 2006 2,832.82
10/17/2022 0 2007 1,532.43
10/17/2022 0 2010 636.44
10/17/2022 0 2012 2,053.99
10/17/2022 0 2020 4,149.37
10/17/2022 0 2023 1,687.55
10/17/2022 0 2024 1,716.82
10/17/2022 0 2028 1,457.41
10/17/2022 0 2030 1,439.48
10/17/2022 0 2031 1,527.06
10/17/2022 0 3004 134.93
10/17/2022 0 3010 125.58
10/17/2022 0 3011 126.35
10/17/2022 0 3012 126.35
10/17/2022 0 3013 126.35
Total Employees: Total: 23 33,903.49
PR- ACH Check Register (10/17/2022 - 11:56 AM) Page 1
User:
Printed: 10/31/2022 - 10:34AM
'trish'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00031.10.2022
Check Date Check Number Employee No Employee Name Amount 10/31/2022 0 1002 3,211.00
10/31/2022 0 1006 1,096.04
10/31/2022 0 1008 2,018.94
10/31/2022 0 1011 723.08
10/31/2022 0 1017 1,200.90
10/31/2022 0 1018 1,149.08
10/31/2022 0 2004 1,993.87
10/31/2022 0 2005 2,028.72
10/31/2022 0 2006 2,832.82
10/31/2022 0 2007 2,961.55
10/31/2022 0 2010 713.50
10/31/2022 0 2012 2,053.99
10/31/2022 0 2020 4,016.73
10/31/2022 0 2023 1,680.88
10/31/2022 0 2024 1,810.88
10/31/2022 0 2028 1,237.16
10/31/2022 0 2030 1,343.07
10/31/2022 0 2031 1,471.96
10/31/2022 0 3004 134.93
10/31/2022 0 3010 125.58
10/31/2022 0 3011 126.35
10/31/2022 0 3012 126.35
10/31/2022 0 3013 126.35
Total Employees: 23 Total: 34,183.73
PR- ACH Check Register (10/31/2022 - 10:34 AM) Page 1
User:
Printed: 10/17/2022 - 3:13PM
trish
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00017.10.2022
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 105201 BANK OF THE WEST (IRS TAXES) Check Sequence: 1 ACH Enabled: True PR Batch 00017.10.2022 Federal Income Tax 4,408.59 10/17/2022 1010-000-2220 PR Batch 00017.10.2022 Federal Income Tax PR Batch 00017.10.2022 Medicare Employee Portion 698.16 10/17/2022 1010-000-2240 PR Batch 00017.10.2022 Medicare Employee Portion PR Batch 00017.10.2022 Medicare Employer Portion 698.16 10/17/2022 1010-000-2240 PR Batch 00017.10.2022 Medicare Employer Portion PR Batch 00017.10.2022 FICA Employee Portion 120.35 10/17/2022 1010-000-2240 PR Batch 00017.10.2022 FICA Employee Portion PR Batch 00017.10.2022 FICA Employer Portion 120.35 10/17/2022 1010-000-2240 PR Batch 00017.10.2022 FICA Employer Portion Check Total: 6,045.61
Vendor: 108350 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT Check Sequence: 2 ACH Enabled: True PR Batch 00017.10.2022 CALIFORNIA SDI 440.87 10/17/2022 1010-000-2260 PR Batch 00017.10.2022 CALIFORNIA SDI PR Batch 00017.10.2022 State Income Tax 1,484.81 10/17/2022 1010-000-2230 PR Batch 00017.10.2022 State Income Tax PR Batch 00017.10.2022 EDD TRAINING TAX 1.47 10/17/2022 1010-000-2260 PR Batch 00017.10.2022 EDD TRAINING TAX PR Batch 00017.10.2022 STATE UNEMPLOYMENT 22.38 10/17/2022 1010-000-2260 PR Batch 00017.10.2022 STATE UNEMPLOYMENT Check Total: 1,949.53
Vendor: 139400 PUBLIC EMPLOYEE RETIREMENT SYSTEM Check Sequence: 3 ACH Enabled: True PR Batch 00017.10.2022 EMPLOYEE PERS CONTRIBUTION 3,300.91 10/17/2022 1010-000-2270 PR Batch 00017.10.2022 EMPLOYEE PERS CONTR PR Batch 00017.10.2022 EMPLOYER PAID PERS 4,360.62 10/17/2022 1010-000-2270 PR Batch 00017.10.2022 EMPLOYER PAID PERS Check Total: 7,661.53
Vendor: 148050 STATIONARY ENGINEERS LOCAL 39 Check Sequence: 4 ACH Enabled: False PR Batch 00017.10.2022 UNION DUES 271.81 10/17/2022 1010-000-2290 PR Batch 00017.10.2022 UNION DUES Check Total: 271.81
Vendor: 154101 VANTGEPOINT TRANSFER AGENTS Check Sequence: 5 ACH Enabled: False PR Batch 00017.10.2022 DEFERRED COMP-457 920.00 10/17/2022 1010-000-2280 PR Batch 00017.10.2022 DEFERRED COMP-457 PR Batch 00017.10.2022 DEFERRED COMP 457 - % 781.09 10/17/2022 1010-000-2280 PR Batch 00017.10.2022 DEFERRED COMP 457 - % PR Batch 00017.10.2022 DEFERRED COM-457 - EMPLOYER PD 213.02 10/17/2022 1010-000-2285 PR Batch 00017.10.2022 DEFERRED COM-457 - EM PR Batch 00017.10.2022 457 LOAN REPAY 284.00 10/17/2022 1010-000-2280 PR Batch 00017.10.2022 457 LOAN REPAY AP-Computer Check Proof List by Vendor (10/17/2022 - 3:13 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 2,198.11
Total for Check Run:
Total of Number of Checks:
18,126.59
5 AP-Computer Check Proof List by Vendor (10/17/2022 - 3:13 PM) Page 2 Trish 10/18/22
User:
Printed: 10/31/2022 - 12:08PM
trish
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00031.10.2022
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 105201 BANK OF THE WEST (IRS TAXES) Check Sequence: 1 ACH Enabled: True PR Batch 00031.10.2022 Federal Income Tax 4,403.25 10/31/2022 1010-000-2220 PR Batch 00031.10.2022 Federal Income Tax PR Batch 00031.10.2022 Medicare Employee Portion 700.12 10/31/2022 1010-000-2240 PR Batch 00031.10.2022 Medicare Employee Portion PR Batch 00031.10.2022 Medicare Employer Portion 700.12 10/31/2022 1010-000-2240 PR Batch 00031.10.2022 Medicare Employer Portion PR Batch 00031.10.2022 FICA Employee Portion 120.35 10/31/2022 1010-000-2240 PR Batch 00031.10.2022 FICA Employee Portion PR Batch 00031.10.2022 FICA Employer Portion 120.35 10/31/2022 1010-000-2240 PR Batch 00031.10.2022 FICA Employer Portion Check Total: 6,044.19
Vendor: 108350 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT Check Sequence: 2 ACH Enabled: True PR Batch 00031.10.2022 CALIFORNIA SDI 438.39 10/31/2022 1010-000-2260 PR Batch 00031.10.2022 CALIFORNIA SDI PR Batch 00031.10.2022 State Income Tax 1,483.05 10/31/2022 1010-000-2230 PR Batch 00031.10.2022 State Income Tax PR Batch 00031.10.2022 EDD TRAINING TAX 2.02 10/31/2022 1010-000-2260 PR Batch 00031.10.2022 EDD TRAINING TAX PR Batch 00031.10.2022 STATE UNEMPLOYMENT 30.71 10/31/2022 1010-000-2260 PR Batch 00031.10.2022 STATE UNEMPLOYMENT Check Total: 1,954.17
Vendor: 139400 PUBLIC EMPLOYEE RETIREMENT SYSTEM Check Sequence: 3 ACH Enabled: True PR Batch 00031.10.2022 EMPLOYEE PERS CONTRIBUTION 3,236.97 10/31/2022 1010-000-2270 PR Batch 00031.10.2022 EMPLOYEE PERS CONTR PR Batch 00031.10.2022 EMPLOYER PAID PERS 4,280.03 10/31/2022 1010-000-2270 PR Batch 00031.10.2022 EMPLOYER PAID PERS Check Total: 7,517.00
Vendor: 148050 STATIONARY ENGINEERS LOCAL 39 Check Sequence: 4 ACH Enabled: False PR Batch 00031.10.2022 UNION DUES 272.70 10/31/2022 1010-000-2290 PR Batch 00031.10.2022 UNION DUES Check Total: 272.70
Vendor: 154101 VANTGEPOINT TRANSFER AGENTS Check Sequence: 5 ACH Enabled: False PR Batch 00031.10.2022 DEFERRED COMP-457 845.00 10/31/2022 1010-000-2280 PR Batch 00031.10.2022 DEFERRED COMP-457 PR Batch 00031.10.2022 457 LOAN REPAY 284.00 10/31/2022 1010-000-2280 PR Batch 00031.10.2022 457 LOAN REPAY PR Batch 00031.10.2022 DEFERRED COMP 457 - % 781.09 10/31/2022 1010-000-2280 PR Batch 00031.10.2022 DEFERRED COMP 457 - % PR Batch 00031.10.2022 DEFERRED COM-457 - EMPLOYER PD 213.02 10/31/2022 1010-000-2285 PR Batch 00031.10.2022 DEFERRED COM-457 - EM AP-Computer Check Proof List by Vendor (10/31/2022 - 12:08 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 2,123.11
Total for Check Run:
Total of Number of Checks:
17,911.17
5 AP-Computer Check Proof List by Vendor (10/31/2022 - 12:08 PM) Page 2
Consent Calendar 3c
November 17, 2022
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Motion: Approving Minutes of the Regular City Council Meeting held October 20, 2022.
SUMMARY:
Consider approving minutes from the October 20, 2022 Regular City Council meeting.
ANALYSIS:
Approve Minutes of the Regular City Council Meeting held on October 20, 2022.
FISCAL IMPACT:
N/A
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Direct the City Clerk to make amendments to the minutes and bring them back for approval at a future City Council meeting.
2. Take no action.
ATTACHMENTS:
• City Council Regular Meeting Minutes of October 20, 2022.
MINUTES
WATERFORD CITY COUNCIL - REGULAR
MEETING WATERFORD CITY HALL, CITY
COUNCIL CHAMBERS 101 “E” STREET,
WATERFORD, CA
MEETING CALLED TO ORDER BY MAYOR ALDACO AT: 6:30 pm
FLAG SALUTE: Mayor Aldaco
ROLL CALL PRESENT:
Mayor Aldaco
Vice Mayor Ewing
Council Member Hilton
Council Member Kitchens
Council Member Talbott
ABSENT: None.
STAFF PRESENT:
Michael Pitcock, City Manager
Corbett Browning, City Attorney
Patricia Krause, City Clerk / Assistant to the City Manager Michael Parker, Police Chief
ADOPTION OF AGENDA:
ACTION: By motion moved and seconded (CM Hilton/ CM Talbott / 5-0) to adopt the Agenda.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
CONFLICT OF INTEREST DECLARATION:
None.
WATERFORD CITY COUNCIL REGULAR MEETING – October 20, 2022 - 6:30 PM
1. 2.
Michelle Finch of the Waterford Parks and Recreation Commission has the Council to consider providing funding for a sensory park.
Mr. Danny Reynolds requested help in securing a location to do a fundraiser for and honor the life of the young Waterford Cheerleader who passed away.
Dana Bright proposed that the Council consider an ordinance that would limit the number of alcohol licenses allowed within the City of Waterford.
3. 3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Adopting Resolution 2022-52, Approving the Warrant Register in the Amount of $1,274,016.72 for the Period of September 7 to October 6, 2022. 3c: MOTION: Approving Minutes of the Regular City Council Meetings held September 15 and October 6, 2022.
ACTION: By motion moved and seconded (VM Ewing / CM Kitchens / 5-0) to removed item 3d for separate consideration and adopt the remaining items on the consent calendar.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
3d: MOTION: Approving the Appointment of Lynn Meshew to the Planning Commission as an Alternate Commissioner, for a Two-Year Term Ending July 2024 by majority vote of the City Council as provided in Waterford Municipal Code Section 2.24.010.
Councilmember Talbott asked for clarification of the ordinance that allowed non-Waterford residents to serve on the Planning Commission.
ACTION: By motion moved and seconded (VM Ewing / CM Kitchens / 4-1) to Approving the Appointment of Lynn Meshew to the Planning Commission as an Alternate Commissioner, for a Two-Year Term Ending July 2024 by majority vote of the City Council as provided in Waterford Municipal Code Section 2.24.010.
AYES: Aldaco, Ewing, Hilton, Kitchens
NAYS: Talbott
ABSENT: None
ABSTAIN: None
Motion passed 4-1.
COMMUNICATIONS FROM THE AUDIENCE
PRESENTATION
ADOPTION OF CONSENT CALENDAR
4. 5.
5a: RESOLUTION: Resolution 2022-53, of the Waterford City Council Regarding Appeal No. 2022- 0001, Reversing the Planning Commission’s Decision and Approving Conditional Use Permit No. 2021-02 and Architectural Site Plan Review No. 2021-03 for the Proposed Arco AM/PM Project, located at 12725 Yosemite Boulevard, APN No. 134-006-013. (Niskanen) Planning Manager Niskanen gave a presentation explaining the parameters of the project.
Mr. Petralakis, representing the developer, explained the benefits of the project.
Public Hearing opened: 6:56 pm
Barbara McCann, the manager of Sports Stop spoke out against the project, stating the town does not need another gas station.
Michael Mays, a tournament fisherman, spoke out against the project, stating the town does not need another gas station.
The spokesman for Chris Smith stated that he would be glad to have a gas station that offers higher grade gasoline and would like to see the lot developed.
Lacy Harris, stated there is no need for another gas station in town, a clothing store would be a better investment for the community.
Mr. Abatar had more petitions to give to the Council if needed and commented if a gas station gets closed down, it costs money to remove the tanks. He also commented that lager corporations are killing of the smaller Mom and Pop stores.
Mr. Rupinder stated that the bigger stores could kill off the smaller stores or there could be more competition and it could be better.
Mr. Singh stated that his family came to Waterford as immigrants and spent their lives building this business and asked that the City look out for the small business owners.
Mr. Petralakis addressed some of the concerns that the citizens were speaking about and acknowledged that it was not an easy decision, but that ultimately the decision for the Council to make was over the use of the land, and if it was within the scope of the zoning, it should be approved.
Dana Bright agreed that the corner needed to be developed, but how would the town look if a number of the smaller businesses had to close and were boarded up? Mr. Abatar stated that the AM/PM would be bringing in more alcohol to the town, which was not needed.
Public Hearing Closed: 7:19 pm
ACTION: By motion moved and seconded (VM Ewing / CM Kitchens / 4-1) to Approve Resolution 2022-53, of the Waterford City Council Regarding Appeal No. 2022-0001, Reversing the Planning Commission’s Decision and Approving Conditional Use Permit No. 2021-02 and Architectural Site Plan Review No. 2021-03 for the Proposed Arco AM/PM Project, located at 12725 Yosemite Boulevard, APN No. 134-006-013.
AYES: Aldaco, Ewing, Hilton, Kitchens
NAYS: Talbott
ABSENT: None
ABSTAIN: None
Motion passed 4-1.
Mayor Aldaco adjourned the meeting for a five minute recess at 7:21 pm Mayor Aldaco resumed the meeting back to order at 7:26 pm.
FINAL READINGS
PUBLIC HEARINGS
5b: ORDINANCE: Introduction and First Reading of Ordinance 2022-03 Amending Waterford Municipal Code Title 15, Entitled “Building and Construction,” Chapter 15.04 Entitled “California Building Codes,” by Amending Sections 15.04.010 and 15.04.020. (Pitcock) Public Hearing Opened: 7:28 pm
Public Hearing Closed: 7:28 pm
ACTION: By motion moved and seconded (CM Talbott / VM Ewing / 5-0) to Approve the Introduction and First Reading of Ordinance 2022-03 Amending Waterford Municipal Code Title 15, Entitled “Building and Construction,” Chapter 15.04 Entitled “California Building Codes,” by Amending Sections 15.04.010 and 15.04.020.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
6. 6a: RESOLUTION: Approving Resolution 2022-54, in Concurrence with the 2021-2022 Consolidation Annual Performance Report (CAPER) and Support of Submission to the U.S.
Department of Housing and Urban Development (HUD). (Statzer).
ACTION: By motion moved and seconded (VM Ewing / CM Talbott / 5-0) to Approve Resolution 2022-54, in Concurrence with the 2021-2022 Consolidation Annual Performance Report (CAPER) and Support of Submission to the U.S. Department of Housing and Urban Development (HUD).
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
6b: MOTION: Awarding Bid and Approving an Agreement with Taylor Backhoe Services, Inc in the Amount of $298,237.60 for Project No. 2022-09, “F Street Pedestrian Improvement Project” and Authorizing the City Manager to Execute the Agreement. (Statzer) ACTION: By motion moved and seconded (VM Ewing / CM Talbott / 5-0) to Award the Bid and Approve an Agreement with Taylor Backhoe Services, Inc in the Amount of $298,237.60 for Project No. 2022-09, “F Street Pedestrian Improvement Project” and Authorizing the City Manager to Execute the Agreement.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
GENERAL BUSINESS
6c: RESOLUTION: Approving Resolution 2022-55, Approving Change Order #1 and Accepting Improvements for Project No. 2022-08, “Pecan Avenue Sewer Repair” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office. (Statzer)
ACTION: By motion moved and seconded (CM Talbott / VM Ewing / 5-0) to Approve Resolution 2022-55, Approving Change Order #1 and Accepting Improvements for Project No. 2022-08, “Pecan Avenue Sewer Repair” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
7. 8.
8a: City Project List
8b: Business License Report – September 2022
9. 9a: City Staff
Chief Parker gave the September crime stats as well as the traffic activity and concerens within town.
Chief Parker updated the Council on the mst recent calls of interest.
City Clerk Krause reminded the Council and citizens of the upcoming Trunk or Treat on October 31st.
City Attorney Browning stated there was no closed session for the evening and gave more clarification to Councilmember Talbott regarding the Ordinance on the Planning Commission.
City Manager Pitcock updated the Counil on the most recent housing meetings he had attending with Stanislaus County as well as a status update on the dog park. 9b: City Council
Vice Mayor Ewing had no comments.
Councilmember Hilton had no comments.
Councilmember Kitchens had no comments.
Councilmember Talbott commented that it would be a great thing if Waterford could provide a Sensory Park to its residents. Mrs. Talbott also stated that she was willing to give up her Trunk or Treat Spot to allow for Mr. Reynolds to do his fundraising. Councilmember Talbott stated she was frustrated over the lack of question and discussion from her fellow Councilmembers over the Appeal Project.
Mayor Aldaco spoke about property rights and how they affect development within the City. Mayor Aldaco also gave an update about the recent StanCOG meeting he had attended and gave his experience of his participation in the “Day in the Life of a Disabled Person” project.
STAFF/COUNCIL COMMENTS AND MEETING REPORTS
INFORMATIONAL ITEMS
SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY
10. ACTION: By motion moved and seconded (VM Ewing / CM Talbott / 5-0) to adjourn meeting at 7:54 pm.
AYES: Aldaco, Ewing, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
11. 11a: "CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION" (Pursuant to Government Code Section 54956.9(b))
12. 12.
PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on November 3, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF WATERFORD:
________________________
Jose M. Aldaco, Mayor
ATTEST:
_________________________
Patricia Krause, CMC, City Clerk
CLOSED SESSION
ADJOURNMENT / RECESS
REPORT OUT OF CLOSED SESSION
Consent Item 3d
November 17, 2022
Tina Envia, Finance Manager
City Council Staff Report
Motion: Accepting the Treasurer’s Report for the Quarter Ended September 30, 2022.
SUMMARY:
Accept the Treasurer’s Report for the Quarter that ended September 30, 2022. The report is provided for informational purposes to keep the City Council informed as to the nature of the City’s investments and cash position.
ANALYSIS:
The City Treasurer is required to report quarterly to the City Council on the status of the cash and investments held by the City of Waterford. Attached is the report for the quarter ended September 30, 2022. Total cash and investments held by the City at September 30, 2022 totaled $9,768,924. The attached report details these amounts by account and Fund. The current investments held by the City of Waterford are in compliance with the Investment Policy and the City has sufficient cash flow to meet the City’s expected expenditures for the next six months.
FISCAL IMPACT:
The report is a disclosure of the cash and investments balance as of September 30, 2022.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Do not accept the Treasurer’s Report. This is not recommended, as Section 53646 of the California Government Code states the Treasurer or Chief Fiscal Officer shall render a report to the City Council and City Manager, at least quarterly, detailing information on all securities, investments and moneys of the City.
2. Provide direction to Staff.
3. Accept the Treasurers Report as presented.
ATTACHMENTS:
• Treasurer’s Quarterly Report for the quarter ended September 30, 2022 Prepared By: Tina Envia
Finance Manager PORTFOLIO Interest Earned Current Prior Quarter FINANCIAL INSTITUTION YIELD PERCENT for the Quarter Balance Balance Bank of the West - Checking 0.00% 39.55% $ - $ 3,863,848 $ 6,965,270Bank of the West - Payroll 0.00% 0.35% $ - $ 34,074 $ 862Chandler Asset ManagementCSJVRMA Investment Pool -2.26% 17.62% $ 5,231 $ 1,720,969 $ 1,715,738State of California - LAIF Funds (PFA) 1.53% 0.74% $ 135 $ 72,219 $ 72,084State of California - LAIF Funds (City) 1.53% 33.29% $ 471 $ 3,252,532 $ 252,061Investments - Bank of the West SEE DETAIL 8.45% $ 5,862 $ 825,282 $ 819,420TOTAL FOR THE CITY OF WATERFORD 100% $ 11,699 $ 9,768,924 $ 9,825,435The current investments held by the City of Waterford are in compliance with the InvestmentPolicy and the City has sufficient cash flow to meet the City's expected expenditures for thenext six months. The current balance represents the market value of the investments for all accounts except for the Investments - Bank of the West which are reflected at cost. Supplemental information is provided concerning the market value of that account.
TREASURER'S QUARTERLY REPORT
September 30, 2022
City of Waterford
Detail Listing of Investments Bank of the West
September 30, 2022
Investment Purchase Date Market Maturity Call Interest Estimated Investment CUSIP Type Par Value Price Purchased Value Date Date Rate YieldLos Angeles County PUB WKS 5.0% 54473EQF4 Municipal Bonds 60,000.00 64,903 3/23/2022 61,348 12/1/2023 5.00% 4.75%Nevada Irr Dist JT Powers 5.0% 641322BJO Municipal Bonds 65,000.00 69,878 3/23/2022 66,635 3/1/2024 5.00% 4.72%Microsoft Fixed Rate 2.375% 594918AT1 Corporate Bonds 100,000.00 102,281 9/1/2017 98,958 5/1/2023 2.38% 2.30%Microsoft Fixed Rate 3.625% 594918AW4 Corporate Bonds 200,000.00 209,310 3/23/2022 198,228 12/15/2023 3.63% 3.53%Alphabet Inc Fxd Rt 3.375% 02079KAB3 Corporate Bonds 165,000.00 171,277 3/23/2022 162,926 2/25/2024 3.38% 3.30%Chevron Corp Fixed Rate 2.895% 166764-BT-6 Corporate Bonds 100,000.00 103,525 9/1/2017 97,795 3/3/2024 2.90% 2.74% Total Investments - Book Value 721,174 685,890Money Market Account 104,108 104,108 825,282 789,998
City of Waterford
Cash Balance By Fund
Treasurers Report 9-30-2022
Fund Fund General/Investments Payroll Laif
Number Description Balance Balance WPFA Total
1010 General Fund 4,879,389 34,074 4,913,463
2005 Special Business Pilot Program 75,704 75,704
2010 Abandoned Vehicle Abatement 10,606 10,606
2030 CDBG Rehab Grant 0 0
2050 Gas Tax 60,987 60,987
2060 Housing Rehab Loans 0 0
2070 HCD Home Program 344,070 344,070
2080 CDBG Consortium (2) (362,190) (362,190)
2091 Impact Fee Admin/Planning 29,187 29,187
2092 Impact Fee City Facilities 0 0
2093 Impact Fee Water 0 0
2100 Impact Fees Due to County 0 0
2110 Impact Fee Drainage 5,863 5,863
2121 Impact Fee Sewer Collection 39,458 39,458
2131 Impact Fee Parks and Rec 205,701 205,701
2151 Impact Fee Police 0 0
2170 Impact Fee Public Works 0 0
2171 Impact Fee Traffic 781,254 781,254
2191 Impact Fee Wastewater 371,424 371,424
2210 Lighting Landscaping District 20,981 20,981
2230 Lighting District 97,735 97,735
2240 CFD 2019-1 (3) (3,017) (3,017)
2270 Local Transportation Fund 8,644 8,644
2330 RDA Obligation Retirement Fund (4) (51,185) (51,185) 4350 Wastewater Improvements (1) (8,502) (8,502)
5050 Wastewater Treatment Plant 267,529 267,529
5070 Riverpoint Water System 76,529 76,529
5071 Waterford Water System 566,300 566,300
5072 Hickman Water System 41,491 41,491
5075 Waterford Water CIP 840,477 840,477
5076 Hickman Water CIP (1) (20,223) (20,223)
5090 Waterford Public Financing Authority 314,150 72,219 386,369 6310 CIP Streets 657,207 657,207
6320 CIP Streets Measure L 363,836 363,836
6580 CIP Parks 49,226 49,226
$ 9,662,631 $ 34,074 $ 72,219 $ 9,768,924
From Summary: $ 9,768,924
Difference - $
(1) Operations will offset shortfalls in CIP reserves.
(2) Grant funds are pending to cover the deficit.
(3) CFD revenues will cover when received in December.
(4) ROPS payment in December will cover shortfall.
Public Hearing 4a
November 17, 2022
Mike Pitcock, City Manager
City Council Staff Report
Ordinance: Second Reading and Adoption of Ordinance 2022-03 Amending Waterford Municipal Code Title 15, Entitled “Building and Construction,” Chapter 15.04 Entitled “California Building Codes,” by Amending Sections 15.04.010 and
15.04.020.
SUMMARY:
The City Council is being asked to Amend the Waterford Municipal Code Ordinance Title 15 entitled “Building and Construction,” Chapter 15.04 entitled “California Building Codes,” by amending Sections
15.04.010 entitled “Definitions” and 15.04.020 entitled “California Building Codes adopted,” and formally adopt the 2022 California Building Codes.
ANALYSIS:
The California Building Codes are reviewed and updated triennially to reflect the latest construction standards and requirements to provide for the health and safety of the public. The City of Waterford ordinance was last updated in December 2019 to reflect the adoption of the 2019 California Building Codes. The 2022 California Building Codes have been adopted by the State of California and will go into effect January 1, 2023. Municipalities, generally, formally adopt the building codes and indicate any modifications they would like to make to the codes. While the California Building Code does allow municipalities to make changes to the codes, any changes shall be more restrictive. A municipality can’t dismiss or choose to reduce standards called for in the California Building Codes.
It is recommended City Council amend Sections 15.04.010 entitled “Definitions” and 15.04.020 entitled “California Building Codes adopted,” to specify the new 2022 California Building Codes. The proposed changes only adopt the 2022 California Building Codes and does not recommend any changes.
FISCAL IMPACT:
The ordinance revision itself does not impact the City financially as the revisions are only adding regulations required by the State of California as it relates to building codes and permitting requirements.
ENVIRONMENTAL REVIEW:
The City finds and determines with certainty that Ordinance 2022-03 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), and that the activity is covered under the general rule that CEQA applies to only projects which have the potential for causing a significant effect on the environment.
PUBLIC NOTICE:
In accordance with the City’s Municipal Code, a Public Notice was published in the Waterford News on October 11, 2022.
ODINANCE REVISION PROCESS:
Ordinance 2022-03 is before the City Council for a public hearing to consider approving the Second Reading and Adoption by title only. After adoption, an Ordinance Summary will be published in the Waterford News and will become effective and in full force on and after thirty (30) days of its passage and adoption.
ALTERNATIVES
1. Not approve the ordinance revision. This is not recommended as the proposed ordinance edits and additions are state mandated requirements.
2. Defer approval of the ordinance to a future council date and provide staff direction on council desired changes.
ATTACHMENTS:
• Ordinance 2022-03
• Public Hearing Notice
ORDINANCE 2022-03
ORDINANCE NO. 2022-03
AN ORDINANCE OF THE WATERFORD CITY COUNCIL AMENDING WATERFORD MUNICIPAL CODE TITLE 15 ENTITLED “BUILDING AND CONSTRUCTION,” CHAPTER
15.04 ENTITLED “CALIFORNIA BUILDING CODES,” BY AMENDING SECTIONS 15.04.010 AND 15.04.020
WHEREAS, the City of Waterford is amending Municipal Code Title 15 entitled “BUILDING AND CONSTRUCTION,” Chapter 15.04 entitled “California Building Codes” by amending Sections
15.04.010 and 15.04.020; and
THE CITY COUNCIL OF THE CITY OF WATERFORD, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 15 entitled “Building and Construction” is hereby amended as follows:
Stricken through text represents deletions to the Waterford Municipal Code, and underlined text represents additions to the Waterford Municipal Code.
TITLE 15
BUILDINGS AND CONSTRUCTION
15.04.010 Definitions.
Certain words and phrases are defined in this section to clarify their use in this chapter and in the California Building Codes. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.
A. “Building official” or “building inspector” means and includes the building official and building inspector of the city and authorized representatives.
B. “Building site” means and includes the land occupied or to be occupied by a structure or accessory structure, together with any minimum distance between buildings and property lines required by this chapter or this code.
C. “Chief” or “chief of the fire department” or “fire chief” means and includes the chief of the Stanislaus Consolidated Fire Protection District and authorized representatives.
D. “Chief of police” or “police department” means and includes the chief of police of the city and authorized representatives.
E. “City” or “jurisdiction” or “municipality” means the city of Waterford.
F. “Code” means and includes, depending upon the context of its use, the Waterford Municipal Code, or any statute, or any published compilation of rules, regulations, or
ORDINANCE 2022-03
standards adopted by the federal government or the state of California, or by any agency of either of them. Code shall include any nationally recognized or approved published compilations or proposed rules, regulations, or standards of any private organization or institution that has been in existence for a period of at least three years.
G. “Fire department” means the Stanislaus Consolidated Fire Protection District.
H. “Health officer” means and includes the county health officer for Stanislaus County and his or her authorized representatives.
I. “Primary code” means and includes any code that is directly adopted by reference, in whole or in part, by this chapter.
J. “Published” means issued in print, lithographed, multigraphed, mimeographed, or similar form.
K. “Secondary code” means and includes any code that is incorporated by reference, directly or indirectly, in any primary code or in any secondary code.
L. “California Administrative Code” means that certain document in book form entitled “California Administrative Code, 2013 2022 Edition,” published by the International Code Council, copyright by California Building Standards Commission.
M. “California Building Code” means that certain document in book form entitled “California Building Code, 2013 2022 Edition,” published by the International Code Council, copyright by California Building Standards Commission. “California Building Code” shall include all appendices thereof.
N. “California Building Code Standards” means that certain document in book form entitled “California Building Code Standards, 2013 Edition California Code of Regulations Title 24, 2022 Edition of the California Buildings Standards Code,” published by the International Code Council, copyright by California Building Standards Commission.
O. “California Building Codes” means and includes all of the following primary codes:
1. 2022 California Administrative Code, Part 1;
2. 2019 2022 California Building Code, Part 2;
3. 2019 2022 California Residential Code, Part 2.5;
4. 2019 2022 California Electrical Code, Part 3;
5. 2019 2022 California Mechanical Code, Part 4;
6. 2019 2022 California Plumbing Code, Part 5;
7. 2019 2022 California Energy Code, Part 6;
ORDINANCE 2022-03
8. 2019 2022 California Fire Code, Part 9;
9. 2019 2022 California Existing Building Code, Part 10;
10. 2019 2022 California Green Building Standards Code (CALGreen), Part 11.
P. “California Fire Code” means that certain document in book form entitled “California Fire Code, 2019 2022 Edition,” published by the International Code Council, copyright by California Building Standards Commission.
Q. “California Fire Code Standards” means that certain document in book form entitled “California Fire Code Standards, 2019 2022 Edition,” published by the International Code Council, copyright by California Building Standards Commission.
R. “California Mechanical Code” means that certain document in book form entitled “California Mechanical Code, 2019 2022 Edition,” published by the International Code Council, copyright by California Building Standards Commission.
S. “California Plumbing Code” means that certain document in book form entitled “California Plumbing Code, 2019 2022 Edition,” published by the California Building Standards Commission.
15.04.020 California Building Codes adopted.
The 2019 2022 California Administrative Code, Part 1; 2019 2022 California Building Code, Part 2; 2019 2022 California Residential Code, Part 2.5; 2019 2022 California Electrical Code, Part 3; 2019 2022 California Mechanical Code, Part 4; 2019 2022 California Plumbing Code, Part 5; 2019 2022 California Energy Code, Part 6; California Historical Building Code, Part 8; 2019 2022 California Fire Code, Part 9; 2019 2022 California Existing Building Code, Part 10; 2019 2022 California Green Building Standards Code (CALGreen), Part 11; and California Referenced Standards Code, part 12.
SECTION 2. AUTHORITY. This ordinance is adopted pursuant to the authority granted by the California Constitution and State law.
SECTION 3. CEQA. This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
ORDINANCE 2022-03
portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. To the extent the provisions of the Waterford Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.
SECTION 6. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of adoption and shall post a certified copy of this Ordinance, including the vote for and against same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
SECTION 7. ENACTMENT: Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Waterford this 20th day of October, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF WATERFORD
Jose Aldaco, Mayor
ATTEST: APPROVED AS TO FORM:
PATRICIA KRAUSE, CMC, City Clerk CORBETT J. BROWNING, City Attorney
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the City Council of the City of Waterford in the Council Chambers at a regular meeting thereof on October 20, 2022 at or about 6:30pm.
The city council will consider and ordinance amending Waterford Municipal Code title 15 entitled “Building and Construction,” Chapter 15.04 entitled “California Building Codes,” by amending Sections 15.04.010 and 15.04.020.
Copies and a complete text of the Ordinance are available at City Hall, 101 E Street, Waterford, CA for review.
The Waterford City Council Chambers are located inside the Waterford Community Center located at 101 E Street, Waterford, CA. For further information, please contact Patricia Krause, City Clerk, at (209) 874- 2328 ext. 101.
Published: October 11, 2022
General Business 6a
November, 17, 2022
Tina Envia, Finance Manager
City Council Staff Report
Motion: Authorizing the Release of Request for Proposal for Professional Auditing of the City’s Annual Financial Statements.
SUMMARY:
The City is required to have an annual audit of the City’s finances. Since 2018 we have been under contract with Badawi & Associates for these services. In order to ensure the City is getting the best value, highest level of service, and independence it is important that we regularly go out to bid for these services.
ANALYSIS:
Staff has been satisfied with our current provider; however, it is important to maintain a professional and independent relationship with our audit firm and also to assure Council that the City is getting the best available financial audit services. Staff has put together a bid request and assembled a list of potential firms. The firms were selected based on those firms used and recommended by other Cities within our area. Upon receipt of the proposals a committee of three staff members will submit a recommendation to City Council for the selection of the audit firm for a five-year term. The selection criteria have been outlined in the RFP.
FISCAL IMPACT:
Our current audit fee for the past five years has ranged from $29,550 to $31,400 annually.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Take no action. This is not recommended as the contract with our current auditor, Badawi & Associates expired with the fiscal year ended June 30, 2022.
2. Request staff to make changes to the RFP and bring back to Council for further consideration.
ATTACHMENTS:
• Request for Proposal Professional Auditing Services Annual Financial Statement Audit
CITY OF WATERFORD
CITY BID NO. 2023-XX
REQUEST FOR PROPOSALS
PROFESSIONAL AUDITING SERVICES
ANNUAL FINANCIAL STATEMENT
AUDIT
Bids Due January 31, 2023 5:00 pm
City of Waterford
101 E Street / P.O. Box 199
Waterford, CA 95386
(209) 874-2328
(209) 874-9656 Fax
2 City of Waterford
Request for Proposals
Professional Auditing Services
Annual Financial Statement Audit
Table of Contents
1. Introduction ………………………………………………………………...….. 3
2. Mailing Instructions ……………..……………………………………………. 3
3. Inquiries ……………………………..…………………………………………. 3
4. Submittal Date …………………………………………………………………. 3
5. Term of Engagement ……………..……………………………………………. 4
6. Subcontracting …………………………………………………………………. 4
7. Nature of Services Required …………………………………………………. 5
8. Description of Government …………………………………………………… 8
9. Time Requirements ………………………..………………………………….. 10
10. Assistance to be Provided to the Auditor and Report Preparation …..……. 11
11. Proposal Requirements …………………………………………………..…… 12
12. Evaluation Procedures ………………………………………………………... 17
13. Appendix A – Proposer Guarantees ………………………………………….. 20
14. Appendix B – Proposer Guarantees ………………………………………….. 21
15. Appendix C – Format for Schedule of Professional Fees and Expenses to Support Total All-Inclusive Maximum Price ……………………………….. 23
16. Appendix D - Sources for Prior Year General Purpose Financial Reports… 24
17. Appendix E - Format for Notification of Interest ……………….………….. 25 3 REQUEST FOR PROPOSALS
PROFESSIONAL AUDITING SERVICES
ANNUAL FINANCIAL STATEMENT AUDIT
INTRODUCTION
The City of Waterford is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal year ending June 30, 2023, and the two subsequent fiscal years thereafter, with an option to extend the contract in oneyear periods, not to exceed a total of two additional fiscal years. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards (1994 edition, with all subsequent amendments), the provisions of the federal Single Audit Act of 1984, as amended in 1996, and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments and NonProfit Organizations.
There is no expressed or implied obligation for the City of Waterford to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.
Copies of the Request for Proposal (RFP) are available at Waterford City Hall, 101 E St, Waterford, CA 95386 or available for download online at www.cityofwaterford.org. For bid packets that are down-loadable from our website, it is your responsibility to check back on the website for any addenda that may have been issued, prior to the bid/proposal due date or you may contact City Hall at 209-874-2328, extension 104.
MAILING INSTRUCTIONS
Tina Envia, Finance Manager
City of Waterford
U.S. Mail: Physical Location:
P.O. Box 199 101 E Street
Waterford CA 95386 Waterford CA 95386
INQUIRIES
Questions pertaining to the RFP and the selection process should be directed to Tina Envia, at her phone number 209-874-2328 ext. 104 or email address, which is [email protected].
SUBMITTAL DATE
Proposals are due no later than 5:00 pm, January 31, 2023, and must be received by that time and date. Proposal postmark dates and times will not be considered as meeting that 4 deadline. Proposers must submit three (3) bound copies of their proposal to the address shown under “Mailing Instructions” above.
The City is not responsible for proposals that are delinquent, lost, mismarked, and sent to an address other than that given above, or sent by mail or courier service. The City reserves the right, after opening the proposals, to reject any or all proposals, or to accept the proposal(s) that in its sole judgment is (are) in the best interest of the City.
Proposals submitted will be evaluated by a three-member committee contemplated to be consisting of the following:
City Manager
Finance Manager
Administrative Services Director
At the Committee or the City’s discretion, the engagement management of firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
The City of Waterford reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Waterford and the firm selected.
It is anticipated the Committee selection of a firm will be completed by February 15, 2023 with City Council approval obtained by March 2, 2023. Following the notification of the selected firm it is expected a contract will be executed between both parties by March 31, 2023.
TERM OF ENGAGEMENT
A three-year contract is contemplated, with two optional one-year renewals, for a total contract term not to exceed five fiscal years, subject to:
• The annual review and recommendation of the Finance Department. • The satisfactory negotiation of terms (including a price acceptable to both the City of Waterford and the selected firm).
• The concurrence of the Waterford City Council.
• The annual availability of an appropriation.
SUBCONTRACTING
Should any firm submitting a proposal consider subcontracting portions of the engagement, that fact must be clearly identified in the proposal along with the name of the proposed subcontracting firms. Following the award of the audit contract, no 5 additional subcontracting will be allowed without the express prior written consent by the Finance Manager of the City of Waterford.
NATURE OF SERVICES REQUIRED
1. General
The City of Waterford is soliciting the services of qualified firms of certified public accountants to audit its financial statements for the fiscal year ending June 30, 2023, and the two subsequent fiscal years thereafter, with an option to extend the contract in one-year periods, not to exceed a total of two additional fiscal years. These audits are to be performed in accordance with the provisions contained in this request for proposals.
2. Scope of Work to Be Performed
The City of Waterford desires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with generally accepted accounting principles.
The auditor is not required to audit the combining and individual fund financial statements and supporting schedules. However, the auditor is to provide an "inrelation-to" report on the combining and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the basic financial statements. The auditor is not required to audit the introductory section of the report or the statistical section of the report, if included.
The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards.
The auditor is not required to audit the schedule of expenditures of federal awards. However, the auditor is to provide an "in-relation-to" report on that schedule based on the auditing procedures applied during the audit of the financial statements.
3. Auditing Standards To Be Followed
To meet the requirements of this request for proposals, the audit shall be performed in accordance with generally accepting auditing standards as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth in the U.S. General Accounting Office's Government Auditing Standards (1994 edition, with all subsequent amendments), the provisions of the Single Audit Act of 1984 as amended in 1996, and the provisions of U.S. Office of Management and Budget (OMB) Circular A-133 Audits of State and Local Governments and Non-Profit Organizations. 6 4. Reports To Be Issued
Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue:
A. A Single Audit Report that states that the audit was made in accordance with the Single Audit Act of 1984, as amended, OMB Circular A-33, and GASB 34. The audit report shall include all reports and certifications required by the Single Audit Act of 1984, as amended, OMB Circular A33, and GASB 34. (The requirement for a Single Audit will be reviewed annually and only performed as required.)
B. A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles, including an opinion on the fair presentation of the supplementary schedule of expenditures of federal wards “in relation to” the audited financial statements.
C. A report on compliance and internal control over financial reporting based on an audit of the financial statements.
D. A report on compliance and internal control over compliance applicable to each major federal program.
E. A report on compliance with specific requirements applicable to nonmajor federal financial assistance programs. (This report may be combined with report number 6.)
F. Separate audit reports on the following State programs (as applicable):
1. Transportation Development Act (TDA)
2. Abandoned Vehicle Abatement (AVA)
G. Others, as requirements change, may be added as additional work, as covered in this RFP by the terms for such work, including RDA and/or its Successors Dissolution requirements.
H. Separate audit reports for the City of Waterford Public Financing Authority Component Unit Financial Statements
In the required reports on compliance and internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements.
Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the reports on internal controls.
The reports on compliance shall include all instances of noncompliance. 7 Irregularities and Illegal Acts. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties:
City Manager
Finance Manager
Reporting to the City Council. Auditors shall assure themselves that the City of Waterford's City Council is informed of each of the following:
A. The auditor's responsibility under generally accepted auditing standards B. Significant accounting policies
C. Management judgments and accounting estimates
D. Significant audit adjustments
E. Other information in documents containing audited financial statements F. Disagreements with management
G. Management consultation with other accountants
H. Major issues discussed with management prior to retention I. Difficulties encountered in performing the audit
5. Special Considerations
The City of Waterford may request additional services from the auditor, subject to compliance with independence standards, including the following:
A. The City of Waterford may request the auditor's assistance in the implementation of GASB statements which become effective during the term of the contract.
B. The City is occasionally confronted with complex tax issues related to employment taxes withholding and reporting, information reporting, etc.
The auditor may be asked from time to time to advise the City on tax related issues and to recommend a proper course of action.
6. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of seven (7) years, unless the firm is notified in writing by the City of Waterford of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees:
A. City of Waterford.
B. Oversight or cognizant agencies.
8 C. Parties designated by the federal or state governments or by the City of Waterford as part of an audit quality review process.
D. Auditors of entities of which the City of Waterford is a sub recipient of grant funds.
E. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.
7. Journal Entries
All adjusting journal entries made by the independent auditors must be discussed and explained to the designated Finance Department personnel prior to recording.
They should be in a format that shows the lowest level of posting detail needed for data entry in the general ledger systems.
DESCRIPTION OF THE GOVERNMENT
1. Name and Telephone Number of Contact Persons/Location of Offices The auditor's principal contact with the City of Waterford will be Tina Envia, Finance Manager, (209) 874-2328 ext. 104 or a designated representative, who will coordinate the assistance to be provided by the City to the auditor.
All finance department personnel are located at the City's Administrative Offices at 101 E Street, Waterford, California.
2. Background Information
The City of Waterford is a general law city incorporated under California law in 1906. The City serves a population of approximately 8,000 and is located in Stanislaus County. The governing body is a five-member City Council composed of the Mayor and four council members all of whom are elected at-large and serve four-year terms.
The City provides a full range of municipal services including parks and recreation, community development, water, wastewater collection, streets and roads, general government and the Successor Agency of the City of Waterford Redevelopment Agency. The most recent budgets and financial statements are available on our website at cityofwaterford.org.
The City of Waterford accounting, financial reporting, and investing functions are centralized in the Finance Department using Springbrook accounting software for all accounting functions.
3. Fund Structure
The City of Waterford uses the following fund types and account groups in its financial reporting:
9 Number of
Individual
General Fund 1
Special Revenue Funds 10
Capital Projects Funds 3
Enterprise Funds 3
Fiduciary Funds 1
4. Budgetary Basis of Accounting
Budgets for the General and Special Revenue are adopted on a basis consistent with generally accepted accounting principles. The modified accrual basis of accounting is employed in the preparation of the budget. At fiscal year-end, budget appropriations lapse. Capital projects are budgeted on a multi-year basis.
Incomplete capital improvement budget appropriations are carried over in the following fiscal year.
5. Federal and State Financial Assistance
The City will review all grants and assistance on a year by year basis and will require a Single Audit as per the Single Audit guidelines. In fiscal 2022-2023 the City expects to have Federal funds only as it relates to American Rescue Plan Funds. Other Federal grants and assistance are not expected to exceed the threshold required for a Single Audit.
6. Pension Plans
The City contributes to the California Public Employees' Retirement System (PERS), an agent multiple-employer public employee retirement system that acts as a common investment and administrative agent for participating public entities within the State of California.
The City also offers a 457 deferred compensation plan to all employees.
7. Component Units
The City of Waterford is defined, for financial reporting purposes, in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Section 2100.
The management of the City of Waterford has identified the following component units for inclusion in the City of Waterford's financial statements, all with fiscal years running concurrently with the City's:
A. The Waterford Public Financing Authority was established as a separate legal entity whose sole purpose is to provide financing for various City capital projects. To date, the Authority has issued revenue bonds for redevelopment projects, sewer projects, and the assessment districts. 10 The component unit is to be audited as part of the audit of the City of Waterford's financial statements.
8. Finance Operations
The Finance Department is headed by Finance Manager, Tina Envia.
9. Computer Systems
The City utilizes the Springbrook accounting software for all accounting functions.
10. Availability of Prior Audit Reports
Interested proposers who wish to review prior years' audit reports and management letters may access them online currently on the City’s website at www.cityofwaterford.org, under the Finance menu.
TIME REQUIREMENTS
1. Key Dates for Proposal Evaluation and Selection
Request for Proposal Issued December 1, 2022
Due Date for Proposals January 31, 2023
Selected Firm Notified* March 3, 2023
Contract Date* April 1, 2023
*Projected Dates, subject to change tentative Award date will be at the March 2,2023 meeting of the City Council.
2. Date Audit 2022-2023 Commence
The City of Waterford will have all records ready for preliminary audit fieldwork and all management personnel available to meet with the firm's personnel as of May 1, 2023.
3. Schedule for the 2023 Fiscal Year Audit
To be proposed by auditor, and designed to meet all statutory due dates.
Each of the following should be completed by the auditor no later than the dates indicated:
A. Fieldwork September 25, 2023
City staff shall have accounting records ready for auditor fieldwork by September 4, 2023.
B. Draft Reports October 16, 2023
The auditor shall have drafts of the audit reports and recommendations to management, available for review by Finance Manager by this date. 11 C. Date Final Report is completed
General purpose financial statements complete
and ready to print by: November 7, 2023
Single Audit and other reports by: November 7, 2023
ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND
REPORT PREPARATION
1. Finance Department and Clerical Assistance
The Finance Department staff and responsible management personnel will be available during the audit to assist the firm by providing direction to needed sources of information, documentation and explanations. Consideration must be given to the ongoing tasks of the finance department.
2. Statements and Schedules to be Prepared by City Staff Finance department staff will prepare the schedules.
3. Work Area and Equipment
The City of Waterford will provide the auditor with reasonable work space, desks and chairs. The auditor will also be provided with access to telephone lines, photocopying/scanning facilities. It is expected that use of such facilities and equipment be limited to reasonable and pertinent business concerning the City of Waterford engagement. The audit work will be expected to be performed onsite.
Use of remote audit services will result in reduction in fee paid to the auditor for the extra time required of City staff to provide documentation that would normally have been obtained by the auditor.
4. Report Preparation
Report preparation, editing and typing of all reports shall be the responsibility of the auditor. The City of Waterford will provide competent staff to review and approve the reports provided.
PROPOSAL REQUIREMENTS
1. Submission of Proposals
The following material is required to be received by January 31, 2023, for a proposing firm to be considered:
A. Three (3) copies of the Technical Proposal to include the following:
• Title Page showing the request for proposals subject; the firm's name; the name, address and telephone number, and e-mail address of the contact person; and, the date of the proposal.
• Table of Contents
12 • Transmittal Letter - A signed letter of transmittal briefly stating the proposer's understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for a minimum of 60 days.
• Detailed Proposal - The detailed proposal should follow the order set forth under Technical Proposal of this request for proposals. • Executed copies of Proposer Guarantees and Proposer Warranties, attached to this request for proposal (Appendix A and Appendix B).
B. The proposer shall submit three (3) copies of a Dollar Cost Bid in a separate sealed envelope marked as follows:
SEALED DOLLAR COST BID PROPOSAL
FOR CITY OF WATERFORD
FOR PROFESSIONAL AUDITING SERVICES
C. Proposers should send the completed proposal consisting of the two separate envelopes to the following address:
By mail or other delivery to:
Tina Envia, Finance Manager
City of Waterford
101 E Street
Waterford CA 95386
2. Technical Proposal
A. General Requirements
THERE SHOULD BE NO DOLLAR UNITS OR TOTAL COSTS
INCLUDED IN THE TECHNICAL PROPOSAL DOCUMENT.
The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City of Waterford in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements.
The Technical Proposal should address all the points outlined in the request for proposals (excluding any cost information which should only be included in the sealed dollar cost bid). The Proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposals. While additional data may be presented, the 13 following subjects, items Nos. 2 through 8, must be included. They represent the criteria against which the proposal will be evaluated.
B. Independence
The firm shall provide an affirmative statement that is independent of the City of Waterford as defined by the U.S. General Accounting Office's Government Auditing Standards (1994 edition, with all subsequent amendments).
The firm shall also provide an affirmative statement that it is independent of the component units of the City of Waterford as defined by those same standards.
The firm should also list and describe the firm's (or proposed subcontractors') professional relationships involving the City of Waterford any of its component units for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit.
In addition, the firm shall give the City of Waterford written notice of any such professional relationships entered into during the period of this agreement.
C. License to Practice in California
An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in the State of California.
D. Firm Qualifications and Experience
The proposer shall state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed, and the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis.
If the proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium shall be separately identified and the firm that is to serve as the principal auditor shall be noted, if applicable.
The firm is also required to submit a copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific government engagements. 14 The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations.
E. Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is registered or licensed to practice as a certified public accountant in California. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit.
Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the term of the agreement will be assured.
Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm. These personnel may also be changed for other reasons with the express prior written permission of the City of Waterford. However, in either case, the City of Waterford retains the right to approve or reject replacements.
Consultants and firm specialists mentioned in response to this request for proposal can only be changed with the express prior written permission of the City of Waterford, which retains the right to approve or reject replacements.
Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience.
F. Prior Engagements with the City of Waterford
List separately all engagements within the last five years, ranked on the basis of total staff hours, for the City of Waterford by type of engagement (i.e., audit, management advisory services, other). Indicate the scope of work, date engagement partners, total hours, the location of the firm's office from which the engagement was performed, and the name and telephone number of the principal client contact.
G. Similar Engagements with Other Government Entities
15 For the firm's office that will be assigned responsibility for the audit, list the most significant engagements performed (maximum of five to be listed) in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact.
H. Specific Audit Approach
The proposal shall set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required under Nature of Services Required of this request for proposal. In developing the work plan, reference shall be made to such sources of information as City of Waterford's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems.
Proposers will be required to provide the following information on their audit approach:
• Proposed segmentation of the engagement.
• Level of staff and number of hours to be assigned to each proposed segment of the engagement.
• Sample size and the extent to which statistical sampling is to be used in the engagement.
• Type and extent of analytical procedures to be used in the engagement.
• Approach to be taken to gain and document an understanding of the City of Waterford's internal control structure.
• Approach to be taken in determining laws and regulations that will be subject to audit test work.
• Approach to be taken in drawing audit samples for purposes of tests of compliance.
• Extent of use of computer software in the engagement.
I. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems, and any special assistance that will be requested from the City of Waterford.
J. Report Format
The proposal should include sample formats for required reports.
THERE SHOULD BE NO DOLLAR UNITS OR TOTAL COSTS
INCLUDED IN THE TECHNICAL PROPOSAL DOCUMENT
16 K. Sealed Dollar Cost Bid
• Total All-Inclusive Maximum Price
The sealed dollar cost bid shall contain all pricing information relative to performing the audit engagement for each of the three contract years as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses.
The City of Waterford will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. Such costs shall not be included in the proposal.
The first page of the sealed dollar cost bid shall include the following information:
1. Name of Firm
2. Certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign a contract with the City of Waterford.
3. A Total All-Inclusive Maximum Price for each year of the engagement.
• Rates by Partner, Specialist, Supervisory and Staff Level, Times Hours Anticipated for Each
The second page of the sealed dollar cost bid shall include a schedule of professional fees and expenses, presented in the format provided in the attachment (Appendix C), supporting the total allinclusive maximum price for each year. The cost of special services described under Special Considerations of this request for proposal shall be disclosed as separate components of the total allinclusive maximum price. • Manner of Payment
Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's dollar cost bid proposal. Interim billing shall cover a period of not less than a calendar month. Invoices for separate reports should be sufficiently detailed or segregated to facilitate the charging of costs to the programs being audited.
17 EVALUATION PROCEDURES
1. Audit Committee
Proposals submitted will be evaluated by a three-member committee contemplated to consist of the City Manager, Finance Manager, and the Administrative Services Director.
2. Review of Proposals
The evaluators will use a point formula during the review process to score proposals. Each evaluator will first score each technical proposal by each of the criteria described in the evaluation criteria below. The individual scores will then be combined to arrive at a composite technical score for each firm. At this point, firms with an unacceptably low technical score will be eliminated from further consideration.
After the composite technical score for each firm has been established, the sealed dollar cost bid will be opened and additional points will be added to the technical score based on the price bid. The maximum score for price will be assigned to the firm offering the lowest total all-inclusive maximum price. Appropriate fractional scores will be assigned to other proposers.
The City of Waterford reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected.
3. Evaluation Criteria
Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria, which will be considered during the evaluation process.
A. Mandatory Elements
• The audit firm is independent and licensed to practice in California • The firm has no conflict of interest or impairment to independence with regard to any other work performed by the firm for the City of Waterford
• The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal
• The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work.
B. Technical Qualifications:
• Expertise and Experience
18 1. The firm's past experience and performance on comparable government engagements
2. The quality of the firm's professional personnel; and the quality of the management support personnel available for consultation
• Audit Approach
1. Adequacy of proposed staffing plan for various segments of the engagement
2. Adequacy of sampling techniques
3. Adequacy of analytical procedures
4. Price:
COST WILL NOT BE THE PRIMARY FACTOR IN THE SELECTION
OF AN AUDIT FIRM
4. Oral Presentations
During the evaluation process, the Committee may, at its discretion, request any one or all of the firms to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the Audit Committee may have on a firm's proposal. Not all firms may be asked to make such oral presentations.
5. Final Selection
The City Council will select a firm based upon Committee evaluation and recommendation.
It is anticipated that a firm will be selected by March 2, 2023. Following notification of the firm selected, it is expected a contract will be executed between both parties by April 1, 2023.
6. Right to Reject Proposals
Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Waterford and the firm selected.
The City of Waterford reserves the right without prejudice to reject any or all proposals.
19 APPENDIX A
PROPOSER GUARANTEES
The proposer certifies it can and will provide and make available, as a minimum, all services set forth in Section II, Nature of Services Required.
Signature of Official: ______________________________________________________ Name (Typed): ___________________________________________________________ Title: ___________________________________________________________________ Firm: ___________________________________________________________________ Date: ___________________________________________________________________ 20 APPENDIX B
PROPOSER WARRANTIES
A. Proposer warrants that it is willing and able to comply with State of California laws with respect to foreign (non-state of California) corporations.
B. Proposer warrants that it is willing and able to obtain insurance coverage, as follows:
1. Workers Compensation – in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $500,000.
2. General Liability – a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or $1,000,000 combined single limit. This insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent auditors and subcontractors; products and completed operations. The City of Waterford shall be named additional insured.
3. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.
4. Professional Liability – insurance with a minimum limit of $1,000,000 per claim and policy aggregate, to include errors and omissions coverage providing $1,000,000 of coverage for the willful or negligent acts, or omissions of any officers, employees or agents in conjunction with the services to be provided. Coverage limits shall be $1,000,000 or more, per occurrences without reduction for claims paid during the policy period. The carrier should be duly insured and authorized to issue similar insurance policies for this nature in the State of California.
C. Proposer warrants that it will not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS/HIV), or sexual orientation.
D. Proposer warrants that it is willing and able to certify to the City that it will provide a drug free workplace during the performance of this engagement.
E. Proposer warrants that, prior to beginning any work under this engagement; it will secure the appropriate business license from the City.
21 F. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Waterford.
G. Proposer warrants that all information provided by it in connection with this proposal is true and accurate.
Signature of Official: ______________________________________________________ Name (Typed): ___________________________________________________________ Title: ___________________________________________________________________ Firm: ___________________________________________________________________ Date: ___________________________________________________________________ 22 APPENDIX C
SCHEDULE OF PROFESSIONAL FEES AND EXPENSES
FOR THE AUDIT OF THE JUNE 30, 2023 FINANCIAL STATEMENTS Hours Hourly Rates Total 2023
Partners
Managers
Supervisory Staff
Staff
Other (specify)
Total all-inclusive
maximum price
Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. 23 APPENDIX D
In the interests of keeping the RFP packet a manageable size, and to conserve paper and postage, we have made prior year general purpose financial statements available on the City’s website at www.cityofwaterford.org under the Finance Department drop-down menu.
24 APPENDIX E
(Format)
Date:
NOTIFICATION OF INTEREST
Dear Ms. Envia:
Our firm is interested in submitting a proposal to audit the City of Waterford's financial statements for the three fiscal years commencing with the fiscal year ending June 30, 2023, with the option of auditing the City of Waterford's financial statements for the two subsequent fiscal years, as set forth in the request for proposal (RFP) dated December 1, 2022.
Signed: (not required if sent by e-mail)
Printed Name and Title
General business 6b
November 17, 2022
Lonnie Statzer Public Works Superintendent
City Council Staff Report
Resolution: Approving Resolution 2022-57, The City Council of the City of Waterford Approving the First Amendment to Intergovernmental Cooperation Agreement.
SUMMARY:
City Council is being asked to approve the First Amendment to the Intergovernmental Cooperation Agreement.
ANALYSIS:
Stanislaus County, in partnership with the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford form the Stanislaus Urban County for purposes of receiving Federal Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG) and Emergency Solutions Grants (ESG) Program funding. Stanislaus County is the "lead entity" with responsibility for implementing and administering CDBG and ESG funding. Together, the Stanislaus Urban County and the City of Turlock will form the Stanislaus HOME Consortium (hereafter referred to as “the Consortium”). Every year the United States Department of Housing and Urban Development (HUD) provides funding for community development programs to the Stanislaus Urban County, specifically Community Development Block Grant (CDBG) and Emergency Solutions Grants (ESG) funding. HOME Investment Partnerships Program (HOME) funds are received annually by Participating Jurisdictions and HOME Consortiums from HUD.
CDBG funds are used by the Stanislaus Urban County primarily for public services, infrastructure improvements, planning and administrative costs. ESG funds are utilized for Homeless Prevention, Rapid Re-Housing, Shelter, and Homeless Management Information System (HMIS) activities and administrative costs. HOME funds can be used to finance a variety of affordable housing activities that generally fall into four categories: rehabilitation of owner-occupied housing; assistance to homebuyers; acquisition, rehabilitation, or construction of rental housing; and tenant-based rental assistance.
Stanislaus Urban County Requalification Process
As per HUD Notice CPD-22-07 issued on April 25, 2022, Stanislaus County is scheduled to follow the requalification process for Fiscal Years 2023-2025 for the Stanislaus Urban County. Every 3 years the lead entity for an Urban County must go through a requalification process for HUD Entitlement status.
The County must enter into a cooperation agreement with the units of local government that select to remain or become part of the Urban County. These cooperation agreements legally bind a unit of local government to cooperate in the use of its power in carrying out essential activities in accordance with the Urban County’s HUD program.
On May 24, 2022 the Stanislaus Board of Supervisors authorized the Chief Executive Officer to sign the Stanislaus Urban County 3 Year Intergovernmental Cooperation Agreement for Fiscal Years 2023- 2025. The Agreement was submitted to HUD on June 30, 2022 to continue the Urban County Requalification Process. Upon review by HUD’s legal division, an ask for further clarification and edits has resulted in the need for an amendment to the Intergovernmental Agreement.
The following are the requested changes to the Intergovernmental Agreement:
• The Federal Fiscal Years must be added in addition to the Program Years that the agreement is effective.
The table below identifies the Federal Fiscal Years and the Program Years that have been added to the Intergovernmental Agreement.
Federal Fiscal Years Program Years
10/1/2022-9/30/2023 7/1/2023-6/30/2024
10/1/2023- 9/30/2024 7/1/2024-6/30/2025
10/1/2024-9/30/2025 7/1/2025-6/30/2026
• The date that was included in the Recitals, regarding the City of Turlock’s end date as the lead entity for the HOME Consortium must be updated.
Due to a misinterpretation by HUD of the existing HOME Consortium Agreement between the City of Turlock and the County, the wrong end date for the City was included in the new Agreement for both the Stanislaus Urban County and the new HOME Consortium. The effective date for the withdrawal of the City of Turlock as lead entity for the HOME Consortium is June 30, 2023 instead of June 30, 2022.
HUD has made the adjustment in their processing of the Agreement and the County is scheduled to take over as lead entity for the HOME Consortium effective July 1, 2023. • Authorize the County’s Director of Planning and Community Development to amend, revise or supplement the Agreement by Administrative Amendment with written notice to the Cities if such amendment is necessary to comply with applicable laws and regulations.
Paragraph 23 of the Agreement has been deleted in its entirety and replaced with the following:
“23. Amendments. The County’s Director of Planning and Community Development may amend, revise or supplement the Agreement by Administrative Amendment in order to maintain compliance with applicable laws and regulations upon written notice to the other Parties. The Administrative Amendment shall be effective upon execution by the County’s Director of Planning and Community Development and delivery to all Parties. Amendments which modify the substantive terms of the Agreement shall be approved by the County’s Director of Planning and Community Development and the City Manager of each of the Cities or his/her designee.”
• The recitals to the Agreement state that the County and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford will enter into a HOME Consortium Agreement. However, per HUD guidance, the Consortium Agreement may only be between the City of Turlock, a metropolitan city, and Stanislaus County, an Urban County. The Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford will participate in the Consortium as members of the Stanislaus Urban County as defined in Section 102(a)(6) of the Housing and Community Development Act (HCDA) of 1974, as amended. (24 CFR 101(b)).
The County and the City of Turlock will enter into a separate Consortium Agreement relating to the HOME Program. The Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford will participate in the Consortium as members of the Stanislaus Urban County as defined in Section 102(a)(6) of the Housing and Community Development Act (HCDA) of 1974, as amended. (24 CFR 92.101(b)).
The First Amendment to the Intergovernmental Agreement and Resolution requires Board approval and authorization before it can be submitted back to the HUD Field Office.
Update on the New HOME Consortium
On May 24, 2022 the Stanislaus Board of Supervisors authorized the Chief Executive Officer to sign the Stanislaus HOME Investment Partnerships (HOME) Consortium Agreement for Fiscal Years 2023-2025 and the Stanislaus HOME Consortium 1 Year Agreement for Fiscal Year 2022.
Forming a consortium is a way for local governments that would not otherwise qualify for funding to join with other contiguous units of local government to directly participate in the HOME program.
On June 30, 2022, as per HUD guidance the County submitted both agreements in an attempt to align the Stanislaus Urban County and the new HOME Consortium’s qualification periods. During the review process by HUD’s legal division, it was found that the City of Turlock’s current HOME Consortium Agreement was still in effect and does not expire until June 30, 2023.The City of Turlock was notified on September 22, 2022 that they would need to accept to remain as the lead entity for one more year or the FY 2022-2023 HOME funding would be forfeited. HUD has continued with the process to form a new HOME Consortium with Stanislaus County as the new lead entity as of July 1, 2023.
HUD’s legal division also directed staff on the following changes to the Stanislaus Home Investment Partnerships Program Consortium Agreement One Year Agreement:
First Amendment:
• The Program Year for the Consortium had to be the fiscal year for the Consortium and was edited to begin July 1, 2022 and end on June 30, 2023. HUD also requested that the following be added to the Agreement:
“The requirements of 24 CFR, Part 92, Subpart H (Other Federal Requirements) are applicable to the Agreement including the following:
§ 92.350 Other Federal requirements and nondiscrimination. § 92.351 Affirmative marketing; minority outreach program. § 92.352 Environmental review.
§ 92.353 Displacement, relocation, and acquisition.
§ 92.354 Labor.
§ 92.355 Lead-based paint.
§ 92.356 Conflict of interest.
§ 92.357 Executive Order 12372.
§ 92.358 Consultant activities.
§ 92.359 VAWA requirements.”
Second Amendment:
• The Agreement was edited to include that each member of the Consortium and its subrecipients shall abide by California State Executive Order N-6-22 (Russia Sanctions).
Language was also added to authorize the County to amend the Agreement in order to add new Consortium members if an opportunity arises without the need of a majority vote of the Consortium.
Third Amendment:
• Modify the Agreement and resolutions approving the Agreement to clarify the program year as follows:
Federal Fiscal Year Program Year
10/1/2022-9/30/2023 7/1/2023-6/30/2024
• To align with the Urban County requalification period, modify the Agreement by adding two Federal fiscal years and Program years as follows:
Federal Fiscal Years Program Years
10/1/2023- 9/30/2024 7/1/2024-6/30/2025
10/1/2024-9/30/2025 7/1/2025-6/30/2026
• Modify the Agreement so that the only Parties are the City of Turlock and Stanislaus County. Per HUD guidance, the Agreement may only be between the City of Turlock, a metropolitan city, and Stanislaus County, an Urban County. The Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford will participate in the Consortium as members of the Stanislaus Urban County. (24 CFR 92.101(b)). • Paragraphs 5-9 of the Original Agreement and Paragraph 1 of the First Amendment shall be deleted in their entirety and replaced with the following:
5. Notwithstanding anything to the contrary in the Agreement or in the resolutions approved by the County and the Cities reflecting the approval of the Agreement, the Agreement is applicable to the following Federal fiscal year and the following Program year:
Federal Fiscal Year Program Year
10/1/2022-9/30/2023 7/1/2023-6/30/2024”
6. Notwithstanding anything to the contrary in the Agreement or in the resolutions approved by the County and the Cities reflecting the approval of the Agreement, the Agreement is hereby extended for the following Federal fiscal years and the following Program years:
Federal Fiscal Years Program Years
10/1/2023- 9/30/2024 7/1/2024-6/30/2025
10/1/2024-9/30/2025 7/1/2025-6/30/2026
7. Because of the extension of the Agreement in paragraph 2 above, the HOME Three Year Agreement is hereby terminated and is of no force and effect.
8. The effective date for the withdrawal of the City of Turlock as Lead Agency for the HOME Consortium is June 30, 2023; and the County has agreed to take over as Lead Agency for the HOME Consortium effective July 1, 2023.
9. The Parties to the Agreement shall hereinafter be the City of Turlock and Stanislaus County. The Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford shall hereinafter participate in the Consortium as members of the Stanislaus Urban County as defined in Section 102(a)(6) of the Housing and Community Development Act (HCDA) of 1974, as amended. (24 CFR 92.101(b)).
All amendments to the Stanislaus Home Investment Partnerships Program Consortium Agreement One Year Agreement have been submitted to the HUD Field Office and approved. Amendments as needed were authorized in the Original Agreement to be approved by the County’s Director of Planning and Community Development.
FISCAL IMPACT
HUD provides CDBG and HOME funds to eligible Entitlement Jurisdictions on an annual basis. HUD allows for up to twenty percent of the annual allocation for administration of the CDBG Program and ten percent for the HOME Program’s project and program costs to be claimed on a reimbursement basis directly from HUD.
The need for County General Funds to help support the administration of the new HOME Consortium is still under review and will be assessed further as the development of the consortium’s proceeds and implementation of HOME projects is initiated in Fiscal Year 2023-2024.
ENVIRONMENTAL REVIEW:
This project is exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines.
ALTERNATIVES:
1. Not approve this resolution. Staff does not recommend this option as it is a requirement to receiving future CDBG funding and that the City relies on these funds for the projects identified in this report.
ATTACHMENTS:
• First Amendment to Intergovernmental Cooperation Agreement • Resolution 2022-57
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -1-
FIRST AMENDMENT TO
INTERGOVERNMENTAL COOPERATION AGREEMENT
STANISLAUS URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Three Year Agreement
This First Amendment (“First Amendment”) dated for reference purposes as of November 1, 2022 (“Effective Date”) amends that certain Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program (Three Year Agreement) by and between Stanislaus County, a political subdivision of the State of California, acting through its Department of Planning and Community Development (the “County”), and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford, each a municipal corporation of the State of California (individually a “City” and collectively, "Cities”), dated June 12, 2022 (“Agreement”). The Cities and the County are collectively referred to herein as the “Parties”; and, individually, a “Party”.
RECITALS
A. Pursuant to the Agreement, County and Cities agreed to participate in the Stanislaus Urban County Community Development Block Grant Program.
B. Under the Housing and Community Development Act of 1974 and implementing regulations (“Act”), the Agreement must specify the three Federal fiscal years for which it is applicable, and each Program year start and end date. The Agreement contains errors in the Federal fiscal years and Program years for which it is applicable, and contains an error in date that Turlock is withdrawing as Lead Agency from the Home Consortium.
C. The recitals to the Agreement incorrectly state that the County and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford will enter into a HOME Consortium Agreement. However, under Federal Regulations, the Consortium Agreement may only be between the City of Turlock, a metropolitan city, and Stanislaus County, an Urban County. The Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford will participate in the Consortium as members of the Stanislaus Urban County as defined in Section 102(a)(6) of the Housing and Community Development Act (HCDA) of 1974, as amended. (24 CFR 101(b)).
D. The Agreement provides in part at paragraph 23 that any amendments to the Agreement a) shall be in writing; b) that any such amendments to the Agreement may be entered into at any time if required or necessary to comply with the regulations issued pursuant to the Act; and c) the amendments shall be signed by the City Manager of each of the Cities or his/her designee.
E. The Parties wish to correct the errors identified in Recital B and Recital C herein to comply with applicable laws and regulations. The Parties further wish to authorize the County’s Director of Planning and Community Development to amend, revise or supplement the Agreement First Amendment to Three-Year
Intergovernmental Cooperation Agreement -2-
by Administrative Amendment with written notice to the Cities if such amendment is necessary to comply with applicable laws and regulations.
NOW THEREFORE, the Parties agree as follows:
1. Notwithstanding anything to the contrary in the Agreement or in the resolutions approved by the Parties reflecting the approval of the Agreement, the Agreement is applicable to the following Federal fiscal years and the following Program years:
Federal Fiscal Years Program Years
10/1/2022-9/30/2023 7/1/2023-6/30/2024
10/1/2023- 9/30/2024 7/1/2024-6/30/2025
10/1/2024-9/30/2025 7/1/2025-6/30/2026
2. Notwithstanding anything to the contrary in the recitals to the Agreement, (a) the effective date for the withdrawal of the City of Turlock as Lead Agency for the HOME Consortium is June 30, 2023; and (b) the County has agreed to take over as Lead Agency for the HOME Consortium effective July 1, 2023.
3. Notwithstanding anything to the contrary in the recitals to the Agreement, the County and the City of Turlock will enter into a separate Consortium Agreement relating to the HOME Program. The Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford will participate in the Consortium as members of the Stanislaus Urban County as defined in Section 102(a)(6) of the Housing and Community Development Act (HCDA) of 1974, as amended. (24 CFR 92.101(b)).
4. Paragraph 23 of the Agreement shall be deleted in its entirety and replaced with the following:
“23. Amendments. The County’s Director of Planning and Community Development may amend, revise or supplement the Agreement by Administrative Amendment in order to maintain compliance with applicable laws and regulations upon written notice to the other Parties. The Administrative Amendment shall be effective upon execution by the County’s Director of Planning and Community Development and delivery to all Parties.
Amendments which modify the substantive terms of the Agreement shall be approved by the County’s Director of Planning and Community Development and the City Manager of each of the Cities or his/her designee.”
5. Except as amended herein the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the Effective Date.
[SIGNATURE PAGES BELOW]
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -3-
STANISLAUS COUNTY:
Angela Freitas, Director
Planning and Community Development Department
By ____________________________
Angela Freitas
Director
APPROVED AS TO FORM:
Thomas E. Boze
Stanislaus County Counsel
By: ____________________________
G. Michael Ziman
Deputy County Counsel
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -4-
CITY OF CERES:
By ____________________________
Alex Terrazas
City Manager
Dated: __________________________
APPROVED AS TO FORM:
By ___________________________
Tom Hallinan
City Attorney
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -5-
CITY OF HUGHSON:
By ____________________________
Merry Mayhew
City Manager
Dated: _________________________
APPROVED AS TO FORM:
By ____________________________
Daniel J. Schroeder
City Attorney
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -6-
CITY OF NEWMAN:
By ____________________________
Michael E. Holland
City Manager
Dated: _________________________
APPROVED AS TO FORM:
By ____________________________
Nubia Goldstein
City Attorney
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -7-
CITY OF OAKDALE:
By ____________________________
Bryan Whitemyer
City Manager
Dated: _________________________
APPROVED AS TO FORM:
By ____________________________
Tom Hallinan
City Attorney
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -8-
CITY OF PATTERSON:
By ____________________________
Ken Irwin
City Manager
Dated: __________________________
APPROVED AS TO FORM:
By ____________________________
Tom Hallinan
City Attorney
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -9-
CITY OF RIVERBANK:
By ____________________________
Marisela Garcia
City Manager
Dated: _________________________
APPROVED AS TO FORM:
By ___________________________
Tom Hallinan
City Attorney
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -10-
CITY OF WATERFORD:
By ____________________________
Michael G. Pitcock
City Manager
Dated: __________________________
APPROVED AS TO FORM:
By ___________________________
Corbett Browning
City Attorney
RESOLUTION 2022-57
WATERFORD CITY COUNCIL
RESOLUTION # 2022-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERFORD APPROVING
THE FIRST AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT WHEREAS, the County of Stanislaus ("County"), a political subdivision of the State of California, and the City of Waterford ("City") a municipal corporation, desire to participate in the Community Development Block Grant program ("CDBG Program") administered by the U.S.
Department of Housing and Urban Development ("HUD"); and WHEREAS, the CDBG Program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households, encourage economic reinvestment, improve community facilities and public services, and provide other housing-related facilities, or services; and WHEREAS, on or about June 12, 2022, the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford, (collectively, the "Cities”) and the County entered into that certain the Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program (“Agreement”).
WHEREAS, to comply with applicable laws and regulations, the City and the County (collectively, the “Parties”) are required to enter into the First Amendment to the Agreement (“First Amendment”) attached hereto as Exhibit “A”.
WHEREAS, the Agreement, as amended, is consistent with the General Plan and with policies of the Parties encouraging cooperation between agencies on issues of regional significance such as affordable housing; and
WHEREAS, the Agreement, as amended, will promote the public health, safety, and welfare by enabling the City and County to participate in the CDBG program under an "Urban County" entitlement; thus, making available funds for a variety of housing, economic development, and public services programs not otherwise available; and
WHEREAS, subrecipient agreements will be used to establish administrative policies and procedures, performance standards, and guidelines for funding specific programs and projects; and
WHEREAS, the Agreement, as amended, is not a “project” for purposes of compliance with the provisions of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Waterford:
1. The City Council hereby approves and authorizes the City Manager to execute the First Amendment attached hereto to enable participation in the CDBG Program.
2. The City Manager is hereby authorized to act on behalf of the City to execute the First Amendment and take action with regard to the ongoing activities of the CDBG program necessary to carry out the intent of the Agreement, as amended.
RESOLUTION 2022-57
PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on November 17, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City of Waterford,
Jose M. Aldaco, Mayor
ATTEST:
APPROVED AS TO FORM:
Patricia Krause, CMC, City Clerk Corbett J. Browning, City Attorney Informational Items 8
November 17, 2022
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Informational Items.
SUMMARY:
Items included in this section provide City Council with updates on business not requiring a full report.
FISCAL IMPACT:
N/A
ANALYSIS:
All items under this category are considered for informational purpose only.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
N/A
ATTACHMENTS:
8a: City Project List
Streets
Name Owner Priority Estimated Cost Update
Yosemite Ave. Pedestrian Project (CalTrans) Michael Pitcock Lonnie Statzer High $6,000,000 (SHOPP) Caltrans is lead agency.
H & I Streets Rehabilitation Michael Pitcock
Lonnie Statzer High $500,000 (CDBG) Complete
F Street Overlay Michael Pitcock
Lonnie Statzer High $1,200,000 (Measure L) In Design.
2023 Slurry and Cape Seals Michael Pitcock
Lonnie Statzer High $500,000 (Measure L) In Planning.
F Street Improvements at Western Michael Pitcock
Lonnie Statzer High $300,000 (STBG and CMAQ) Awarded on October 20, 2022 Western Pedestrian Improvements Michael Pitcock
Lonnie Statzer High $300,000 (CDBG) IN NEPA Environmental Review.
Yosemite at Pasadena Signal Improvements Michael Pitcock Lonnie Statzer High $600,000 (CMAQ) In Design.
Skyline Road Improvements Michael Pitcock
Lonnie Statzer High $450,000 (STBG) In Design.
Housing Development
Name Owner Priority Estimated Cost Update
Pecan / Pasadena Subdivision Michael Pitcock High NA Homes in Construction. All homes sold.
Bentley Estates Michael Pitcock High NA Tentative Map Approved. Waiting on Developer.
Economic Development
Name Owner Priority Estimated Cost Update
F St and Yosemite Redevelopment (Burned Building) Michael Pitcock High N/A Council Approved Project October 20, 2022 Facilities / Property
City Projects
Name Owner Priority Estimated Cost Update
ADA Transition Plan Implementation Lonnie Statzer Low Varies Ongoing 109 E St. Public Works Shop Sale Lonnie Statzer Low N/A For sale Local Hazardous Mitigation Plan Update Lonnie Statzer Low N/A Draft document has been reviewed.
Council Chambers Equipment Upgrade Patricia Krause High $52,000 Waiting on Equipment.
Public Safety
Name Owner Priority Estimated Cost Update
License Plate Reader Program Michael Pitcock High
$10,000 up front and $3,300
monthly for maintenance and
monitoring.
Cameras are operational in all locations but
Skyline.
Utilities
Name Owner Priority Estimated Cost Update
WWTP Biosolids Screening Upgrade - Self Help Enterprises Grant
Michael Pitcock
Lonnie Statzer High $500,000 Unfunded Grant Application submitted.
Water System Consolidation - Hickman Michael Pitcock
Lonnie Statzer High $3,000,000 Unfunded Grant Application submitted.
Tim Bell Water and Sewer Extension to Vineyard Michael Pitcock Lonnie Statzer High $2,500,000 (ARPA) In Design.
Parks and Trails
Name Owner Priority Estimated Cost Update
Triangle Parcel - Neighborhood Park Lonnie Statzer High $133,000 Park Impact Fees On hold as funding for Dog Park is higher prioroity
S. Reinway Sports Complex Lonnie Statzer Low Unfunded On Hold Dog Park (Prop 68 Per Capita Grant) Lonnie Statzer High $250,000 Grant and Park Impact Fees In Construction
Beard Park Improvements (Prop 68 Competitive Grant) Lonnie Statzer High $1,000,000 Million Unfunded Grant Denied. Waiting to see if another cycle to apply is available.
Community Center Remodel Michael Pitcock
Lonnie Statzer High $800,000 (General Fund) In Design
Other Projects
Name Owner Priority Estimated Cost Update