CITY OF HUGHSON CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 7018 Pine Street, Hughson, CA

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1 City Council Agenda March 11, 2019 CITY OF HUGHSON CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 7018 Pine Street, Hughson, CA AGENDA MONDAY, MARCH 11, :00 P.M. CALL TO ORDER: ROLL CALL: FLAG SALUTE: INVOCATION: Mayor Jeramy Young Mayor Jeramy Young Mayor Pro Tem George Carr Councilmember Harold Hill Councilmember Mark Fontana Councilmember Ramon Bawanan Mayor Jeramy Young Hughson Ministerial Association RULES FOR ADDRESSING CITY COUNCIL Members of the audience who wish to address the City Council are requested to complete one of the forms located on the table at the entrance of the Council Chambers and submit it to the City Clerk. Filling out the card is voluntary. 1. PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken): Members of the audience may address the City Council on any item of interest to the public pertaining to the City and may step to the podium, state their name and city of residence for the record (requirement of name and city of residence is optional) and make their presentation. Please limit presentations to five minutes. Since the City Council cannot take action on matters not on the agenda, unless the action is authorized by Section of the Government Code, items of concern, which are not urgent in nature can be resolved more expeditiously by completing and submitting to the City Clerk a Citizen Request Form which may be obtained from the City Clerk. Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk s counter at City Hall located at 7018 Pine Street, Hughson, CA. 1

2 City Council Agenda March 11, PRESENTATIONS: 2.1: Introduction of New Employee Larissa Sianez, Code Enforcement Officer. 2.2: Review and Accept the 2018 Hughson Police Services Year-End Report. 3. CONSENT CALENDAR: All items listed on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Councilmember for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote. 3.1: Approve the Minutes of the Regular Meeting of February 25, : Approve the Warrants Register. 3.3: Approval to Adopt Resolution No , Waiving Fees for the City-Wide Yard Sale Scheduled for April 6 April 7, : Waive the Second Reading and Adopt Ordinance No , Amending Chapters and of the Hughson Municipal Code Concerning Responsibility for Water and Sewer Charges. 3.5: Approval to Adopt Resolution No , Consenting to the Enforcement of all Health Laws Within the City of Hughson by the Stanislaus County Public Health Officer. 3.6: Approval to Adopt Resolution No , Approving the 2019 Senate Bill 1, Road Repair and Accountability Act, Local Streets and Roads Annual Reporting Program Project List. 4. UNFINISHED BUSINESS: NONE. 5. PUBLIC HEARING TO CONSIDER THE FOLLOWING: 5.1: Introduce and Waive the First Reading of Ordinance No , Enacting Chapter 1.06 of the Hughson Municipal Code Prohibiting Recovery of Costs for Criminal Violations of City Ordinances. 5.2: Introduce and Waive the First Reading of Ordinance No , Amending Chapter 9.25 of the Hughson Municipal Code Concerning Underage Drinking/Social Host Liability. 6. NEW BUSINESS: Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk s counter at City Hall located at 7018 Pine Street, Hughson, CA. 2

3 City Council Agenda March 11, : Approval to Adopt Resolution No , Awarding the Santa Fe Overlay Project (Phase I) Bid to T&S Intermodal, dba T&S West in the amount of $413,497 and Authorizing a 10% Construction Contingency as well as a 10% Set-aside for Construction Management. 7. CORRESPONDENCE: NONE. 8. COMMENTS: 8.1: Staff Reports and Comments: (Information Only No Action) City Manager: City Clerk: Community Development Director: Director of Finance: Police Services: City Attorney: Student Representative: 8.2: Council Comments: (Information Only No Action) 8.3: Mayor s Comments: (Information Only No Action) 9. CLOSED SESSION TO DISCUSS THE FOLLOWING: NONE. ADJOURNMENT: WAIVER WARNING If you challenge a decision/direction of the City Council in court, you may be limited to raising only those issues you or someone else raised at a public hearing(s) described in this Agenda, or in written correspondence delivered to the City of Hughson at or prior to, the public hearing(s). Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk s counter at City Hall located at 7018 Pine Street, Hughson, CA. 3

4 City Council Agenda March 11, 2019 UPCOMING EVENTS: March 12 March 13 March 19 March 25 March 30 April 4 April 6 April 13 April Parks, Recreation & Entertainment Commission, City Hall Chambers, 6:00 P.M. City/Fire 2+2 Committee Meeting, Hughson Fire Protection District, 5:30 P.M. Planning Commission, City Hall Chambers, 6:00 P.M. City Council Meeting, City Hall Chambers, 7:00 P.M. Hughson Youth Baseball/Softball Opening Ceremony, Lebright Fields, 9:00 A.M. Community Engagement - Lebright Modernization Project, Hughson Community Senior Center, 6:00 P.M. Taste of Hughson, St. Anthony s Church, 6:00 P.M. Love Hughson Breakfast & Rally, Hughson Community Senior Center, 7:00 A.M. Hughson Fruit and Nut Festival, Downtown Hughson, 10:00 A.M. 6:00 P.M. and 10:00 A.M. 5:00 P.M. AFFIDAVIT OF POSTING DATE: March 7, 2019 TIME: 3:15 P.M. NAME: Ashton Gose TITLE: Deputy City Clerk Notice Regarding Non-English Speakers: AMERICANS WITH DISABILITIES ACT/CALIFORNIA BROWN ACT NOTIFICATION FOR THE CITY OF HUGHSON This Agenda shall be made available upon request in alternative formats to persons with a disability; as required by the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) and the Ralph M. Brown Act (California Government Code Section ). Disabled or Special needs Accommodation: In compliance with the Americans with Disabilities Act, persons requesting a disability related modification or accommodation in order to participate in the meeting and/or if you need assistance to attend or participate in a City Council meeting, please contact the City Clerk s office at (209) Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring that reasonable accommodations are made to provide accessibility to the meeting. Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Hughson City Council shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language. Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk s counter at City Hall located at 7018 Pine Street, Hughson, CA. 4

5 City Council Agenda March 11, 2019 General Information: The Hughson City Council meets in the Council Chambers on the second and fourth Mondays of each month at 7:00 p.m., unless otherwise noticed. Council Agendas: The City Council agenda is now available for public review at the City s website at and City Clerk's Office, 7018 Pine Street, Hughson, California on the Friday, prior to the scheduled meeting. Copies and/or subscriptions can be purchased for a nominal fee through the City Clerk s Office. Questions: Contact the City Clerk at (209) Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk s counter at City Hall located at 7018 Pine Street, Hughson, CA. 5

6 CITY OF HUGHSON AGENDA ITEM NO. 2.2 SECTION 2: PRESENTATIONS Meeting Date: March 11, 2019 Subject: Acceptance of the Hughson Police Services 2018 Year- End Report Presented By: Larry Seymour, Chief of Police Services Approved: Staff Recommendation: Review and accept the 2018 Hughson Police Services Year-End Report. Background and Overview: Every year, Hughson Police Services provides the City Council with a year-end report. This report provides the case highlights, crime and gang statistics, and traffic activity summaries for Hughson Police Services continues to work diligently to suppress crime and maintain a vigil eye throughout the community. The number one goal is to protect the community and neighborhoods. In the past year, the City has been successful in providing addition tools to aid Hughson Police Services with the provision of these services. Examples include the implementation of the first phase of the Portable Observation Device project and the new ordinance adopted last year to address fireworks within the City limits. Fiscal Impact: Law enforcement services are provided to the City of Hughson through a contract with the Stanislaus County Sheriff s Department. The term of the current agreement is July 1, 2016 through June 30, The cost per this agreement for the current fiscal year is $1.3 million. This expense is included annually as part of the budget process.

7 2018 YEAR END REPORT 1

8 Message from the Sheriff Law enforcement services for the City of Hughson are performed under a mutual contract with the Stanislaus County Sheriff's Department. Personnel assigned to Hughson Police Services perform Patrol, General Investigations, Traffic Enforcement, Crime Prevention and Business Office functions. A wide array of ancillary services, such as the SWAT Team, Dive Team, Bomb Team and other Administrative functions are also provided by the Sheriffs Operations Center, located on Hackett Rd. in the City of Modesto. Sheriff Jeff Dirkse Message from the Chief It is with great pride that I provide this end of year report of the outstanding efforts the deputies of Hughson Police Services have provided for Your dedicated team has worked closely with the community to make Hughson a safer place for all of its residents. 2

9 MILESTONES I have just completed my third full year as Chief of Police in Hughson. This year has included more great memories as I have become more acquainted with a community that has welcomed and embraced law enforcement and our deputies assigned to this city. We have experienced some transfers of deputies out of Hughson as they went on to advance their careers in law enforcement. Each one of them brought their own personality to the community and their experience will be missed. But as we usher them out, we welcome a fresh crew of dedicated deputies. We currently have a balance of experienced and newer deputies assigned to Hughson. We have 2 newer deputies and 3 more experienced deputies. Our Community Resource Deputy has even more years of experience in Hughson and he chose to extend for another year. He is easily recognized at our schools and the rest of our community and does an outstanding job at the community events. Our staff at Hughson Police Services continues to be dedicated to your community. We attend several community events such as; Love Hughson, Trunk or Treat, Hughson Fruit and Nut Festival and the Christmas Parade. Hughson Police Services will continue hands on correspondence with all City, State, County and Federal Departments as well as with the Hughson Community. We have been fortunate to be more active at our schools. We assisted with an active shooter exercise. This event was well attended by school staff and we were assisted by our SWAT team members. Some of them live in our community and have children that attend the schools here. We were also were able to provide some trauma training at the schools. The instructors were medics and I am sure the attendees were able to learn something new. Hughson Police Services continues to have presence on Face Book and Next Door as we post information to share with the community. Social media is a useful tool to keep the citizens of Hughson aware of what is happening in their community. It is also a means for the citizens of Hughson to provide constructive feedback and neighborhood concerns. We will continue to monitor those sites. 3

10 HUGHSON POLICE SERVICE STAFF CHIEF OF POLICE CHIEF LARRY SEYMOUR FIVE SWORN DEPUTIES DEP. SIERRA, DEP. ZAZUETA, DEP. WATKINS, DEP. GHIMENTI, COMMUNITY RESOURCE DEP. NIKKEL LEGAL CLERK KAYCE PLACENCIA PATROL DEPUTY RESPONSES CALLS FOR SERVICE 1980 TRAFFIC AND SUBJECT STOPS TRAFFIC CITES 153..PARKING CITES 54 TRAFFIC COLLISION REPORTS 20 ADULT CITATIONS (CRIMINAL) ADULT ARREST 14 JUVENILE ARREST 2..JUV. CITATIONS (CRIMINAL AND TRAFFIC) 4

11 TRAFFIC ACTIVITY Annual Report Summary Year Total 2017 Year Total 2018 Numerical Difference Accident Totals Fatal Accidents Injury Accidents Prop Damage/Non-Injury Hit and Run Accidents Drunk Driving Totals Involved in Accidents Driving Under Influence Citation Issued Totals Moving Violations Non-Moving Violations Mechanical Violations Parking Violations

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16 Calls for Service Comparison % Change 2018 % Change Hughson PD 6,372 4, % 4, % Patterson PD 16,986 17, % 15, % Riverbank PD 15,984 17, % 16, % Waterford PD 6,783 6, % 6, % Sheriff 83,742 82, % 79, % Total SCSO 129, , % 123, %

17 5 UCR Part 1 - Homicides

18 5 UCR Part 1 - Rape

19 5 UCR Part 1 - Robbery

20 14 UCR Part 1 - Aggravated Assault

21 70 UCR Part 1 - Burglary

22 40 UCR Part 1 - Motor Vehicle Theft

23 100 UCR Part 1 - Larceny

24 5 UCR Part 1 - Arson

25 14 UCR Part 1 - Total Violent Crimes

26 180 UCR Part 1 - Total Property Crimes

27 SUMMARY Calls for service are up by 251. Traffic stops and cites are up by 2. Adult arrests up by 59. Juvenile arrests up by 7. Overall crime is down in some areas and up in others. Questions?

28 CITY OF HUGHSON PORTABLE OBSERVATION DEVICE

29 CITY OF HUGHSON PORTABLE OBSERVATION DEVICE

30 CITY OF HUGHSON PORTABLE OBSERVATION DEVICE

31 CITY OF HUGHSON PORTABLE OBSERVATION DEVICE

32 SERVICE TO THE COMMUNITY FIREWORKS ENFORCEMENT

33 SERVICE TO THE COMMUNITY NATIONAL NIGHT OUT

34 SERVICE TO THE COMMUNITY NATIONAL NIGHT OUT

35 SERVICE TO THE COMMUNITY SCHOOL LOCKDOWN EXERCISE

36 SERVICE TO THE COMMUNITY SCHOOL LOCKDOWN EXERCISE

37 SERVICE TO THE COMMUNITY SCHOOL LOCKDOWN EXERCISE

38 SERVICE TO THE COMMUNITY TRUNK OR TREAT 3-TIME CHAMPIONS!

39 SERVICE TO THE COMMUNITY TRUNK OR TREAT 3-TIME CHAMPIONS!

40 SERVICE TO THE COMMUNITY CHRISTMAS PARADE 2-TIME CHAMPIONS!

41 HOW BOUT THOSE RAMS?

42 CITY OF HUGHSON AGENDA ITEM NO. 3.1 SECTION 3: CONSENT CALENDAR Meeting Date: March 11, 2019 Subject: Approval of the City Council Minutes Presented By: Ashton Gose, Deputy City Clerk Approved By: Staff Recommendation: Approve the Minutes of the Regular Meeting of February 25, Background and Overview: The draft minutes of the February 25, 2019 meeting are prepared for the Council s review. Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk s counter at City Hall located at 7018 Pine Street, Hughson, CA.

43 City Council Minutes February 25, 2019 CITY OF HUGHSON Special City Council Session SAMARITAN VILLAGE ALMOND & WALNUT ROOM 7700 Fox Road, Hughson, CA MINUTES MONDAY, FEBRUARY 25, :30 P.M. CALL TO ORDER: Mayor Jeramy Young ROLL CALL: Present: Staff Present: FLAG SALUTE: INVOCATION: Mayor Jeramy Young Mayor Pro Tem George Carr Councilmember Harold Hill Councilmember Mark Fontana Councilmember Ramon Bawanan Raul L. Mendez, City Manager Ashton Gose, Deputy City Clerk Daniel J. Schroeder, City Attorney Lea Simvoulakis, Community Development Director Larry Seymour, Chief of Police Services Lisa Whiteside, Finance Manager Sam Rush, Public Works Superintendent Sarah Chavarin, Accounting Technician Alexis Rice-Peltier, Customer Service Clerk Carson Hatch, City Council Student Representative Mayor Jeramy Young Hughson Ministerial Association 1. STATE OF THE CITY ADDRESS, PRESENTED BY MAYOR JERAMY YOUNG ADJOURN TO A RECESS AND REFRESHMENTS (Approximately 30 Minutes) 7:16 P.M. Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk s counter at City Hall located at 7018 Pine Street, Hughson, CA. 1

44 City Council Minutes February 25, 2019 RECONVENE TO THE REGULAR CITY COUNCIL MEETING 7:48 P.M. 2. PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken): NONE. 3. PRESENTATIONS: 3.2: Community Planning Assessment Tool (Downtown Revitalization). Bruce Barraco with The Planners Emeritus Network presented on the Hughson Downtown Revitalization Project. 4. CONSENT CALENDAR: All items listed on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Councilmember for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote. 4.1: Approve the Minutes of the Regular Meeting of February 11, : Approve the Warrants Register. 4.3: Consideration to Accept the Quarterly City of Hughson Legislative Report. 4.4: Approve the Treasurer s Report March : Approve the Treasurer s Report: Investment Portfolio Report March YOUNG/CARR presented. motion passes to approve the Consent Calendar as 5. UNFINISHED BUSINESS: 5.1: Approve Memorandum of Understanding (MOU) with the Non-profit Group Public Health Advocates and Kounkuey Design Initiative to Facilitate the Design and Development of Lebright Fields and Authorize City Manager to Execute the MOU. Director Simvoulakis presented the staff report on this item. BAWANAN/HILL motion passes to approve a Memorandum of Understanding (MOU) with the Non-profit Group Public Health Advocates and Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk s counter at City Hall located at 7018 Pine Street, Hughson, CA. 2

45 City Council Minutes February 25, 2019 Kounkuey Design Initiative to Facilitate the Design and Development of Lebright Fields and Authorize the City Manager to Execute the MOU. 6. PUBLIC HEARING TO CONSIDER THE FOLLOWING: 6.1: Introduce and Waive the First Reading of Ordinance No , Amending Chapters and of the Hughson Municipal Code Concerning Responsibility for Water and Sewer Charges. City Attorney Schroeder presented the staff report on this item. Mayor Young opened the Public Hearing at 8:31 p.m. There was no public comment. Mayor Young closed the Public Hearing at 8:32 p.m. FONTANA/CARR motion passes to Introduce and Waive the First Reading of Ordinance No , Amending Chapters and of the Hughson Municipal Code Concerning Responsibility for Water and Sewer Charges. 7. NEW BUSINESS: NONE. 8. CORRESPONDENCE: NONE. 9. COMMENTS: 9.1: Staff Reports and Comments: (Information Only No Action) City Manager: City Manager Mendez informed the City Council that the City/School 2+2 Committee meeting will be held on Monday, March 11, 2019, and that the City/Fire 2+2 Committee Meeting will be held Wednesday, March 13, Community Development Director: Director Simvoulakis informed the City Council that a responsible bidder had been recognized for the Santa Fe Overlay Project (Phase I), and more information would be brought to the next scheduled City Council Meeting. Police Services: Chief Seymour provided the City Council with the latest Crime Statistic Report. Student Representative: Student Representative Hatch informed that City Council that Hughson High School recently had a Jazz Band performance, and all the Winter Sports Banquets. Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk s counter at City Hall located at 7018 Pine Street, Hughson, CA. 3

46 City Council Minutes February 25, : Council Comments: (Information Only No Action) Councilmember Bawanan attended the Chamber of Commerce Mixer on February 21, 2019 at Don t Panic It s Organic. He also attended a fundraiser for the Turlock Theater. He will be attending the Hughson Fruit and Nut Festival kick off meeting on February 26, He thanked City staff, and the Sheriffs Department for all the hard work. Councilmember Hill attended the Chamber of Commerce Mixer on February 21, 2019, at Don t Panic It s Organic. Mayor Pro Tem Carr provided a reminder about Love Hughson, on April 13, : Mayor s Comments: (Information Only No Action) Mayor Young attended a League of California Cities Board Meeting in Grass Valley. 10. CLOSED SESSION TO DISCUSS THE FOLLOWING: 10.1: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section : one (1) case 11. REPORT FROM CLOSED SESSION: All the Councilmembers were present and there was no reportable action. ADJOURNMENT: YOUNG/HILL motion passes to adjourn the meeting at 9:07 P.M. JERAMY YOUNG, Mayor ASHTON GOSE, Deputy City Clerk Any documents produced by the City and distributed to a majority of the City Council regarding any item on this Agenda will be made available at the City Clerk s counter at City Hall located at 7018 Pine Street, Hughson, CA. 4

47 CITY OF HUGHSON AGENDA ITEM NO. 3.2 SECTION 3: CONSENT CALENDAR Meeting Date: March 11, 2019 Subject: Approval of Warrants Register Enclosure: Warrants Register Presented By: Lisa Whiteside, Finance Manager Approved By: Staff Recommendation: Approve the Warrants Register as presented. Background and Overview: The warrants register presented to the City Council is a listing of all expenditures paid from February 20, 2019 through March 7, Fiscal Impact: There are reductions in various funds for payment of expenses.

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52 CITY OF HUGHSON AGENDA ITEM NO. 3.3 SECTION 3: CONSENT CALENDAR Meeting Date: March 11, 2019 Subject: Approval to Adopt Resolution No , Waiving Fees for the City-Wide Yard Sale Scheduled for April 6 April 7, 2019 Presented By: Ashton Gose, Management Analyst Approved By: Staff Recommendation: Adopt Resolution No , waiving fees for the City-Wide Yard Sale scheduled for April 6 April 7, Background and Overview: Over the last few years, the City-Wide Yard Sale has been scheduled the same weekend as the Hughson Fruit and Nut Festival. Last year, City staff received many suggestions from Hughson residents requesting the City-Wide Yard Sale be unaccompanied by the Hughson Fruit and Nut Festival. The City-Wide Yard Sale serves as a great way for the community and neighborhoods to come together and participate together in a fun event, plus an opportunity for City staff to remind the residents that everything they do not sell they can dispose of at the clean-up day event scheduled on May 4, Another aspect that the City appreciates is that the City-Wide Yard Sale Event brings more people into town, not only visit the yard sales, but to also patronize local businesses in Hughson. City staff plans to make residents aware of the event dates through various avenues including City s Facebook page, NextDoor and the Utility Newsletter. Fiscal Impact: The City of Hughson Yard Sale Application/Permit Fee is a nominal $5 (for no more than two consecutive days) for the first occurrence and $30 for each

53 subsequent occurrence within a 12-month period. To encourage participation, the City Council historically has waived this fee for residents for this weekend.

54 CITY OF HUGHSON CITY COUNCIL RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON WAIVING THE ESTABLISHED YARD SALE FEES FOR THE CITY-WIDE YARD SALE EVENT SCHEDULED FOR APRIL 6 APRIL 7, 2019 WHEREAS, the Hughson City Council and the City of Hughson supports local businesses and actively pursues ways to provide that support; and WHEREAS, City-Wide Yard Sale Events are successful in attracting people from other areas into cities and towns, as demonstrated by other cities within California; and WHEREAS, these types of events provide opportunities for citizens to come together socially as well as visit the commercial establishments Hughson has to offer; and WHEREAS, the waiving of the fee will serve the public purpose of creating a city-wide activity that enhances civic pride as well as provide an increase ability of the citizens of the City to sell items of value that might otherwise be discarded into landfills, and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby waive the established Yard Sale Fees for the City-Wide Yard Sale Event scheduled for Saturday April 6 and Sunday April 7, PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting held on this 11 th day of March 2019, by the following roll call votes: () AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: JERAMY YOUNG, Mayor ASHTON GOSE, Deputy City Clerk

55 CITY COUNCIL AGENDA ITEM NO. 3.4 SECTION 3: CONSENT CALENDAR Meeting Date: March 11, 2019 Subject: Approval to Waive the Second Reading and Adopt Ordinance No , Amending Chapters and of the Hughson Municipal Code Concerning Responsibility for Water and Sewer Charges Presented By: Raul L. Mendez, City Manager Daniel J. Schroeder, City Attorney Approved By: Staff Recommendation: Waive the second reading and adopt of Ordinance No , amending Chapters and of the Hughson Municipal Code concerning responsibility for water and sewer charges. Background: The Hughson Municipal Code Chapters and currently provide procedures for the payment of water and sewer services. The proposed amendments would identify the property owner as the party responsible for rates, charges and fees for water and sewer service. Discussion: Currently, the Hughson Municipal Code does not explicitly identify the responsible party for the payment of water and sewer services. Service is typically initiated by either the owner of the property, a property management company or a tenant. As such, there are instances where it is difficult for City staff to collect payment on delinquent utility accounts, as in the case where the customer is the tenant. The customer may move out of the City and if a balance is due, the City s option for collections are more limited and at times not effective. The result is an accumulation of delinquent charges and fees that are not entirely collected, recorded as bad debt and eventually cleared over time due to unsuccessful attempts at collection. Upon researching what other municipalities do to address this loss of revenue issue, it was discovered that many jurisdictions identify the property owner as the responsible party for rates, charges and fees as the property owner. Doing so,

56 provides the City with firmer tools for collection purposes in the event on nonpayment and account delinquency. Therefore, it becomes the owner s responsibility to ensure that the account for their respective property/properties are in good standing. Furthermore, the onus for any changes of address lies with the owner thereby improving the communication with City Hall. There are times where the City is unaware of changes that may occur and only becomes aware when a new resident (or customer) comes to City Hall to initiate the utility service. Additionally, the proposed amendments are drafted broadly to encompass those situations where the owner directs someone else to pay the bills. This will cover not only landlord/tenant situations, but also property management situations and any situation where the owner directs the bills to another person. The proposed amendment, if approved, will require a change in the City s administrative process and that bills be sent to the owner of record unless the owner directs that the bills be sent to another person or location. The owner will be required to fill out a form signed will billing instructions and a provision that they acknowledge that this are still liable for the bills. On February 25, 2019, the Hughson City Council waived the first reading of the proposed ordinance and held a public hearing. The City Council had an opportunity to ask questions and seek clarification from City staff regarding the ordinance and its elements. The Council inquired the annual amount of uncollected charges typically outstanding. City staff indicated that it would provide additional information in the subsequent staff report and as such additional information is provided in the Fiscal Impact section. There were no public comments provided during the public hearing. Fiscal Impact: It is anticipated that this change, if approved, would assist City staff with the collection of rates, charges and fees for water and sewer service for non-payment thus ensuring that revenue associated with these enterprise funds are received. The current balance outstanding (not including the Dairy Farmers of America account) is nearly $70,000.

57 CITY OF HUGHSON CITY COUNCIL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUGHSON, AMENDING CHAPTERS AND OF THE HUGHSON MUNICIPAL CODE CONCERNING RESPONSIBILITY FOR WATER AND SEWER CHARGES WHEREAS, the City of Hughson Municipal Code Chapters and currently provide procedures for the payment of water and sewer services; and WHEREAS, the City desires to amend Chapters and to identify the party responsible for the rates, charges and fees for water and sewer service. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUGHSON DOES ORDAIN AS FOLLOWS: Section 1 Section of the Hughson Municipal Code is added to read in full as follows: Liability for Charges. (a) The property owner, as determined by the real property tax roll of the county assessor, is liable for payment of sewer service provided by the City either directly, through contract or permit, and shall be liable for the rates, charges and fees for that service as established by the City. In situations where someone other than the property owner occupies the property receiving the service or the property owner directs that payment for services be directed to another person, the owner of the property shall be primarily liable for payment of services, though the occupant or another person may pay the charges on behalf of the property owner. (b) It is the responsibility of the owner of the real property to provide the City with the current billing address and to notify the City of any changes of address. (c) It shall be and is hereby made the duty of each property owner to ascertain from the City the amount and due dates of any rates, charges and fees for which the property owner is liable. It shall also be and is hereby made the duty of each owner liable for the rates, charges and fees to inform the City immediately of all circumstances, and of any change(s) in any circumstances which will in any way affect the applicability or the amount of any rates, charges and fees to the premises where sewer service is being received. Section 2 Section of the Hughson Municipal Code is added to read in full as follows: Liability for Charges

58 (a) The property owner, as determined by the real property tax roll of the county assessor, is liable for payment of water service provided by the City either directly, through contract or permit, and shall be liable for the rates, charges and fees for that service as established by the City. In situations where someone other than the property owner occupies the property receiving the service or the property owner directs that payment for services be directed to another person, the owner of the property shall be primarily liable for payment of services, though the occupant or other person may pay the charges on behalf of the owner. (b) It is the responsibility of the owner of the real property to provide the City with the current billing address and to notify the City of any changes of address. (c) It shall be and is hereby made the duty of each property owner to ascertain from the City the amount and due dates of any rates, charges and fees for which the property owner is liable. It shall also be and is hereby made the duty of each owner liable for the rates, charges and fees to inform the City immediately of all circumstances, and of any change(s) in any circumstances which will in any way affect the applicability or the amount of any rates, charges and fees to the premises where water service is being received. Section 3 If any provision of this Ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the validity of any particular portion thereof. Section 4 This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 5 Within fifteen (15) days after its final passage, the City Clerk shall cause a summary of this Ordinance to be published in accordance with California Government Code section Section 6 This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date. The foregoing Ordinance was introduced and the title thereof read at the regular meeting of the City Council of the City of Hughson held on February 25, 2019, and by a vote of the Council members present, further reading was waived. On motion of Councilperson, seconded by, the foregoing Ordinance was passed by the City Council of the City of Hughson at a regular meeting held on March 11, 2019, by the following votes:

59 AYES: NOES: ABSTENTIONS: ABSENT: JERAMY YOUNG, Mayor ATTEST: ASHTON GOSE, Deputy City Clerk

60 CITY OF HUGHSON AGENDA ITEM NO. 3.5 SECTION 3: CONSENT CALENDAR Meeting Date: March 11, 2019 Subject: Approval to Adopt Resolution No allowing the Stanislaus County Public Health Officer to enforce and observe all orders and quarantine regulations prescribed by the Stanislaus County Health Services Agency and other ordinances, regulations, and rules relating to public health, all as provided for in California Health and Safety Code Section Presented By: Sam Rush, Public Works Superintendent Approved By: Staff Recommendation: Adopt Resolution No , authorizing the Public Health Officer of the County of Stanislaus to enforce and observe all orders and quarantine regulations prescribed by the Stanislaus County Health Services Agency and other ordinances, regulations, and rules relating to public health, as provided for in California Health and Safety Code Section Background and Overview: The Public Health Officer of the County of Stanislaus provides emergency public health services to the unincorporated areas of the County and can provide the same services to cities within the county when necessary (for example, in a tuberculosis outbreak). The Public Health Officer currently provides guidance to cities throughout the county related to common health issues. There may be an instance when a declaration of a local health emergency for the City of Hughson may be needed. During an emergency or disaster, like enforced isolation or quarantine, the Public Health Officer is the only person allowed to make the declaration of a local health emergency. Stanislaus County has offered the services of their Public Health Officer to provide such emergency public health

61 services to cities throughout the county at no charge to the cities. The City does not currently have a certified Public Health Officer and would benefit from this partnership with the County. In order to provide this service, the Health and Safety Code requires that a formal agreement or resolution be approved by the City Council. This resolution is attached for your consideration. The Public Health Officer is willing to provide Hughson with public health services pursuant to Health and Safety Code (HSC) section upon adoption of a resolution or ordinance by the City of Hughson. HSC section provides that such services will begin the first day of July (2019) upon notice of adoption of a resolution by the City to the County if done so by the first day of March. However, the Public Health Officer is willing to begin providing services to Hughson thirty days after receiving notice of the City s adoption of the resolution delegating the aforementioned duties to the County s Public Health Officer. Fiscal Impact: There is no fiscal impact to the City associated with this item, as this service will be provided at no cost to the City.

62 CITY OF HUGHSON CITY COUNCIL RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON CONSENTING TO THE ENFORCEMENT OF ALL HEALTH LAWS WITHIN THE CITY OF HUGHSON BY THE STANISLAUS COUNTY PUBLIC HEALTH OFFICER WHEREAS, California Health & Safety Code Section requires a City to appoint a health officer except when the City Council has made arrangements for the County to exercise the same powers and duties within the City as are conferred upon by City health officers by law; and WHEREAS, California Health & Safety Code Section authorizes the County health officer to enforce all health laws within an incorporated city with the consent of City council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hughson does hereby consents to allow the Public Health Officer of the County of Stanislaus to enforce and observe within the city of Hughson: (A) all orders and quarantine regulations prescribed by the Stanislaus County Health Services Agency Public Health Division; and (B) other ordinances, regulations, and rules relating to public health; all as provided for in California Health & Safety Code Section NOW, THEREFORE, BE IT FURTHER RESOLVED, that the services provided by the Public Health Officer of the County of Stanislaus shall continue indefinitely until the City Council of the City of Hughson terminates the services. PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 11 th day of March 2019 by the following roll call vote: AYES: NOES: ABSTENTIONS: ABSENT:

63 JERAMY YOUNG, Mayor ATTEST: ASHTON GOSE, Deputy City Clerk

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65 CITY OF HUGHSON AGENDA ITEM NO 3.6 SECTION 3: CONSENT CALENDAR Meeting Date: March 11, 2019 Subject: Adopt Resolution No to approve the City of Hughson 2019 Senate Bill 1, Road Repair and Accountability Act, Local Streets and Roads Annual Reporting Program Project List Enclosure: Local Streets and Roads Annual Reporting Program Project List Presented By: Lea C. Simvoulakis, Community Development Director Approved By: Staff Recommendation: Adopt Resolution No , approving the City of Hughson 2019 Senate Bill 1, Road Repair and Accountability Act, Local Streets and Roads Annual Reporting Program Project List. Background and Overview: Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 was passed by the Legislature and signed into law by the Governor in April SB 1 establishes the Road Maintenance and Rehabilitation Program (RMRP) to address the significant deferred maintenance funding shortfall on the State s transportation system. The bill provides that funding shall be used for projects that include, but are not limited to: - Road maintenance and rehabilitation - Safety projects - Railroad grade separations - Complete street components - Traffic control devices The RMRP is anticipated to receive approximately $5.2 billion annually from: - A 12-cent per gallon gasoline excise tax - A 20-cent per gallon diesel excise tax increase - Vehicle registration surcharge; and - A new $100 per year zero-emission vehicle registration surcharge

66 SB 1 specifies the annual allocation of funds for several transportation programs listed in the bill. The remaining RMRA revenues will be split 50/50 between state highway and local streets maintenance and rehabilitation. SB 1 continuously appropriates the RMRA revenues to cities and counties using the same formula that applies to the existing base 18-cent per gallon gasoline excise tax. If a city has a pavement condition index (PCI) score of 80 or higher, it may spend the funds on other transportation priorities. As of October 2013, the City s PCI was 82. To date, the City of Hughson has received $101, in SB 1 funds. Staff expects that the City will receive approximately $128,000 in Fiscal Year The City will utilize these monies to maintain the City s good to excellent pavement condition and to help fund other projects to improve safety and increase bicycle and pedestrian options for the residents of Hughson. Staff is proposing to use SB 1 Funds for Phase II of the Santa Fe Overlay Project which will finish the work recently approved in Phase 1 for the second leg of Santa Fe, between Whitmore Avenue and 7 th Street. This project will hopefully be completed in the fiscal year. Staff is also listing the Locus Street Improvements as a project for SB 1 funds, which will improve the street and sidewalk in front of the Hughson Sports Complex between Orchard Lane and Euclid Avenue. This project is anticipated to be completed in the 2019 calendar year. The Whitmore Avenue Pedestrian Improvement Project will remain on the SB 1 Project list from last year and will hopefully be completed prior to the end of the 2021 calendar year. SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Hughson are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year. A project list is attached and will be submitted to Caltrans prior to May 1 st each year. Fiscal Impact: Revenue and corresponding expenditures from the SB 1 (RMRP) program will be included in the Fiscal Year Final Budget. Funding received each year will be included in the City s Annual Budget Process.

67 CITY OF HUGHSON CITY COUNCIL RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON APPROVING THE 2019 SENATE BILL 1, ROAD REPAIR AND ACCOUNTABILITY ACT, LOCAL STREETS AND ROADS ANNUAL REPORTING PROGRAM PROJECT LIST WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Hughson are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Hughson must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the budget, which must include a description and the location of each proposed project, a proposed schedule for the project s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Hughson is expected to receive an estimated $128,077 in RMRA funding in Fiscal Year from SB 1; and WHEREAS, City staff in coordination with the City Engineer uses all available tools and information to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Hughson maintain its highest pavement condition index (PCI) in the County, rehabilitate several streets/roads, add needed pedestrian and bicycle transportation infrastructure throughout the City into the future; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City s streets and roads are in an good to excellent condition and this revenue will help us increase the overall quality of our road system

68 and over the next decade will maintain our streets and roads in a good to excellent condition; and WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many and varied negative impacts on our community; and WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, the local street and road system is also critical for farm to market needs, interconnectivity, multimodal needs, and commerce; and WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site runoff; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure will have significant positive co-benefits statewide. NOW, THEREFORE IT IS HEREBY RESOLVED that the City Council of the City of Hughson does hereby approve the 2019 Senate Bill 1, Road Repair and Accountability Act, Local Streets and Roads Annual Reporting Program Project List, attached hereto as Exhibit A, which includes a carryover project from the 2018 Senate Bill 1 list.

69 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Hughson on this 11 th day of March 2019, by the following vote: () AYES: NOES: ABSTENTIONS: ABSENT: JERAMY YOUNG, Mayor ATTEST: ASHTON GOSE, Deputy City Clerk

70 EXHIBIT A 2019 Senate Bill 1, Road Repair and Accountability Act, Local Streets and Roads Annual Reporting Program Project List PROJECT From To Type Year Santa Fe Avenue 2" Pavement Whitmore Avenue 7th Street Maintenance 2019/2020 Overlay (Phase 2) Locus Street Improvement Orchard Lane Euclid Avenue Maintenance 2019 Carryover List Whitmore Avenue Slurry Seal E of Tully Road Charles Street Maintenance 2019

71 CITY COUNCIL AGENDA ITEM NO. 5.1 SECTION 5: PUBLIC HEARING Meeting Date: March 11, 2019 Subject: Approval to Introduce and Waive the First Reading of Ordinance No , Enacting Chapter 1.06 of the Hughson Municipal Code Prohibiting Recovery Costs for Criminal Violations of City Ordinances and Ordinance No , Amending Chapter 9.25 of the Hughson Municipal Code Concerning Underage Drinking/Social Host Liability Presented By: Monica Streeter, Deputy City Attorney Ashton Gose, Management Analyst Approved By: Staff Recommendation: Introduce and waive the first reading of Ordinance No , enacting Chapter 1.06 of the Hughson Municipal Code prohibiting recovery costs for criminal violations of City ordinances and Ordinance No , amending Chapter 9.25 of the Hughson Municipal Code concerning underage drinking/social host liability. Background: Assembly Bill No which prohibits a City, County, or City and County, including an attorney acting on behalf of a City, County, or City and County, from charging a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance, was approved and filed with the Secretary of the State on September 05, Discussion: As a result of the passing of Assembly Bill No. 2495, City staff reviewed the City of Hughson Municipal Code to determine if any policies might conflict with the enacted legislation, and to amend any portions of the ordinances as necessary to comply. The attached Ordinance No enacts a chapter of the Hughson Municipal Code that will prohibit the City against recovering costs from the defendant for criminal violations of ordinances. Chapter 1.06 of the Hughson Municipal Code is enacted to read in full as follows:

72 Section Prohibition against recovering costs from the defendant for criminal violations of ordinances. A. The City shall not charge any defendant, who criminally violates an ordinance, for the costs of investigation, prosecution, or appeal in a criminal case. This section shall not apply in any civil action or civil proceeding. B. Costs are defined as the salary, fees, and hourly rates paid to attorneys, law enforcement, and inspectors for their time spent investigating or enforcing the criminal violation of the ordinance. Nothing in this section shall construe costs as including the costs to remedy, abate, or restore any damage caused by the criminal violation of an ordinance. The attached Ordinance No , amends Chapter 9.25 of the Hughson Municipal Code concerning underage drinking/social liability. Ordinance Amendment Chapter 9.25 Underage Drinking/Social Host Liability There are two components of this City of Hughson Municipal Code Chapter that require amendments: 1) enforcement remedies and public nuisance; and 2) recovery of response costs. Below are the proposed amendments in order to conform to Assembly Bill No The additions to this code section are below in red and underlined Enforcement remedies In addition to any other remedies available by law, including criminal prosecution, the city of Hughson may seek administrative penalties, response costs, and other costs associated with enforcement of HMC and , through all remedies or procedures provided by statute, ordinance, or law, including but not limited to, HMC Title 1, HMC and shall not limit the authority of peace officers to make arrests for any criminal offense arising out of conduct regulated by HMC and Nothing in this section shall be deemed to allow the City to recover costs prohibited by HMC Chapter If a violation of HMC and/or is prosecuted administratively the mandatory minimum penalty shall be $ for the first offense, and $1,000 for a second offense, and $1,500 for a third offense in a 12-month period Public nuisance and recovery of response costs. C. When law enforcement, fire, or other emergency response provider responds to a gathering at which a minor obtains, possesses, or uses alcoholic beverages within the city of Hughson, all responsible persons and/or social host(s) shall be jointly and severally liable for the city of Hughson s response costs to abate the nuisance. Nothing in this section shall be deemed to allow the City to recover costs prohibited by HMC Chapter 1.06.

73 City staff is recommending these items to conform with Assembly Bill No. 2495, which prohibits the City from recovering the costs of investigations, prosecution, or appeal in criminal cases. Fiscal Impact: There is no immediate fiscal impact associated with the approval of these items.

74 CITY OF HUGHSON CITY COUNCIL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUGHSON ENACTING CHAPTER 1.06 OF THE HUGHSON MUNICIPAL CODE PROHIBITING RECOVERY OF COSTS FOR CRIMINAL VIOLATIONS OF CITY ORDINANCES WHEREAS, certain violations of the City of Hughson Municipal Code can constitute a criminal violation; and WHEREAS, Assembly Bill 2495 prohibits the City from recovering costs for the criminal violation of an ordinance; and WHEREAS, the City desires to enact Chapter 1.06 to conform with Assembly Bill 2495, which prohibits the City from recovering the costs of investigations, prosecution, or appeal in criminal cases; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUGHSON DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1.06 of the Hughson Municipal Code is enacted to read in full as follows: Section Prohibition against recovering costs from the defendant for criminal violations of ordinances. A. The City shall not charge any defendant, who criminally violates an ordinance, for the costs of investigation, prosecution, or appeal in a criminal case. This section shall not apply in any civil action or civil proceeding. B. Costs are defined as the salary, fees, and hourly rates paid to attorneys, law enforcement, and inspectors for their time spent investigating or enforcing the criminal violation of the ordinance. Nothing in this section shall construe costs as including the costs to remedy, abate, or restore any damage caused by the criminal violation of an ordinance. Section 2. If any provision of this Ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not effect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the validity of any particular portion thereof

75 Section 3. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4. Within fifteen (15) days after its final passage, the City Clerk shall cause this Ordinance to be published in full in accordance with California Government Code section Section 5. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date. The foregoing Ordinance was introduced and the title thereof read at the regular meeting of the City Council of the City of Hughson held on,, 2018, and by a vote of the Council members present, further reading was waived. On motion of Councilperson, seconded by, the foregoing Ordinance was passed by the City Council of the City of Hughson at a regular meeting held on,, 2018, by the following votes: PASSED AND ADOPTED by the Hughson City Council at a regular meeting thereof held on, 2019, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: JERAMY YOUNG, Mayor ATTEST: ASHTON GOSE, Deputy City Clerk

76 CITY OF HUGHSON CITY COUNCIL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUGHSON, AMENDING CHAPTER 9.25 OF THE HUGHSON MUNICIPAL CODE CONCERNING UNDERAGE DRINKING/SOCIAL HOST LIABILITY WHEREAS, the City of Hughson Municipal Code recognizes certain ordinance violations constitute misdemeanors; and WHEREAS, Assembly Bill 2495 prohibits the City from recovering costs for the criminal violation of the violation of an ordinance; and WHEREAS, the City desires to amend Chapter 9.25 to conform with Assembly Bill 2495, which prohibits the City from recovering the costs of investigation, prosecution, or appeal in criminal cases; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUGHSON DOES ORDAIN AS FOLLOWS: Section 1. Section of the Hughson Municipal Code is amended to read in full as follows: Enforcement remedies. In addition to any other remedies available by law, including criminal prosecution, the city of Hughson may seek administrative penalties, response costs, and other costs associated with enforcement of HMC and , through all remedies or procedures provided by statute, ordinance, or law, including but not limited to, HMC Title 1, HMC and shall not limit the authority of peace officers to make arrests for any criminal offense arising out of conduct regulated by HMC and Nothing in this section shall be deemed to allow the City to recover costs prohibited by HMC Chapter If a violation of HMC and/or is prosecuted administratively the mandatory minimum penalty shall be $ for the first offense, and $1,000 for a second offense, and $1,500 for a third offense in a 12-month period. Section 2. Section (C) of the Hughson Municipal Code is amended to read in full as follows: Public nuisance and recovery of response costs

77 C. When law enforcement, fire, or other emergency response provider responds to a gathering at which a minor obtains, possesses, or uses alcoholic beverages within the city of Hughson, all responsible persons and/or social host(s) shall be jointly and severally liable for the city of Hughson s response costs to abate the nuisance. Nothing in this section shall be deemed to allow the City to recover costs prohibited by HMC Chapter Section 3. If any provision of this Ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not effect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the validity of any particular portion thereof. Section 4. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 5. Within fifteen (15) days after its final passage, the City Clerk shall cause this Ordinance to be published in full in accordance with California Government Code section Section 6. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date. The foregoing Ordinance was introduced and the title thereof read at the regular meeting of the City Council of the City of Hughson held on,, 2018, and by a vote of the Council members present, further reading was waived. On motion of Councilperson, seconded by, the foregoing Ordinance was passed by the City Council of the City of Hughson at a regular meeting held on,, 2018, by the following votes: PASSED AND ADOPTED by the Hughson City Council at a regular meeting thereof held on, 2019, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT:

78 JERAMY YOUNG, Mayor ATTEST: ASHTON GOSE, Deputy City Clerk

79 CITY OF HUGHSON AGENDA ITEM NO. 6.1 SECTION 6: NEW BUSINESS Meeting Date: March 11, 2019 Subject: Approval to Adopt Resolution No , Awarding the Santa Fe Overlay Project (Phase I) Bid to T&S Intermodal, dba T&S West in the amount of $413,497 and Authorizing a 10% Construction Contingency as well as a 10% Setaside for Construction Management Presented By: Lea Simvoulakis, Community Development Director Enclosures: Resolution No Approved By: Staff Recommendation: 1. Adopt Resolution No., awarding the Santa Fe Overlay Project (Phase1) to T&S Intermodal, dba T&S West in the amount of $413,497 and authorizing a 10% construction contingency as well as a 10% construction set-aside for construction management. 2. Authorize the City Manager to execute the final construction contract with the lowest responsible bidder inclusive of any final edits by the City Attorney. Background: On January 14, 2019, the Hughson City Council authorized staff to release bid documents for the Santa Fe Overlay Project (Phase 1). This project consists of widening Santa Fe Avenue to 28 feet and grinding/milling the entire existing roadway 1 deep and applying an overlay of asphalt concrete at a minimum depth of 2. The project limits are between Hatch Road and Whitmore Avenue (approximately 1.2 miles). On February 19, 2019, the City held a bid opening for the first phase of the larger project and received six sealed bids. The bids received are listed below: 1. T&S Intermodal $ 413, United Pavement Maintenance $ 438,193

80 3. George Reed Construction $ 463, Machado and Sons $ 469, Knife River $ 494, Cal Valley Construction $ 513, The City Engineer s estimate for the project was $394,034, which was $19,463 lower than the apparent lowest bid. At the last Council meeting, the Council anticipated a 10% Construction Management/Inspection cost based on the engineer s lower bid. Peter Rei, the City s Engineer, believes that the previously anticipated 10% construction management set aside ($39,403.40) will still be sufficient to manage the project. The 10% construction contingency fee will be based on the new lowest bid ($41,349.70). After reviewing all of the bids, the apparent lowest bid was analyzed to make sure that it met the City of Hughson s request for the project. After reviewing the apparent lowest bid, it was determined that the bidder was a responsible bidder and could therefore be awarded the contract. Therefore, it is appropriate for the Council to award the bid for the Santa Fe Overlay project this evening to T&S Intermodal dba T &S West. The contract specifies that the contractor will commence work within 10 days after the Notice to Proceed (NTP) is issued. Ideally, this work will begin as soon as possible and the City will work with the contractor to establish a start date for the project. The contract requires that the contractor complete the work within 90 calendar days from the date established in the Notice to Proceed. Fiscal Impact: The proposed project will cost a total of $494, when the construction contingency and construction management fee are added to the bid price. The project is funded with Measure L funds. Since inception of the Measure L funding, the City has received $420, for Local Streets and Road Repair and Maintenance. A payment of $24, is expected to be received by the City in the coming weeks. A total of $49, was spent in Fiscal Year for necessary design and engineering work associated with this project, making $395, remaining to fund the proposed project. For the months of February June 2019 the City previously anticipated that only $100,000 more dollars in Measure L funding would be received to complete the project. At this time, staff anticipates that the total funds to be received for Measure L over the next five months will be closer to $120,000. The additional $100,000 to $120,000 added to the existing $395, in funds will be sufficient to cover the project costs. Should there be any unexpected costs that arise during the project, the City also has funds available through SB 1 funding. The Santa Fe Overlay Project was identified in the approved list of projects eligible to be funded through this source. The City currently has $101, in SB1 funds

81 available, and anticipates at least $55,000 more to be received during the remaining fiscal year. The City of Hughson s Fiscal Year Adopted Budget included $255,104 for the Santa Fe Overlay Project. Any necessary budget adjustments associated with this project will be done during the mid-year process.

82 CITY COUNCIL CITY OF HUGHSON RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON AWARDING THE SANTA FE OVERLAY PROJECT (PHASE 1) TO LOW BIDDER T&S INTERMODAL, dba T&S WEST IN THE AMOUNT OF $413497, AUTHORIZING A 10% CONSTRUCTION CONTNIGENCY AS WELL AS A 10% SET-ASIDE FOR CONSTRUCTION MANAGEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE FINAL CONSTRUCTION CONTRACT WITH THE RESPONSIBLE LOW BIDDER WHEREAS, the Santa Fe Overlay Project (Phase 1) was competitively bid pursuant to Public Contract Code 22032(c); and WHEREAS, bids were opened on February 19, 2019 and the responsible low bidder was T&S Intermodal, dba T&S West with a bid of $413,497.00; and WHEREAS, funding for the project is available through Measure L and SB 1 funds awarded to the City. The funding has been included in the City of Hughson Preliminary Fiscal Year Budget; and WHEREAS, a 10% construction contingency as well as a 10% construction management set-aside is needed for the project budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby award the Santa Fe Overlay Project (Phase 1) to low bidder T&S Intermodal, dba T&S West in the amount of $413,497, authorizes a 10% construction contingency as well as a 10% set-aside for construction management, and authorizes the City Manager to execute the final construction contract for the project with the responsible low bidder. PASSED AND ADOPTED by the City Council of the City of Hughson at its regularly scheduled meeting on this 11 th day of March 2019 by the following roll call vote: AYES: NOES: ABSTENTIONS: ABSENT:

83 JERAMY YOUNG, Mayor ATTEST: ASHTON GOSE, Deputy City Clerk

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