Adopt a Resolution approving the plans and specifications for the Annual Pavement Management System Project (TR ), rejecting the low bid from

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1 Table of Contents Agenda 3 Closed Session Agenda Agenda 6 Recognition of Katharine Bourassa for her Service on the American Canyon Planning Commission from February 2, August 31, 2013 Certificate of Recognition 7 Proclamation Proclaiming September 15 - October 13, 2013 as National Hispanic Heritage Month Proclamation 8 Proclamation Declaring the Month of September 2013 as National Alcohol and Drug Addiction Recovery Month Proclamation 9 Council Committee Reports Committee Report - Garcia 10 Committee Report - Joseph, Committee Report - Joseph, Committee Report - Leary 15 Adopt a Resolution authorizing the City Manager to execute a contract amendment for $8,400 with Pacific Municipal Consultants to establish a Fair Share Impact Fee Program for the Napa Junction/SR-29 Intersection Reimbursement Agreement and establishes the Fiscal Year budget of $57,400 in the Traffic Impact Fee Account to pay for professional services Staff Report 16 Resolution 19 Att 2 21 Consideration of Minutes of the Regular City Council/Fire Protection District Board Meeting of September 3, 2013 Minutes 24 JOINT CITY/ACFPD - Adopt Resolutions approving appropriations limits for the City of American Canyon and the American Canyon Fire Protection District for fiscal year Staff Report and Resolutions 27 Attachment A 35 Attachment B 37 Adopt a Resolution authorizing the City Manager to execute a Joint Powers Agreement with the City of Napa for the mutual provision of public works contract services. Staff Report 39 Resolution 41 Agreement 42 1

2 Adopt a Resolution approving the plans and specifications for the Annual Pavement Management System Project (TR ), rejecting the low bid from Talley Oil, authorizing an agreement with the second low bidder Graham Contractors, Inc., in the amount of $272,665 and increasing the FY 2013/14 project budget by $133,245. Staff Report 50 Resolution 52 Appendix A 54 2

3 City of American Canyon CITY COUNCIL AND FIRE DISTRICT BOARD Regular Meeting 4381 Broadway, Suite 201 Tuesday, September 17, :30 PM AGENDA ELECTED OFFICIALS: Mayor Leon Garcia, Councilmembers Joan Bennett, Belia R. Bennett, Mark Joseph, Kenneth I. Leary Public Notices: Public Comment: Special Assistance: Closed Sessions: Cellular Phones: Fire District Board: Open Meetings Act: Reading of Ordinance Titles: Presentations: To speak about an item on the Agenda or under Public Comment, please complete a Speaker s Card and submit to the City Clerk before the beginning of the meeting. All public meetings and events sponsored or conducted by the City of American Canyon are held in accessible sites. Requests for accommodations may be made by calling (707) (voice) or 711 for the California Relay Service or ing the ADA Coordinator, Sue Casey, Administrative Services Director at scasey@cityofamericancanyon.org no less than 72 hours in advance of the event. Copies of documents distributed at the meeting are available in alternative formats upon request. The City Council/Joint Fire District Board convenes at the stated time, but will adjourn to any Closed Session items on the Agenda. The Council will reconvene in Open Session at 6:30 p.m. If necessary, the Council may reconvene in Closed Session to continue discussion of listed items following the completion of other business. Thank you for placing your cell phone on silent/vibrate. Use of cell phones in the City Council Chambers may compromise microphone sound quality. Fire District Board items are identified with the letters ACFPD next to the item. Any writings or documents provided to a majority of the City Council regarding any item on this Agenda are available during normal business hours, for public inspection in the Office of the City Clerk, City Hall, 4381 Broadway, American Canyon. Government Code Section requires that all ordinances are read in full prior to Council action. By listing the ordinance title on the Council meeting agenda, Council may deem that the title has been read in compliance with GC Section Any member of the public wishing to use audio/video equipment as part of a public presentation must contact the City Clerk s Office at to make arrangements at least one week in advance of the meeting. A. CALL TO ORDER B. FLAG SALUTE Call Hablamos Español Nagtatagalog po kami 3

4 C. ROLL CALL D. REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION: 1. Closed Session Agenda E. CITY CLERK ANNOUNCEMENT PURSUANT TO GOV CODE : F. PROCLAMATIONS AND PRESENTATIONS: a. Recognition of Katharine Bourassa for her Service on the American Canyon Planning Commission from February 2, August 31, 2013 b. Proclamation Proclaiming September 15 - October 13, 2013 as National Hispanic Heritage Month c. Proclamation Declaring the Month of September 2013 as National Alcohol and Drug Addiction Recovery Month G. MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS: The Mayor and Council may comment on matters of public concern and announce matters of public interest; no collective Council action will be taken. a. Council Committee Reports H. PUBLIC COMMENT: Any person may address a matter on the Consent Calendar or a matter not listed on the agenda that is within the jurisdiction of the City Council/Fire District. However, state law prohibits action by the legislative body on items not on the Agenda. Public comment on matters listed under Public Hearings or Business will be taken up at the time the matter is considered. Please limit comments to 3 minutes unless the Mayor/Council grant further time. I. AGENDA CHANGES: The Mayor/ Council may change the order of the Agenda or request discussion of a Consent Item. A member of the Public may request discussion of a Consent Item by completing a Speaker s Card and presenting it to the City Clerk prior to Public Comment. J. CONSENT ITEMS: Consent Items are routine matters enacted by one motion according to the recommendation. 1. Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment for $8,400 with Pacific Municipal Consultants to establish a Fair Share Impact Fee Program for the Napa Junction/SR-29 Intersection Reimbursement Agreement and establishes the Fiscal Year budget of $57,400 in the Traffic Impact Fee Account to pay for professional services Contact: Brent Cooper, AICP, Community Development Director 2. Recommendation: Consideration of Minutes of the Regular City Council/Fire Protection District Board Meeting of September 3, 2013 Contact: Rebekah Barr, MMC, City Clerk Call Hablamos Español Nagtatagalog po kami 4

5 3. Recommendation: JOINT CITY/ACFPD - Adopt Resolutions approving appropriations limits for the City of American Canyon and the American Canyon Fire Protection District for fiscal year Contact: Susan Presto, Finance Manager Sue Casey, Administrative Services Director Glen E. Weeks, Fire Chief 4. Recommendation: Adopt a Resolution authorizing the City Manager to execute a Joint Powers Agreement with the City of Napa for the mutual provision of public works contract services. Contact: Dana Shigley, City Manager K. CONSENT ITEMS PULLED FOR DISCUSSION: L. PUBLIC HEARINGS: M. BUSINESS: 1. Recommendation: Adopt a Resolution approving the plans and specifications for the Annual Pavement Management System Project (TR ), rejecting the low bid from Talley Oil, authorizing an agreement with the second low bidder Graham Contractors, Inc., in the amount of $272,665 and increasing the FY 2013/14 project budget by $133,245. Contact: Jacques LaRochelle, P.E., P.L.S., Interim Public Works Director Cheryl A. Braulik, P.E., Senior Civil Engineer N. MANAGEMENT STAFF ORAL REPORTS: O. GENERAL ANNOUNCEMENTS: City Council Meetings are held the first and third Tuesdays of the month at 6:30 p.m. at the City Council Chambers, 4381 Broadway, unless otherwise posted. BOARDS and COMMISSIONS: Planning Commission: 4 th Thursday of each month at 6:30 p.m. Parks & Community Services Commission: 2 nd Thursday of each month at 6:30 p.m. Open Space Advisory Committee: 1 st Wednesday of each month at 6:30 p.m. P. ADJOURNMENT: Certification I, Rebekah Barr, MMC, City Clerk for the City of American Canyon, do hereby declare that the foregoing Agenda of the City Council/Fire District Board was posted in compliance with the Brown Act prior to the meeting date. Rebekah Barr, MMC, City Clerk Call Hablamos Español Nagtatagalog po kami 5

6 Mayor: Vice Mayor Council: Leon Garcia Mark Joseph Joan Bennett Kenneth Leary Belia R. Bennett City of American Canyon CITY COUNCIL AND FIRE PROTECTION DISTRICT BOARD 4381 Broadway, Suite 201 SPECIAL CLOSED SESSION AGENDA September 17, 2013 Public Notice: Leon Garcia, Mayor, has called the City Council/Fire District Board to convene in Special Closed Session at 5:30 p.m. 1. City Labor Negotiations - Pursuant to Government Code Section Agency Negotiator: Barbara Dillon Employee Organization: Mid-Management 2. Fire District Labor Negotiations Pursuant to Government Code Section Negotiator: Bruce Heid, IEDA 3. Public Employee Discipline/Dismissal/Release Pursuant to Government Code Section Conference with Real Property Negotiators Pursuant to Government Code Section Property: APN (portion) ADJOURNMENT: Certification I, Rebekah Barr, MMC, City Clerk for the City of American Canyon, do hereby declare that the foregoing Closed Session Agenda of the City Council/Fire District Board was posted in compliance with the Brown Act prior to the meeting date. Rebekah Barr Rebekah Barr, MMC, City Clerk Call Hablamos Español Nagtatagalog po kami 6

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15 City Council Member Kenneth Leary Council Report September 17, 2013 Saturday, September 7 th : AYSO parade and opening day. I had the joy of marching in the parade and serving hot chocolate and coffee in the visioning booth. Wednesday, September 11 th: 911 remembrance ceremonies at the Public Safety Building. 15

16 CITY OF AMERICAN CANYON COUNCIL AGENDA STAFF REPORT Meeting Date: September 17, 2013 CONSENT ITEM: 1 SUBJECT Adopt a Resolution authorizing the City Manager to execute a contract amendment for $8,400 with Pacific Municipal Consultants to establish a Fair Share Impact Fee Program for the Napa Junction/SR-29 Intersection Reimbursement Agreement and establishes the Fiscal Year budget of $57,400 in the Traffic Impact Fee Account to pay for professional services SUBMITTED BY Brent Cooper, AICP, Community Development Director BACKGROUND AND DISCUSSION: The City Council approved Resolution on February 5, 2013, increasing the Traffic Impact Fee Fund Other Professional Services account by $49,000 to pay for an update to the Citywide Traffic Impact Fee Ordinance. This budget amount was not rolled over into the current fiscal year so a budget adjustment to accommodate the traffic impact fee update is required. In addition, a budget and contract amendment is needed to provide studies and documentation for the City to establish a reimbursement district in accordance with the City s cost sharing agreement with WAL-MART for the traffic signal improvements at the intersection of Napa Junction Road and State Route 29. The PMC project team created for the Traffic Impact Study will also carry out the tasks for the reimbursement district. Contract amendment for the district formation will involve the following tasks: Review of the Cost Sharing Agreement, the Reimbursement Area (Exhibit D of the Agreement) and available background information such as project impact studies; Development and recommendation of an apportionments plan for spreading the cost to the area benefitting from the current traffic signal improvements; Review of the proposed cost apportionment plan with City staff and, at the City s discretion, with the affected property owners; Documentation of the reimbursement plan in an Engineer s Report that identifies the legal description of the benefit area (the set of properties subject to the reimbursement fee), describes the methodology for apportioning the fee and establishes the fee, payable upon issuance if a building permit, for each benefitting property based on an analysis of the property s future use and impact on the intersection consistent with the General Plan and; Attendance and presentation of the Engineer s Report at a City Council adoption hearing. Although the Walmart Reimbursement Agreement required the City to pay $179,796 initially as our fair share for City Hall, it is important to note that the apportionment component of the new 16

17 Consent Item September 17, 2013 fee program effort will accurately determine the area of benefit and share attributable to each impacted parcel. If the area of benefit depicted in the Walmart Reimbursement Agreement is modified and the City s share is less than $179,796, we will be able to recover any amount overpaid from future assessments on other parcels. PMC prepared a scope of work, dated August 23, 2013, to complete the tasks leading to formation of a reimbursement district on a time and materials basis. Work will begin immediately and a preliminary draft of the Engineer s Report is expected for City staff review within 5-6 weeks after start of work. The proposed budget of $57,400 consists of $7,000 plus a $1,400 contingency for the new work effort plus $49,000 to rollover last fiscal year s approved contract allocation into the current fiscal year. FISCAL IMPACT The City Council allocated traffic impact fee resources and associated expenses for the traffic impact fee update in the previous fiscal year. Modification to the current fiscal year budget for this work effort will not result in any additional fiscal impact to the City. In order to establish a program to collect fair share contributions from discretionary projects within the Reimbursement Area, a fee program must be setup. The cost to setup this program is $8,400. The $8,400 will be paid from the Traffic Impact Fee Fund. A budget for account in the amount of $57,400 will be established for FY ENVIRONMENTAL DETERMINATION Not applicable. COUNCIL PRIORITY PROJECTS AND PROGRAMS This action does not directly support any of the Council s established priority projects or programs. However, this action is important as it resolves an outstanding obligation and reduces the overall amount of funds that require reimbursement for the Highway 29/Napa Junction Intersection traffic light. ALTERNATIVES N/A. STAFF RECOMMENDATIONS Staff recommends that City Council adopt a Resolution authorizing the City Manager to execute a contract amendment for $8,400 with Pacific Municipal Consultants to establish a Fair Share Impact Fee Program for the Napa Junction/SR-29 Intersection Reimbursement Agreement and establishes the Fiscal Year budget of $57,400 in the Traffic Impact Fee Account to pay for professional services. Attachments: 1. Resolution 2. Scope of Work Copies To: Dino Serafini, PMC Consultants 17

18 Consent Item September 17,

19 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT FOR $8,400 WITH PACIFIC MUNICIPAL CONSULTANTS TO ESTABLISH A FAIR SHARE IMPACT FEE PROGRAM FOR THE NAPA JUNCTION/SR-29 INTERSECTION REIMBURSEMENT AGREEMENT AND ESTABLISH THE FISCAL YEAR 2013/14 BUDGET OF $57,400 FROM THE TRAFFIC IMPACT FEE FUND TO PAY FOR PROFESSIONAL SERVICES WHEREAS, on May 21, 2013, the City Council approved the revised Wal-Mart traffic signal agreement; and WHEREAS, in order to establish a program to collect fair share contributions from discretionary projects within the Reimbursement Area, a fee program must be setup; and WHEREAS, funding for the establishment of a fair share reimbursement fee program was not included in the Fiscal Year 2013/14 Budget; and WHEREAS, Pacific Municipal Consultants submitted a cost of $7,000 plus a $1,400 contingency to prepare the fair share fee program; and WHEREAS, the source of the funds for the consultant s work effort is the Traffic Impact Fee Fund Account ; and WHEREAS, the approved Fiscal Year 2012/13 budget allocation of $49,000 for the Traffic Impact Fee Ordinance consultant contract needs to be rolled over into the current fiscal year budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby authorizes the City Manager to execute a contract amendment for $8,400 with Pacific Municipal Consultants to establish a Fair Share Impact Fee Program for the Napa Junction/SR-29 Intersection Reimbursement Agreement and establishes the Fiscal Year budget of $57,400 in the Traffic Impact Fee Account to pay for professional services. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 17 th day of September, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Leon Garcia, Mayor ATTEST: APPROVED AS TO FORM: 19 ATTACHMENT 1

20 Rebekah Barr, MMC, City Clerk William D. Ross, City Attorney 20

21 FIRST AMENDMENT TO THE STANDARD PROFESSIONAL SERVICES INDEPENDENT CONTRACTOR AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS 1. The City of American Canyon ("CITY") and Pacific Municipal Consultants ("CONSULTANT") have entered into an Agreement for professional services dated May 15, The Agreement provides for modification in writing by mutual agreement. NOW, THEREFORE, CITY and CONSULTANT agree as follows: to SERVICES AND COMPENSATION CONSULTANT agrees to modify the original Scope of Work Exhibit A to include professional services as listed in the attached proposal dated August 23, Exhibit B will be modified to add $8,400, with a total for the entire contract not to exceed $57,400. The services covered by the Amendment are similar to those addressed in the original Agreement, and the insurance requirements remain the same. 20 INSURANCE The services covered by the Amendment are similar to those addressed in the original Agreement, and the insurance requirements remain the same. 3.0 REMAINING PROVISIONS All other terms of the original Agreement remain in full force and effect. Executed on, 2013, at American Canyon, California CONSULTANT: By: Dana Shigley City Manager Philip 0. Carter President ATTACHMENT 2 21

22 P1c August 23, 2013 RECEIVED AU City of American Cnyor, Community Development Brent Cooper, AICP Community Development Director CITY OF AMERICAN CANYON 4381 Broadway, Suite 201 American Canyon, CA RE: AMENDMENT TO TRAFFIC IMPACT FEE NEXUS STUDY CONTRACT REIMBURSEMENT DISTRICT FORMATION Dear Brent PMC is pleased to submit this proposal for an amendment to our contract with the City of American Canyon for the Traffic Impact Fee Nexus Study. The amendment involves providing the studies and documentation needed for the City to establish a reimbursement district in accordance with the City s cost sharing agreement with WAL-MART for the traffic signal improvements at the intersection of Napa Junction Road and State Route 29. The PMC project team created for the Traffic Impact Study will also carry-out the tasks for the reimbursement district. Dino Serafini, PE, will be the project manager responsible for day-to-day management of the project team, schedule, and work products. Derek Wong, AICP, will provide support in the areas of data gathering and nexus analysis. Tom Bandy will act as advisor and provide quality control for the team. We anticipate that the contract amendment for the district formation will involve the following tasks: Review of the Cost Sharing Agreement, the "Reimbursement Area" (Exhibit D of the Agreement) and available background information such as project traffic impact studies; Develop and recommend an apportionment plan for spreading the cost to the area benefitting from the current traffic signal improvements; Review the proposed cost apportionment plan with City staff and, at the City s discretion, with the affected property owners; Document the reimbursement plan in an Engineer s Report that identifies the legal description of the benefit area (the set of properties subject to the reimbursement fee), describes the methodology for apportioning the fee, and establishes the fee, payable upon issuance of a building permit, for each benefitting property based on an analysis of the property s future use and impact on the intersection consistent with the General Plan, and; Attendance and presentation of the Engineer s Report at a City Council adoption hearing. We will coordinate the reimbursement district work with the traffic impact fee program as appropriate Prospect Park Drive, Suite 220 Rancho Cordova, CA P: (916)

23 Brent Cooper, AICP August 23, 2013 Page 2 PMC proposes to complete the tasks leading to formation of a reimbursement district on a time and materials basis not to exceed $7,000, including other direct costs. We will begin work immediately upon execution of the amendment and expect to complete a preliminary draft Engineer s Report for review by City staff within 5 to 6 weeks after we begin. The person authorized to bind the company contractually is: Philip Carter, President Pacific Municipal Consultants, dba PMC (A California Corporation) 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA (916) We appreciate the opportunity to propose on this project and look forward to answering any questions you may have. Project manager Dino Serafini may be contacted toll free at (866) , ext , or by at dserafinipmcworld.com in the event any clarification is needed regarding the contents of our proposal. Sincerely, A &~ Philip 0. Carter President Aerafiw Project Manager PQC:ds:ac:mm W:American Canyon, City omm&ican Canyon Circulation Im pact Fee-I I \Walmart Reimbursement\Amendment No, 1 Propotaidocx 23

24 CONSENT ITEM: 2 City of American Canyon CITY COUNCIL AND FIRE DISTRICT BOARD REGULAR MEETING 4381 Broadway, Suite 201 September 3, 2013 MINUTES A. CALL TO ORDER Mayor Garcia called the meeting to order at 6:26pm. B. FLAG SALUTE C. ROLL CALL Present: Council Members B. Bennett, J. Bennett, Joseph, Leary and Mayor Garcia Absent: None D. REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION Mayor Garcia noted that there was no closed session held. E. CITY CLERK ANNOUNCEMENT PURSUANT TO GOV CODE : F. PROCLAMATIONS AND PRESENTATIONS G. MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS: Council Member Leary noted that he had attended the City Visioning Open House. Vice Mayor Joseph noted that he had also attended the City Visioning Open House. He also stated that there had been some progress in the Bocce Courts but was not able to give details at that time. Council Member B. Bennett stated that she had attended the Del Britton Grove dedication in St. Helena. Council Member J. Bennett spoke regarding meetings that she had attended including the Chamber of Commerce mixer and an emergency Local Agency Formation Commission (LAFCO) meeting regarding the resignation of Executive Director Keene Simonds. Mayor Garcia also noted that he had attended the City Visioning Open House and spoke regarding events he had attended. H. PUBLIC COMMENT: Pouran Shir, Am Can, spoke regarding the increase in program fees at the Senior Center. Sindy Beiderman, Am Can Troop Support, announced that there would be a ceremony at the American Canyon High School Football game on September 13 honoring military personnel, first responders and victims of 9/11. Beth Marcus, Am Can, spoke regarding the Oktoberfest event. I. AGENDA CHANGES: Council Member J. Bennett pulled item J.6 for separate consideration. 24 Page 1 of 3 City Council/Fire District Minutes September 3, 2013

25 CONSENT ITEM: 2 J. CONSENT ITEMS: Motion by Vice Mayor Joseph, seconded by Council Member B. Bennett, to approve the Consent Calendar including Resolution # , # , Joint Resolution # /ACFPD # and Item J.6 pulled for separate consideration. Motion carried unanimously. 1. "ACFPD" Approve the employment contract between the American Canyon Fire Protection District ( District ) and Assistant Chief Blake Lawson (Glen Weeks, Fire Chief) Action: Employment Contract was approved 2. Adopt a Resolution authorizing an agreement between the City of American Canyon and the Napa County Flood Control and Water Conservation District to fund the Napa Countywide Storm Water Pollution Prevention Program (Jacques LaRochelle, P.E., P.L.S., Interim Public Works Director, Cheryl A. Braulik, P.E., Senior Civil Engineer, and Lou Leet, Environmental Specialist III) Action: Adopted as Resolution # Adopt a Resolution authorizing Amendment #3 to the agreement with Monk & Associates Environmental Consultants in the amount of $11,340 for preparation of a U.S. Army Corps of Engineers permit and Regional Water Quality Control Board certification for routine maintenance activities in the creek channels (Jacques LaRochelle, P.E., P.L.S., Interim Public Works Director and Cheryl A. Braulik, P.E., Senior Civil Engineer) Action: Adopted as Resolution # Adopt a Resolution accepting Green Island/Paoli Loop Road/Route 29 Emergency Vehicle Crossing (TR ) as complete and authorizing staff to file a Notice of Completion with the Napa County Clerk-Recorder (Jacques LaRochelle, P.E., P.L.S., Interim Public Works Director, Glen Weeks, Fire Chief and Cheryl A. Braulik, P.E., Senior Civil Engineer) Action: Approved as Joint Resolution # /ACFPD Resolution # Review and file a report on water availability and consumption in the water service area outside the boundaries of the City (Jacques LaRochelle, P.E., P.L.S., Interim Public Works Director and Steve Moore, Water Systems Manager) Action: Received and filed 6. Consideration of Minutes from the Special Joint City Council/Napa County Board of Supervisors Meeting and the Regular Meeting of the City Council/Fire Protection District Board Meeting of August 20, 2013 (Rebekah Barr, MMC, City Clerk) Action: Pulled for separate consideration. Minutes were approved with the correction noted. Council Member J. Bennett noted that in her comments the minutes reflected that she had said she had attended a meeting with representatives from the Green Island Business area. She stated that she had actually said that she had attended a meeting with the City s Economic Development Manager regarding the Green Island Business area. Motion by Council Member J. Bennett, seconded by Vice Mayor Joseph, to approve the minutes with the correction as noted by Council Member J. Bennett. Motion carried unanimously. K. CONSENT ITEMS PULLED FOR DISCUSSION: See Items J.6. L. PUBLIC HEARINGS: None 25 Page 2 of 3 City Council/Fire District Minutes September 3, 2013

26 CONSENT ITEM: 2 M. BUSINESS: 1. Consideration of Annual Conference Resolution Packet for the 2013 League of California Cities Annual Conference to be held September 18-20, 2013 (Rebekah Barr, MMC, City Clerk) Action: Council reviewed and acted on Resolutions Motion by Vice Mayor Joseph, seconded by Council Member J. Bennett, to support both resolutions - League Resolution 1 Water Bond Fund and League Resolution 2 Public Safety Realignment. Motion carried unanimously. 2. Consideration of Funding for the Boys and Girls Club Building Project (Dana Shigley, City Manager) Action: Approved as Resolution # Council Member B. Bennett asked that the resolution be amended to add a recital that reflected that as part of their settlement agreement, Napa Valley Casino provided the funding with the support of Mr. Altizer. Motion by Council Member B. Bennett, seconded by Council Member J. Bennett, to adopt Resolution # authorizing payment of $10,000 to the Boys & Girls Club of Napa Valley with the addition of an additional recital which reflected that Napa Valley Casino (NVC) provided the $10,000 as part of their settlement with the City and that this was with NVC owner Brian Altizer s support. Motion carried unanimously. N. MANAGEMENT STAFF ORAL REPORTS: None O. GENERAL ANNOUNCEMENTS: BOARDS and COMMISSIONS: Planning Commission: 4 th Thursday of each month at 6:30 p.m. Parks & Community Services Commission: 2 nd Thursday of each month at 6:30 p.m. Open Space Advisory Committee: 1 st Wednesday of each month at 6:30 p.m. The City Council/Fire Protection District Board recessed the meeting to the American Canyon Public Safety Building, 911 Donaldson Way, American Canyon, at 7:06pm. The City Council/Fire Protection District Board reconvened at 7:30pm at the American Canyon Public Safety Building, 911 Donaldson Way, American Canyon for the Badge Pinning Ceremony for Assistant Chief Blake Lawson. P. ADJOURNMENT: Meeting was adjourned at 7:44pm. Rebekah Barr, MMC, City Clerk Leon Garcia, Mayor 26 Page 3 of 3 City Council/Fire District Minutes September 3, 2013

27 CITY OF AMERICAN CANYON & AMERICAN CANYON FIRE PROTECTION DISTRICT COUNCIL AGENDA SUMMARY REPORT Meeting Date: September 17, 2013 CONSENT ITEM: 3 SUBJECT Adopt Resolutions approving appropriations limits for the City of American Canyon and the American Canyon Fire Protection District for fiscal year ORIGINATED BY Susan Presto, Finance Manager Sue Casey, Administrative Services Director Glen E. Weeks, Fire Chief BACKGROUND State law requires local agencies to set an appropriation limit each fiscal year. Only certain annual budget appropriations from proceeds of taxes, as defined by the law and accepted statewide guidelines, are subject to the limit. The appropriations limit is revised annually, usually upward, by a formula that uses a combination of percent changes in Statewide Per Capita Income (PCI) or Non-residential assessed valuation, if available, and City or County Population. In November 1979, the people of California added Article XIII-B to the State Constitution, which placed limitations on the appropriations of State and local governments. The Article was implemented by State Legislation that defined the process to calculate the appropriations limit and required that cities adopt a resolution setting an annual appropriations limit. The base year was set as fiscal year and the first appropriations limit was applied to qualifying public agencies budgets for fiscal year In June 1990, the people approved Proposition 111, which, among other things, amended Article XIII-B. The amendment made significant changes to how the limit was calculated, what appropriations were subject to the limit, and added City Council resolution and independent audit requirements. One of the significant changes was to allow the City to make two choices when computing the appropriations limit: o Inflation factor - choose between per capita income or increase in nonresidential assessed valuation due to new construction 27

28 o Population factor choose between City population growth and County population growth. There are no penalties under Article XIII-B for failure to adopt a limit. Compliance with the law is intended to be locally enforced by citizens. The State Government Code limits challenges in civil court to the appropriations limit calculation to a 45-day period after adoption. If the portion of the City/District Budget that is subject to the appropriations limit exceeds the limit, the City/District can carry over the excess amount one year. If, after the second year, the City/District still exceeds the limit, the voters can approve a temporary override or the City/District would need to refund the excess amount to the people by lowering taxes or fees. FY Appropriation Limit The fiscal year appropriations limit was calculated using the Statewide Per Capita Personal Income increase of 5.12% and the City population increase of 0.65%. When applying these factors, the prior year limit increased by 5.80%. City Limit The appropriations limit increased $828,342 to $15,110,101. Appropriations that are subject to the limit are $11,405,644 so the City is well under the appropriation limit by $3,704,457. The detail computations are presented in the Appropriations Spending Limit Worksheet (Attachment A). Fire Protection District The appropriations limit increased $553,982 to $10,105,403. Appropriations that are subject to the limit are $3,157,913 so the Fire Protection District is well under the appropriation limit by $6,947,490. The detail computations are presented in the Appropriations Spending Limit Worksheet (Attachment B). Updated Appropriations Limit The change in the appropriations limit is calculated annually by staff from the information provided by the State Department of Finance each May. Consistent formulas are used to ensure an accurate calculation. Proceeds of Taxes and Appropriations Subject to Limit After the annual appropriations limit is calculated, the appropriations that are subject to the limit are determined. The appropriations limit only applies to appropriations that are funded from proceeds of taxes. Proceeds of taxes are fairly well defined in the statewide guidelines; however, the method to determine which appropriations are from proceeds of taxes can be complicated. 28

29 Public Notice As required by State Law, detailed worksheets supporting the appropriation limit calculations have been available for review by the public in the City Clerk s Office. Also, as required, a public notice has been published for this meeting to adopt the appropriations resolution. COUNCIL ACTION REQUESTED Staff recommends that the City Council approve the resolutions establishing the appropriations limit for fiscal year as follows: City Limit: $15,110,101 Fire Protection District: $10,105,403 Attachments: City Appropriation Limit Resolution Fire Protection District Appropriation Limit Resolution Attachment A - City Appropriation Limit Detail Attachment B - Fire Protection District Appropriation Limit Detail 29

30 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIIIB of the California Constitution provides that the total annual appropriations subject to limitation of each governmental entity, including this City, shall not exceed the appropriation limit of such entity of government for the prior year adjusted for certain changes mandated by Proposition Four passed in November, 1979 and Proposition 111 in June, 1990 except as otherwise provided for in said Article XIIIB and implementing State statutes; and WHEREAS, pursuant to said Article XIIIB, and Section 7900et seq. of the California Government Code, the City is required to set its appropriation limit for each fiscal year; and WHEREAS, the Administrative Services Director of the City has conducted the necessary analysis and calculations to determine the appropriations limit for fiscal year , relying on the permanent fiscal year limit approved by the voters on November 3, 1994, and the following two adjustment factors: Change in Population; and Change in Per Capita Income; and WHEREAS, based on such calculations the Administrative Services Director has determined the said appropriation limit, and pursuant to Section 7910 of the Government Code, has made available to the public the documentation used in the determination of the limit; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of American Canyon that: 1. The annual adjustment factors used to calculate the fiscal year appropriations limit shall be the change in State Per Capita Income (5.12%) and January 2013 City population (0.65%) 2. The new Appropriation Limit for Fiscal Year shall be and is hereby set in the amount of $15,110, The fiscal year Adopted Budget appropriations subject to the appropriation limit is $11,405,644. APPROVED AND ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 17th day of September, 2013, by the following vote: 30

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32 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Leon Garcia, Mayor APPROVED AS TO FORM: Rebekah Barr, City Clerk William D. Ross, City Attorney 32

33 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON SITTING EX OFFICIO AS THE BORD OF DIRECTORS OF THE AMERICAN CANYON FIRE PROTECTION DISTRICT A SUBSIDIARY SPECIAL DISTRICT OF THE CITY OF AMERICAN CANYON ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIIIB of the California Constitution provides that the total annual appropriations subject to limitation of each governmental entity, including this District, shall not exceed the appropriation limit of such entity of government for the prior year adjusted for certain changes mandated by Proposition Four passed in November, 1979 and Proposition 111 in June, 1990 except as otherwise provided for in said Article XIIIB and implementing State statutes; and WHEREAS, pursuant to said Article XIIIB, and Section 7900et seq. of the California Government Code, the District is required to set its appropriation limit for each fiscal year; and WHEREAS, the Fire Chief has conducted the necessary analysis and calculations to determine the appropriations limit for fiscal year , relying on the permanent fiscal year limit approved by the voters on November 3, 1994, and the following two adjustment factors: Change in Population; and Change in Per Capita Income; and WHEREAS, based on such calculations the Fire Chief has determined the said appropriation limit, and pursuant to Section 7910 of the Government Code, has made available to the public the documentation used in the determination of the limit; NOW THEREFORE, BE IT RESOLVED by the City Council (sitting ex-officio as the Board of Directors of the American Canyon Fire Protection District) that: 1. The annual adjustment factors used to calculate the fiscal year appropriations limit shall be the change in State Per Capita Income (5.80%) and January 2013 City population (0.65%) 2. The new Appropriation Limit for Fiscal Year shall be and is hereby set in the amount of $10,105, The fiscal year Adopted Budget appropriations subject to the appropriation limit is $3,157,913. APPROVED AND ADOPTED at a regularly scheduled meeting of the American Canyon Fire District Board on the 17 th day of September, 2013, by the following vote: 33

34 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Leon Garcia, Chair APPROVED AS TO FORM: Glen E. Weeks, District Clerk William D. Ross, District Counsel 34

35 Attachment A APPROPRIATIONS SPENDING LIMIT (Prop. 4 "Gann Limit") City of American Canyon FY Calculation of Spending Limit Last Year's Limit (FY ) $ 14,281,759 Adjustment Factors: Change in Population/City Change in Non-residential Assessed Valuation N/A Change in Per Capita Income Total Adjustment (Percent) 5.80% Total Adjustment (Dollars) 828,342 NEW APPROPRIATION LIMIT FOR FISCAL YEAR $ 15,110,101 Appropriations in Fiscal Year Compared to Limit Proceeds from Taxes (Schedule 3) 11,405,644 Less Exclusions: - Appropriations Subject to Limitation 11,405,644 Appropriations Limit for FY (Schedule 1) 15,110,101 Amount Under Limit $ 3,704,457 35

36 Attachment A APPROPRIATIONS SPENDING LIMIT (Prop. 4 "Gann Limit") City of American Canyon FY Determination of Proceeds of Taxes (Source: Adopted Budget for FY ) REVENUE PROCEEDS OF TAXES NON- PROCEEDS TOTAL Taxes Property Tax $ 6,333,800 $ 6,333,800 Prop Tax In Lieu of Veh Lic Fees 1,132,200 1,132,200 Sales Tax 2,352,900-2,352,900 Business License 148, ,000 Transfer Tax 53,000 53,000 Transient Occupancy Tax 1,020,000 1,020,000 Card Room Admission Tax 257, ,600 Other Revenues: Franchise Fees 587, ,000 Vehicle Code Fines 182, ,700 Public Work Fees 8,400 8,400 Building Permits/Plan Check Fees 30,600 30,600 Planning Fees 647, ,800 Transfers In 2,615,230 2,615,230 Miscellaneous 1,346,300 1,346,300 SUBTOTAL 11,297,500 5,418,030 16,715,530 Allocation of Interest Subtotals Percent of Total 67.59% 32.41% % Interest Allocation 108,144 51, ,000 Total with Interest $ 11,405,644 5,469,886 $ 16,875,530 36

37 Attachment B APPROPRIATIONS SPENDING LIMIT (Prop. 4 "Gann Limit") American Canyon Fire Protection District FY Calculation of Spending Limit Last Year's Limit (FY ) $ 9,551,421 Adjustment Factors: Change in Population/City Change in Non-residential Assessed Valuation N/A Change in Per Capita Income Total Adjustment (Percent) 5.80% Total Adjustment (Dollars) 553,982 NEW APPROPRIATION LIMIT FOR FISCAL YEAR $ 10,105,403 Appropriations in Fiscal Year Compared to Limit Proceeds from Taxes (Schedule 3) 3,157,913 Less Exclusions (G.O. Debt Payments) - Appropriations Subject to Limitation 3,157,913 Appropriations Limit for FY (Schedule 1) 10,105,403 Amount Under Limit $ 6,947,490 37

38 Attachment B APPROPRIATIONS SPENDING LIMIT (Prop. 4 "Gann Limit") American Canyon Fire Protection District FY (Source: Adopted Budget for FY ) Determination of Proceeds of Taxes REVENUE PROCEEDS OF TAXES NON- PROCEEDS TOTAL Taxes Property Tax $ 3,150,500 $ 3,150,500 Other Revenues: Fire Assessment Fees 590, ,000 Reimbursement Fees 125, ,000 Inspection/Plan Check Fees 75,000 75,000 Weed Abatement 1,000 1,000 Transfers In 5,900 5,900 Miscellaneous 90,000 90,000 SUBTOTAL 3,150, ,900 4,037,400 Allocation of Interest Subtotals Percent of Total 78.03% 21.97% % Interest Allocation 7,413 2,087 9,500 Total with Interest $ 3,157, ,987 $ 4,046,900 38

39 CITY OF AMERICAN CANYON COUNCIL AGENDA STAFF REPORT SUBJECT Meeting Date: September 17, 2013 CONSENT ITEM: 4 Adopt a Resolution authorizing the City Manager to execute a Joint Powers Agreement with the City of Napa for the mutual provision of public works contract services. SUBMITTED BY Dana Shigley, City Manager BACKGROUND AND ISSUES While recruitment for a Public Works Director is underway, we need to fill this position vacancy on an interim basis with a qualified professional civil engineer and senior staff manager who can oversee managerial responsibilities for the Public Works Department. Similarly, Napa is in the process of recruiting to fill vacancies for water treatment plant operators and needs the interim services of certified water treatment facility operators with a minimum grade 3 Drinking Water license to operate Napa s potable water treatment facilities. It would be mutually beneficial for the two cities to provide one another with limited contract public works services to meet these needs, as described more fully in the attached agreement. COUNCIL PRIORITY PROJECTS AND PROGRAMS The City has several substantial projects pending and this action will keep them moving forward. FISCAL IMPACT Each party will provide payment to the other for services performed per the compensation rates detailed in Exhibit B of the agreement. American Canyon s costs will be paid from funds allocated for FY in Public Works Administration wages, account The rates paid for both parties reflect actual costs only. ENVIRONMENTAL DETERMINATION The provision of contract services is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c). ALTERNATIVES Staff has interviewed several consultants and retired public works managers, and if Council so wishes, we could explore other alternatives to meet our managerial needs on a short-term basis. STAFF RECOMMENDATIONS Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to execute a Joint Powers Agreement with the City of Napa for the mutual provision of contract public works services. 39

40 Consent Item September 17, Attachments: Resolution Agreement 2. Copies to: City of Napa Mike Parness, City Manager PO Box 660 Napa, CA

41 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT WITH THE CITY OF NAPA FOR THE MUTUAL PROVISION OF CONTRACT PUBLIC WORKS SERVICES WHEREAS, a Public Works Director is needed to fill a position vacancy on an interim basis with a qualified professional civil engineer and senior staff manager who can oversee managerial responsibilities for the Public Works Department; and WHEREAS, the City of Napa needs the interim services of certified water treatment facility operators with a grade 3 Drinking Water license to operate Napa s potable water treatment facilities; and WHEREAS, it would be mutually beneficial for the two cities to provide one another with limited contract public works services to meet these needs; and WHEREAS, funds are available in the FY budget to pay for interim Public Works Director services in account ; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby authorizes the City Manager to execute a Joint Powers Agreement with the City of Napa for the mutual provision of contract public works services. PASSED, APPROVED AND ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 17 th day of September, 2013, by the following vote: MAYOR GARCIA: VICE MAYOR JOSEPH: COUNCIL MEMBER J. BENNETT: COUNCIL MEMBER B. BENNETT: COUNCIL MEMBER K. LEARY: Leon Garcia, Mayor ATTEST: APPROVED AS TO FORM: Rebekah Barr, City Clerk William D. Ross, City Attorney 41

42 JOINT POWERS AGREEMENT CITY OF NAPA and CITY OF AMERICAN CANYON MUTUAL PUBLIC WORKS CONTRACT SERVICES This Joint Powers Agreement (hereinafter Agreement ) is made and entered into as of July 15, 2013 (the Effective Date ), by and between the CITY OF NAPA, a municipal corporation (hereinafter "Napa"), and the CITY OF AMERICAN CANYON, a municipal corporation (hereinafter "American Canyon") [individually, Napa and American Canyon may be identified as a Party, or collectively, as the Parties ]. RECITALS A. Napa and American Canyon are each a public agency as defined by Government Code section B. The Parties are each responsible for the provision of a wide array of public works services within their respective boundaries and service areas, and as more particularly described in this Agreement. C. American Canyon is currently in the process of recruiting for the vacant position of Public Works Director, and has a need to fill this vacancy on an interim basis with a qualified professional civil engineer and senior staff manager who can oversee managerial responsibilities for the American Canyon Public Works Department during the interim period until the position is filled. Similarly, Napa is in the process of recruiting to fill positions for water treatment plant operators and has a need for the interim services of certified water treatment facility operators that hold a minimum grade 3 Drinking Water license to operate Napa s potable water treatment facilities during the interim period. The Parties wish to provide one another with limited contract public works services, as described more fully in the attached Scope of Services. D. Due to their geographic proximity to one another and similar organizational structures, the Parties wish to cooperate in exchanging contract services for the interim provision of the public works functions identified in the Scope of Services which is attached as Exhibit A, and incorporated by this reference, and to provide for the mutual provision of contract public works services, in return for payments from one Party to the other based on the compensation rates identified in attached Exhibit B, which is incorporated by this reference, based on the terms more particularly described in this Agreement. E. The Parties desire to enter into this Agreement in accordance with the provisions of the Joint Exercise of Powers Act (Government Code sections 6500, et seq.), in particular the immunity protections of Government Code section 6513, and the provisions of Government Code sections 895 through NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The Parties hereby delegate one another authority to perform, and agree to perform (as requested by the Parties Authorized Representatives as defined 1 42

43 Joint Powers Agreement City of Napa and City of American Canyon Mutual Public Works Contract Services under Section 3 of this Agreement), the services described in Exhibit A, which is attached and incorporated by this reference, in accordance with the terms and conditions contained in this Agreement. 2. BILLING AND PAYMENT. In order to request payment for services provided in accordance with this Agreement, each Party shall submit invoices to the other Party identifying the services performed and the charges therefor, based upon the payment provisions (set forth on Exhibit "B, which is attached and incorporated by this reference). Each Party shall make payment to the other for services performed in accordance with this Agreement within thirty days after receipt of invoice. If either Party disputes any portion of the request for payment from the other Party, that Party shall provide written notice of the dispute to the other Party within thirty days after receipt of the disputed invoice. 3. AUTHORIZED REPRESENTATIVES. 3(A).Napa s Authorized Representative. All services performed by Napa under this Agreement shall be performed by, or under the supervision of, Napa s Authorized Representative, the Director of Public Works, unless otherwise designated in writing by Napa s Authorized Representative or the Napa City Manager. The Authorized Representative may delegate the performance of certain services to the City s Deputy Public Works Director, or to a Senior Civil Engineer. 3(B).American Canyon s Authorized Representative. All services performed by American Canyon shall be performed by, or under the supervision of, Dana Shigley, or her designee, unless otherwise designated in writing by American Canyon s authorized representative or the City Manager of the City of American Canyon. 4. INFORMATION AND DOCUMENTATION. 4(A).Accounting Records. Napa and American Canyon shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four years. The accounting records to be maintained in accordance with this Agreement shall include, at a minimum, documents which support Napa and American Canyon s costs and expenses related to this Agreement, including documentation of requests for services, services performed, invoices, and payments. Each Party s accounting records shall be made available to the other Party within a reasonable time after request, during normal business hours. 4(B).Ownership of Work Product. All original documents prepared by either Party in performing under this Agreement (including its employees and agents) for this Agreement ( work product ), whether complete or in progress, shall become the property of that Party, and shall be given to the other Party at the completion of services, or upon demand by the other Party. Each Party shall have a right to make and keep copies of the work product. 2 43

44 Joint Powers Agreement City of Napa and City of American Canyon Mutual Public Works Contract Services 5. RELATIONSHIP BETWEEN THE PARTIES. Napa and American Canyon are each an independent public agency, as defined by Government Code section 6500, and this Agreement does not create a separate legal entity. Each Party shall, at all times, remain an independent public agency solely responsible for all acts of its employees or agents, including any negligent acts or omissions. 5(A).Napa (including its employees and agents) is not American Canyon s agent, and shall have no authority to act on behalf of America Canyon, or to bind American Canyon to any obligation whatsoever, unless American Canyon provides prior written authorization to Napa. Napa is not an officer or employee of American Canyon, and Napa shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. 5(B). American Canyon (including its employees and agents) is not Napa s agent, and shall have no authority to act on behalf of Napa, or to bind Napa to any obligation whatsoever, unless Napa provides prior written authorization to American Canyon. American Canyon is not an officer or employee of Napa, and American Canyon shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. 6. COMPLIANCE WITH LAW. Each Party shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. 7. INSURANCE AND BONDS. 7(A). Each Party shall, throughout the duration of this Agreement, maintain insurance (including, for the purpose of this section, self-insurance or coverage under a selfinsurance pool) to cover each of their respective interests related to work performed under this Agreement (including coverage for their employees and agents). Concurrently with the execution of this Agreement, and prior to the commencement of any services, each Party shall provide the other with written proof of insurance (including self-insurance or self-insurance pool coverage) (certificates and endorsements), in a form acceptable to the other Party. Each Party shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance coverage required by this Agreement. 7(A)(1). Commercial General Liability (with coverage at least as broad as ISO form CG ) coverage in an amount not less than $1,000,000 general occurrence for general liability, bodily injury, personal injury and property damage. Each Party shall name the other as an additional covered Party or an additional insured. 7(A)(2). Automobile Liability (with coverage at least as broad as ISO form CA , for any auto ) coverage in an amount not less than $1,000,000 per accident for bodily injury and property damage. 3 44

45 Joint Powers Agreement City of Napa and City of American Canyon Mutual Public Works Contract Services 7(A)(3). Workers Compensation coverage as required by the State of California. 8. INDEMNIFICATION. Napa and American Canyon shall defend, indemnify and hold harmless each other as well as their respective officers, agents and employees from any claim, suit, loss or liability including without limitation, those for personal injury (including death) or damage to property, arising out of any acts or omissions of that Party or its officers, attorneys, agents or employees when performing any activities or obligations required of that Party under this Agreement. Napa and American Canyon shall cooperate with one another in the defense of any action required by this section. 9. TERM OF THE AGREEMENT. The term of this Agreement shall commence on the Agreement Effective Date and shall continue for a period of six (6) months. This Agreement may be renewed for additional six (6) month periods after the initial six (6) month term by mutual agreement of the Parties. This Agreement may be terminated by either Party without cause upon seventy-two (72) hours written notice to the other Party. If either Party exercises its right to terminate this Agreement in accordance with this paragraph, each Party shall pay the other for all services performed in accordance with this Agreement, through and including the date of termination, but not to exceed the payments according to the rates specified in Exhibit B. 10. DEFAULT. If either Party ( demanding Party ) has a good faith belief that the other Party ( defaulting Party ) is not complying with the terms of this Agreement, the demanding Party shall give written notice of the default (with reasonable specificity) to the defaulting Party, and demand the default to be cured within ten days of the notice. If: (a) the defaulting Party fails to cure the default within ten days of the notice, or, (b) if more than ten days are reasonably required to cure the default and the defaulting Party fails to give adequate written assurance of due performance within ten days of the notice, then (c) the demanding Party may terminate this Agreement upon written notice to the defaulting Party. 11. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective Party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a Party s Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either Party may modify their respective contact information identified in this section by providing notice to the other Party. To Napa: City of Napa P.O. Box 660 Napa, CA Attn: Public Works Director Telephone: (707)

46 Joint Powers Agreement City of Napa and City of American Canyon Mutual Public Works Contract Services To: City of American Canyon 4381 Broadway Street. Suite 201 American Canyon, CA Attn: City Manager Telephone: (707) HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement. 13. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties intent under this Agreement. 14. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Napa. 15. ATTORNEY S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing Party is entitled to reasonable attorney s fees, costs, and expenses incurred. 16. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of either Party s duties be delegated, without the written consent of the other Party. Any attempt to assign or delegate this Agreement without the written consent of the other Party shall be void and of no force or effect. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. 17. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. 18. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. 19. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, 5 46

47 Joint Powers Agreement City of Napa and City of American Canyon Mutual Public Works Contract Services agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. 20. EACH PARTY S ROLE IN DRAFTING THE AGREEMENT. Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code section 1654 in order to interpret any uncertainty in the meaning of the Agreement. 21. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Napa and American Canyon. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NAPA: AMERICAN CANYON: Mike Parness, City Manager Dana Shigley, City Manager ATTEST: ATTEST: Dorothy Roberts, City Clerk Rebekah Barr, City Clerk COUNTERSIGNED: Desiree Brun, City Auditor APPROVED AS TO FORM: APPROVED AS TO FORM: Michael W. Barrett, City Attorney William D. Ross, City Attorney Budget Code:

48 Joint Powers Agreement City of Napa and City of American Canyon Mutual Public Works Contract Services EXHIBIT "A" SCOPE OF WORK AND SCHEDULE OF PERFORMANCE Public Works Services provided to American Canyon from Napa Interim Public Works Director Provide services as Interim Public Works Director for the City of American Canyon. These duties shall include a delegation of authority from American Canyon to the Napa Public Works Director to plan, direct, manage, and oversee the activities and operations of the American Canyon Public Works Department, including engineering functions, water and water distribution, wastewater, and streets; management and administration of construction and public works contracts; coordination of assigned activities with other City departments and outside agencies; providing highly responsible and complex administrative support to the City Manager; and serving as a member of the City s management team. Duties may also include analysis of existing department structure, direction and operating procedures. This analysis may lead to recommendations to the City Manager that may lead to improved long-term organizational improvements that would benefit the department and city. Staff Augmentation Provide additional assistance as necessary to facilitate and assist the duties of the Interim Public Works Director including assistance with technical reports, studies, preliminary design and operational assignments. Staffing Support: Public Works Services provided to Napa from American Canyon Napa requires consultant services related to the water treatment operations. American Canyon will provide staff on-site to operate the Barwick Jamieson Treatment Plant to cover a 12-hour, 8-hour or portion of shift as needed. As a Grade 3 certified water treatment plant operator, cover water treatment facility shift operations for the City of Napa s Barwick Jamieson Water Treatment Facility. Perform water treatment operation duties as necessary to insure all drinking water processed at the water treatment facility is in compliance with California Department of Public Health (CDPH) Title 22 drinking water standards. 7 48

49 Joint Powers Agreement City of Napa and City of American Canyon Mutual Public Works Contract Services EXHIBIT "B" COMPENSATION RATES AND CHARGES Napa 1. Public Works Director = $ hourly by ¼ hour increments 2. Deputy Public Works Director = $ hourly by ¼ hour increments 3. Senior Civil Engineer = $ hourly by ¼ hour increments 4. Other employees as necessary at fully burdened hourly rate by ¼ hour increments American Canyon 1. T-3 level shift operator work = $55.35 hourly by ¼ hour increments 2. T-3 level shift operator work (overtime) = $83.03 hourly by ¼ hour increments 3. Other employees as necessary at fully burdened hourly rate by ¼ hour increments 8 49

50 CITY OF AMERICAN CANYON COUNCIL AGENDA STAFF REPORT SUBJECT Meeting Date: September 17, 2013 BUSINESS ITEM: 1 Adopt a Resolution approving the plans and specifications for the Annual Pavement Management System Project (TR ), rejecting the low bid from Talley Oil, authorizing an agreement with the second low bidder Graham Contractors, Inc., in the amount of $272,665 and increasing the FY 2013/14 project budget by $133,245. SUBMITTED BY Jacques LaRochelle, P.E., P.L.S., Interim Public Works Director Cheryl A. Braulik, P.E., Senior Civil Engineer BACKGROUND AND ISSUES The Annual Pavement Management System Project consists of the application of a PASS QB rejuvenating seal on various streets within the City (see Appendix A). A rejuvenating seal is a method of adding asphalt to an existing pavement surface to improve sealing or waterproofing, prevent further stone loss by holding aggregate in place, or simply to improve the surface appearance. PASS QB is a polymerized asphalt surface sealer designed to rejuvenate and extend the service life of pavement. PASS QB emulsion is spray-applied to seal minor distress cracks and add new asphalt to a wearing course. The list of streets included in this project was determined by their Pavement Condition Index (PCI) in the Pavement Management Program. The project was advertised on July 25, 2013, and four bids were received on August 13, The three low bidders are as follows: Contractor Bid Talley Oil $171,990 Graham Contractors, Inc. $272,665 American Road Maintenance $315,109 The low bidder has asked the City to reject its bid due to an error on their estimate form which would have substantially changed their proposal. Staff has reviewed Talley Oil s letter dated August 16, In accordance with Public Contract Code Sections 5100 through 5110, relating to the withdrawal of bids, staff recommends the City reject Talley Oil s bid and award a contract to the second low bidder, Graham Contractors, Inc. In an effort to maintain the project schedule, Staff is requesting that City Council approve a construction contingency fund in the amount of $6,816 and authorize the Public Works Director to negotiate and execute contract change orders in an aggregate amount not to exceed the construction contingency, unless a change order represents a significant change to the scope of the project. Staff will provide in-house construction management and inspection services at an estimated cost of $3,

51 Business Item September 17, 2013 COUNCIL PRIORITIES AND PROGRAMS The Annual Pavement Management System Project is included in the Capital Improvement Program approved by the City Council on May 21, FINANCIAL IMPACT: The project budget is $282,889. The FY Capital Improvement budget for the project allocated $99,644 from Fund 230, State Grant Proposition 1B; and $50,000 from Fund 212, Gas Tax. An additional $133,245 will be required from Fund 212, Gas Tax. ENVIRONMENTAL DETERMINATION: The Annual Pavement Management Project is categorically exempt from CEQA under Article 19, Section 15301, relating to operations, repair, maintenance and permitting of existing public facilities. ALTERNATIVES/IMPACTS The City Council could choose to rebid the project, but there is no guarantee the City would receive a lower bid. The City Council could adopt the resolution and direct staff to look at decreasing the quantities by deleting the work in Vintage Ranch Units 2 and 3, as they have not yet been accepted by the City, and America Subdivision, as these streets received a slurry seal prior to City acceptance. This would reduce the project costs by approximately $68,000. STAFF RECOMMENDATIONS Staff recommends that City Council adopt the attached Resolution rejecting the low bid from Talley Oil, authorizing an agreement with the second low bidder, Graham Contractors, Inc., in the amount of $272,665 for the Annual Pavement Management System Project (TR ), and increasing the FY 2013/14 project budget by $133,245. Attachments: Resolution Appendix A: Street List Copies to: Talley Oil, Inc. Kenneth Talley, President Road 29 Madera, CA Graham Contractors Gerald Graham Jr., President PO Box San Jose, CA

52 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVING THE PLANS AND SPECIFICATIONS FOR THE ANNUAL PAVEMENT MANAGEMENT SYSTEM PROJECT (TR ); REJECTING THE LOW BID FROM TALLEY OIL; AUTHORIZING AN AGREEMENT WITH THE SECOND LOW BIDDER, GRAHAM CONTRACTORS, INC., IN THE AMOUNT OF $272,665; AND INCREASING THE FY 2013/14 PROJECT BUDGET BY $133,245 WHEREAS, the Annual Pavement Management System Project (TR ) was advertised on July 25, 2013, and four bids were received on August 13, 2013; and WHEREAS, staff has reviewed the bids; and WHEREAS, the low bidder, Talley Oil, has requested that the City reject its bid due to an error on its estimate form; and WHEREAS, in accordance with Public Contract Codes 5110 through 5110, staff recommends the City Council reject Talley Oil s submitted bid; and WHEREAS, Graham Contractors, Inc., is the second low bidder; and WHEREAS, the FY Capital Improvement budget for the project allocated $99,644 from Fund 230, State Grant Proposition 1B; and $50,000 from Fund 212, Gas Tax; requiring an additional transfer of $133,245 from Fund 212, Gas Tax, to fully fund the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby: 1. approves the plans and specifications for the Annual Pavement Management Program; 2. awards a contract in the amount of $272,665 to Graham Contractors, Inc.; 3. authorizes a construction contingency fund in the amount of $6,816; 4. authorizes a construction services fund in the amount of $3,408; 5. authorizes the Public Works Director to negotiate and execute contract change orders in an aggregate amount not to exceed the construction contingency fund; and 6. authorizes a transfer of $133,245 from Fund 212, Gas Tax. PASSED, APPROVED AND ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 3 rd day of September, 2013, by the following vote: MAYOR GARCIA: VICE MAYOR JOSEPH: COUNCIL MEMBER J. BENNETT: COUNCIL MEMBER B. BENNETT: COUNCIL MEMBER K. LEARY: Leon Garcia, Mayor 52

53 Resolution September 17, 2013 ATTEST: APPROVED AS TO FORM: Rebekah Barr, City Clerk William D. Ross, City Attorney 2 53

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