13 7. Location of buildings on adjacent properties (side and rear) within 25 feet of the project site.
8. Include development-phasing schedule ( if proposed and/or applicable), including those portions of the project included in each phase, and estimated start and completion dates.
9. Include a table of impervious areas showing pre and post development values.
10.Location of anti-vehicle intrusion barriers.
11.Location of any low-voltage fencing on-site.
12.Location of any other security fencing and KNOX box for police access
13.Proposal includes climate-controlled environment.
14.Proposal includes plan for disposal of all solid waste based on best practices of the State.
15.Proposal includes any proposed “green” business practices relating to energy and climate, water conservation, and materials/waste storage.
SECTION G: NEIGHBORHOOD COMPATIBILITY PLAN
1. Describe how the business will proactively address and respond to complaints related to noise, light, odor, and vehicle and pedestrian traffic.
2. Describe how the business will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.
3. Describe odor mitigation practices:
a. Identify potential sources of odor.
b. Describe odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the licensed premises. c. Describe all proposed staff training and system maintenance plans.
4. Describe the waste management plan. The plan shall include waste disposal locations, security measures, methods of rendering all waste unusable and unrecognizable, and the vendor in charge of disposal.
5. The application should include the following information about the proposed location:
a. Physical address and a detailed description of the proposed location, including the overall property, building, and interior floor plan. b. Description of all known nearby State and local sensitive use areas. The cannabis business must have the appropriate zoning and meet all the locational requirements as described in the AMC.
c. List any nearby well-traveled paths to schools and describe how the cannabis business will proactively protect the youth on these paths from exposure to the cannabis business.
d. Describe how the business will proactively take steps about community concerns to protect the youth generally from the impacts of the cannabis business.
e. Proof of ownership, lease agreement, or a Letter of Intent to Lease. f. Vicinity map.
g. Photographs of existing site and buildings.
h. Discussion of whether the location has access to public transportation for
14 employees or customers.
6. State whether proposed location is within 1,200 feet of local public transportation.
7. Proposal includes a process and schedule for at least two public outreach meetings per year that meet City approval.
8. Proposal includes a schedule for communication and receiving feedback from all entities within 300 feet of business at least two times a year.
9. Proposal includes the appointment of an employee as a designated liaison with the neighborhood (designated liaison should be a City resident).
SECTION H: COMMUNITY BENEFITS AND INVESTMENT PLAN
The applicant should describe the benefits the business will provide to the local community, for example by directly aiding, participating in, or funding the work of local non-profits, community-based organizations, civic organizations, or social services organizations. Benefits may be in the form of volunteer services, monetary donations, financial support of City-sponsored activities or organizations, in-kind donations to the City or other charitable organizations, and/or any other economic incentives to the City which will meet the revenue goals expected by the City Council.
Proposal should discuss proposed benefits to the community, such as defined monetary contributions to local community organizations, or donating time to local community organizations, or any other proposed community benefit acceptable to the City.
SECTION I: CONCENTRATION EVALUATION
As part of its analysis of the overall application package, staff will also consider the level of market saturation in terms of nearby cannabis businesses and the concentration that the regional and Citywide market will reasonably support. For instance (and for illustrative purposes only), a general assumption might be that the market can reasonably support one retail cannabis business for every 18,000 to 20,000 people, which would guide staff’s determination as to whether a retail application would result in an over-concentration of that business type within the City.
CITY OF ATWATER CANNABIS BUSINESS APPLICATION
CANNABIS BUSINESS
APPLICATION
City of Atwater
Planning Department
750 Bellevue Road
Atwater, CA 95301
Email:[email protected]
APPLICANT (ENTITY) INFORMATION
APPLICANT (ENTITY) NAME: DBA:
Physical Address: City: State: Zip:
PRIMARY CONTACT (Same as above? ☐ Yes ☐ No):
Title:
Address: City: State: Zip:
Phone: Email:
HAS ANY INDIVIDUAL IN THIS APPLICATION APPLIED FOR ANY OTHER CANNABIS PERMIT IN THE CITY OF ATWATER: ☐ Yes ☐ No Select one or more of the following categories. For each category, indicate whether you are applying for Adult-Use (“A”) or/and Medicinal (“M”) or both. ☐ Adult Use ☐ Medicinal Use
□ Retail(Storefront) ☐ Retail (Non-Storefront) ☐ Cultivation (Processing Only) ☐ Distribution ☐ Manufacturing ☐ Microbusiness ☐ Testing Labs Business Formation Documentation: Describe how the business is organized (attach to Business Plan). □ Sole Partnership ☐ Corporation ☐ S-Corporation ☐ Limited Liability Company ☐ Limited Partnership
PROPOSED LOCATION
PROPERTY OWNER NAME:
Address: City: State: Zip:
Phone: Email:
Assessor’s Parcel Number (APN):
Proposed Location Square Footage:
Applications failing to submit any of the following will be deemed incomplete unless otherwise noted by an asterisk for special deadlines, and will not move forward in the application process:
✓ One (1) printed hard copy of a complete and signed Cannabis Initial Application form (Pages 1-3), with the Application Fee.
✓ All Evaluation Criteria outlined in Appendix A saved in PDF format on a single USB flash drive. (This section shall not exceed 200 pages).F¹
✓ Proof of comprehensive general liability insurance (minimum $1M peroccurrence) or evidence by an Insurance Agency that the cannabis business is insurable.F²
✓ A signed and notarized Property Consent form and Lease Agreement. ✓ A signed Financial Responsibility, Indemnity and Consent to Inspect Terms Agreement form. ✓ A signed Limitations of City Liability and Indemnification to City form. ✓ Proof of Background Check and Credit Check Fee receipt.
F¹ Background and Financial documents are not part of the 200-page limitation.
F² The only information that can be submitted after the initial application is proof of insurance prior to the City Awarding a Cannabis Permit however, at a minimum proof if insurability must be provided with the initial application package.
APPLICATION SUBMITTAL CHECKLIST
CITY OF ATWATER: CANNABIS BUSINESS APPLICATION
APPLICATION CERTIFICATION
I hereby certify, under penalty of perjury, on behalf of myself and all owners, managers and supervisors identified in this application that the statements and information furnished in this application and the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, or revocation of a permit issued.
In addition, I understand that the filing of this application grants the City of Atwater permission to reproduce submitted materials for distribution to staff, Commissions, Boards and City Council Members, and other Agencies to process the application. Nothing in this consent, however, shall entitle any person to make use of the intellectual property in plans, exhibits, and photographs for any purpose unrelated to the City's consideration of this application.
Furthermore, by submitting this application, I understand and agree that any business resulting from an approval shall be maintained and operated in accordance with requirements of the City of Atwater Municipal Code Chapter 5.60 and State law.
Under penalty of perjury, I hereby declare that the information contained in within and submitted with the application is true, complete, and accurate. I understand that a misrepresentation on the facts is cause for rejection of this application, denial of a license or revocation of an issued license.
Name Signature
Title Date
For details about the information required as part of the application process, see the Application Procedures & Guidelines, City of Atwater Municipal Code Chapter 5.60 or any additional requirements to complete the application process. All documents can be found online at https://www.atwater.org For questions, please contact the City of Atwater Planning Department by email at [email protected]
SUPPORTING INFORMATION
Is the Applicant or any of its owners currently involved in an application process in any other jurisdiction? Has the Applicant or any of its owners been the subject of any administrative action, including but not limited to suspension, denial, or revocation of a cannabis business license at any time during the past five (5) years? If so, please list and explain:
List all fictitious business names the applicant is operating under including the address where each business is located:
CITY OF ATWATER: CANNABIS BUSINESS APPLICATION
OWNER INFORMATION
It must be completed by all owners with a 10% ownership or more. The total ownership percentage should equal 100%. Exception: If the business is a Publicly Traded Company (PTC), they will only be required to list all the Board of Directors and/or any person with an ownership interest of 10% or more. Please provide supporting documentation if you are claiming the PTC Waiver.
For all other business organizations if each individuals owns less than 10% just list the number of individuals who own less than 10% and the total percentage in order to get to 100%.
Add more pages as necessary to accommodate all Cannabis Business Owners I declare under the penalty of perjury that the information provided on this disclosure form is true and accurate to the best of my knowledge.
Ownership %
Name: Title:
Address: City: State: Zip:
Background Information Included as required? ☐ Yes ☐ No Signature: Date:
I declare under the penalty of perjury that the information provided on this disclosure form is true and accurate to the best of my knowledge.
Ownership %
Name: Title:
Address: City: State: Zip:
Background Information Included as required? ☐ Yes ☐ No Signature: Date:
I declare under the penalty of perjury that the information provided on this disclosure form is true and accurate to the best of my knowledge.
Ownership %
Name: Title:
Address: City: State: Zip:
Background Information Included as required? ☐ Yes ☐ No Signature: Date:
I declare under the penalty of perjury that the information provided on this disclosure form is true and accurate to the best of my knowledge.
Ownership %
Name: Title:
Address: City: State: Zip:
Background Information Included as required? ☐ Yes ☐ No Signature: Date:
CITY OF ATWATER: CANNABIS BUSINESS APPLICATION
City of Atwater Cannabis Processing Agreement
This an agreement for payment of costs for the City of Atwater application processing To be completed by applicant:
This agreement is by and between the City of Atwater, California, hereafter “City,” and _____________ hereinafter “applicant”. This is a legally binding agreement. You should ensure to read all provisions of this agreement.
1. Applicant agrees to pay all personnel and related direct, indirect, overhead and overtime costs incurred by City employees and consultants (including engineers, attorneys and other professionals) incurred by City for review and processing the subject application, even if the application is withdrawn in writing, not approved, approved subject to conditions or modified upon approval. Applicant agrees that it shall pay any and all costs related to the subject application that the City would not have incurred but for the application. City’s indirect and overhead costs will be applied to the time of City employees and consultants. All personnel and related direct, indirect, overhead and overtime rates for City employees and consultants shall be calculated annually by the City manager.
2. Applicant agrees to make an initial deposit in the amount of Two Thousand Dollars ($2,000.00) at the time this agreement is signed, and subsequent deposits within 30 days of the date requested by the City in writing, The city will not pay interest on deposits. Applicant agrees that if it knowingly and voluntarily waives, extends and continues each of the time limits imposed by California Government Code Section 65943 for the determination of a development application’s completeness and the time limits imposed by California Government Code Sections 65950, 65950.1, 65951, and 65952 for the approval or disapproval of cannabis permits for as many days as the applicant delays making a subsequent deposit from the date of written notice requesting such additional deposit until the deposit is received by City, not to exceed ninety (90) days. Failure to make any subsequent deposits may result in denial of an application for a cannabis permit or in the decision by the City to postpone action on the application.
3. If Applicant does not deposit such requested deposits or make payments on outstanding invoices within thirty (30) days after the date of the deposit request or invoice, City staff may cease work on the application until the required deposit or payment is made, subject to any other provisions of law.
4. Deposits shall be applied toward the City’s costs in reviewing and processing the application.
City will send monthly statements indicating the charges against the initial deposit and any subsequent deposits. The City may elect to send statements less frequently than monthly, if there is only limited monthly activity on the project.
5. In the event that the accumulated periodic charges exceed the initial deposit and any subsequent deposits previously received by City, City will invoice Applicant for the amount outstanding and may require an additional deposit. Applicant will pay any and all amounts
CITY OF ATWATER: CANNABIS BUSINESS APPLICATION
exceeding the initial and subsequent deposits within thirty (30) days of the date of the invoice and shall make any additional deposit required by the City.
6. City statements and invoices shall provide summary information indicating the cost for employees and independent contractors, including direct and indirect charges. Original invoices from independent contractors (except attorney/client invoices) shall be available upon request by Applicant, at Applicants additional cost.
7. Applicant shall pay interest on all costs unpaid 30 days after the date of any invoice at the maximum legal rate, and the City is entitled to recover its costs, including attorney’s fees, in collecting unpaid accounts.
8. Applicant and owner of property, if not the same, agree to and authorize City to place lien on the property subject to this application for any and all delinquent fees, The City shall remove such a lien once the Applicant has paid all delinquent fees. For purposes of this section, an invoice amount shall become delinquent when unpaid for 30 days after the date of the invoice.
9. Any refund of amounts deposited shall be made in the name of the Applicant, to the address noted on the application.
10.Applicant further agrees that no building permits, Certificate of Occupancy and/or subdivision Acceptance for the project will be issued until all costs for review and processing are paid.
11.Applicant shall provide written notice to the City if any of the above information changes.
12.Applicant acknowledges and agrees to the defense, waiver, and indemnification obligations stated in the attached “Agreement on Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City”, incorporated herein by reference.
13.The City will promptly notify the Applicant and Owner(s) of any claim, action, or proceeding that is or may be subject to this Agreement on Limitations of City’s Liability, and Certifications, Assurances Warranties, and Indemnification to City. The City may, within its unlimited and sole discretion, participate in the defense of any such claim, action, or proceeding.
14.Applicant will fund a deposit account (“Fund”) to reimburse the City’s cost, including attorney’s fees, to defend any claim, action, or proceeding that is or may be subject to the agreement on limitations of City’s Liability, and Certifications, Assurances Warranties, and Indemnification to City. In the event that any such claim, action, or proceeding is filed against the City, Applicant shall within 30 days of the filing, deposit an initial sum of $10,500 to the Fund to reimburse any portion of the City defense costs, as determined by the City in its sole discretion. The Fund shall contain an amount necessary to cover three months’ worth of budgeted expenditures by the City relating to the City’s defense of the claim, action, or proceeding, including all time to appeal, or as long as expenditures made by the City relating to its defense remain unreimbursed, whichever is later. Once all remaining and outstanding reimbursements have been paid to the City by applicant, City shall return any remaining unused portion of deposit.
15.The City shall have the sole and absolute right to approve any and all counsel employed to defend the City. To the extent the City uses any of its resources to respond to such claim, action or proceeding, or to assist the defense, I will reimburse the City for those costs. Such
CITY OF ATWATER: CANNABIS BUSINESS APPLICATION
resources include, but are not limited to, staff time, court costs, City Attorney’s time, or any other direct or indirect cost associated with responding to, or assisting in defense of, the claim, action, or proceedings.
16.Applicant consent and expressly allow, authorize, and permit the City, all its departments, agents, and employees, to enter upon and inspect the subject property identified in the application, with or without prior notice, for the purposes of processing this application or inspection or photographing for compliance with all laws, regulations, and conditions placed on land use approvals or the cannabis business permit. No additional permission or consent to enter upon the property is necessary or shall be required. By signing this agreement, Applicant further certify and warrant he/she is authorized to, and hereby do, consent, and allow such inspections on the behalf of each and all Owners of the property and Applicants.
17.Applicant understands that all materials submitted in connection with my application are public records subject to inspection and copying by members of the public. By filing an application, applicant agrees that the public may inspect and copy these materials and the information contained therein, and that some or all of the materials may be posted on the City’s website. For any materials that may be subject to copyright protection, or which may be subject to Sections 5500.1 and 5536.4 of the California Business and Professions Code, by submitting such materials to the City I represent that I have the authority to grant, and hereby grant, the City permission to make the materials available to the public for inspection and copying, whether in hardcopy or electronic format.
18. In the event a request for information under the California Public Records Act seeks disclosure of application materials marked by me as “Confidential information,” the City will make reasonable efforts to provide notice to applicant prior to such disclosure to allow applicant to seek a protective order, injunctive relief, or other appropriate remedy. If applicant contend any designated application materials are exempt from the CPRA and wish to prevent disclosure, applicant agrees that applicant is required, at applicant’s own, cost, liability, and expense to obtain a protective order, injunctive relief or other appropriate remedy from a court having jurisdiction over the matter at least two (2) days before City’s deadline to respond to the California Public Records Act request. Applicant understand and acknowledge that if he/she fail to obtain such a remedy before the deadline for the City’s response to the request, the City will disclose the requested information and shall not be liable or responsible for such disclosure.
19.This Agreement shall only be executed by an authorized representative of the Applicant. The person executing this Agreement represents that he/she has the express authority to enter into agreements on behalf of the Applicant.
20.This Agreement is not assignable without written consent by the City of Atwater. The City of Atwater will not consent to assignment of this Agreement until all outstanding costs have been paid by Applicant.
Applicant: Date: ____
Print Name and Title:
Owner: Date:
CITY OF ATWATER: CANNABIS BUSINESS APPLICATION
Print Name and Title:
City of Atwater
By: Date:
Print Name and Title:
CITY OF ATWATER: CANNABIS BUSINESS APPLICATION
Agreement on Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City
(Must be completed by all applicants)
A. WAIVER, RELEASE AND HOLD HARMLESS
I hereby waive, release, and hold harmless the City of Atwater (“City”) and its Council, boards and commissions, officers, officials, employees, and agents from any and all actual and alleged claims, losses, damages, injuries, liabilities, costs (including attorney’s fees), suits or other expenses which arise out of, or which are in any way relate to my application for a cannabis business permit, the issuance of the cannabis business permit, the process used by the City in making its decision, the enforcement of the conditions of the cannabis business permit, or the cannabis business’ operations.
I hereby waive, release and hold harmless the City and its Council, boards and commissions, officers, officials, employees, and agents from any and all actual and alleged claims, losses, damages, injuries, liabilities, costs (including attorney’s fees), suits or other expenses which arise out of, or which are in any way relate to: (1) any repeal or amendment of any provision of the Atwater Municipal Code or Zoning Ordinance relating to commercial cannabis activity; or
(2) any investigation, arrest or prosecution of me, or the cannabis business’ owners, operators, employees, clients or customers, for a violation of state or federal laws, rules or regulations relating to cannabis activities.
B. AGREEMENT TO INDEMNIFY
I shall defend, indemnify, and hold harmless the City and its Council, boards and commissions, officers, officials, employees, and agents from and against any and all actual and alleged liabilities, demands, claims, losses, damages, injuries, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and attorney’s fees), which arise out of, or which are in any way related to i) the requested cannabis business permit and any land use entitlement related thereto, ii) the proceedings undertaken in connection with the approval, denial, or appeal of the requested cannabis business permit and any land use entitlement related thereto, iii) any subsequent approvals or licensing/permits relating to the requested cannabis business permit and any land use entitlement related thereto, iv) the processing of the requested cannabis business permit and any land use entitlement related thereto, v) any amendments to the approvals for the requested cannabis business permit and any land use entitlement related thereto, vi) the City’s approval, consideration, analysis, review, issuance, denial or appeal of the cannabis business permit; vii) the City’s approval, consideration, analysis, review, issuance, denial or appeal of any land use entitlement related thereto, viii) the City’s drafting, adoption and passage of an ordinance, and related resolutions, policies, rules and regulations, allowing for cannabis businesses, ix) the City’s drafting, adoption and passage of an ordinance, and related resolutions if necessary in the future regarding any zoning law amendment(s) related to my cannabis business, x) the operation of my cannabis business or activity, xi) the process used by the City in making its decision to approve, consider, analyze, review, issue, or deny, my cannabis business permit or any related land use entitlement, or the appeal of either, xii) City’s compliance or failure to comply with applicable laws and regulations or xiii) the alleged violation of any federal, state or local laws by my cannabis business or any of its officers, employees or agents, except where such liability is caused by the sole negligence or willful misconduct of the City.
CITY OF ATWATER: CANNABIS BUSINESS APPLICATION
City may (but is not obligated to) defend such challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. I shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any challenge (“Costs”), whether incurred by me, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City.
C. OBLIGATIONS INDEPENDENT OF AWARD OF PERMIT, LICENSE, OR ENTITLEMENTS My obligations under this Agreement shall apply regardless of whether a cannabis business permit or any related permits or entitlements are issued.
D. OBLIGATIONS SURVIVE EXPIRATION OF PERMIT, LICENSE, OR ENTITLEMENTS My obligations under this Agreement shall survive the expiration of any cannabis business permit or related permit or entitlement issued by the City. No modification of the permit, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
E. PROSECUTION UNDER FEDERAL LAW
I understand that I, other applicants, owners, operators, employees, and members of the cannabis business may be subject to prosecution under Federal Laws.
F. AUTHORIZED TO SIGN
The person whose signature appears below is authorized to sign this Agreement on behalf of the business, applicant/permittee, owners, and operators, and each of them, if more than one, and has submitted this information and all attachments as required by the application process to obtain a cannabis permit from the City of Atwater.
I declare under penalty of perjury that the information provided on this form is true and correct and do hereby apply for a permit pursuant to City of Atwater Municipal Code Chapter 5.70, and all other applicable sections of this Ordinance.
Applicant Signature Printed Name and Title
Name of Business Entity Address of Permitted Location
Date
CITY OF ATWATER: CANNABIS BUSINESS APPLICATION Page 169 of 199
CITY COUNCIL
AGENDA REPORT
MEETING DATE: February 13, 2023
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief
PREPARED BY: Robert Ayuso, Battalion Chief
SUBJECT: Resolution authorizing the City Manager or designee to sign the necessary documentation to reserve two (2) new Fire Command Vehicles for purchase in an amount not to exceed $160,000. (Battalion Chief Ayuso)
RECOMMENDED COUNCIL ACTION
Motion to adopt Resolution No. 3371-23, authorizing the City Manager or designee to sign the necessary documentation to reserve two (2) new Fire Command Vehicles for purchase.
Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
The City of Atwater Fire Department currently utilizes a 1990 Chevrolet 1500 pickup and a 1999 Crown Victoria sedan as two station utility vehicles. Both of these vehicles have exhausted their lifespan and have been problematic to keep running, creating additional maintenance costs. The Fire Department currently has two 2017 Chevrolet Silverado 2500 pickups that function as command vehicles for the Battalion Chiefs. At about a six (6) year-age, these two vehicles would replace the two outdated utility vehicles, allowing more reliable equipment to be utilized on out of county assignments and day to day operations.
Replacement of outdated equipment, prior to the breakdown of equipment, has become a goal of the Fire Department. The City Council adopted the Fiscal Year 2022-2023 Budget on June 27, 2022, which included a line item for two new command vehicles.
By converting the current command vehicle pickups (2017 Chevrolet Silverado 2500s) into utility vehicles, the City would be able to support utilizing the vehicles on out ofcounty assignments, which would provide reimbursement to the City for their use. Due to the current utility vehicles' condition, it isn't a viable option to use them on these types of assignments.
In accordance with the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Cooperative Purchases,” the City may join in purchases and
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
contracts established by other jurisdictions, provided the cooperative agreement is established following a competitive bid process consistent with the City’s competitive process. Sourcewell, formerly known as the National Joint Powers Alliance (“NJPA”), a public agency serving as a national municipal contracting agency, released a Request for Proposals (“RFP”) for the procurement of Vehicles, Cars, Vans, SUV's, and Light Trucks with Related Equipment, Accessories, and Services.
The Fire Department has tried several different options in obtaining these command vehicles with no success. Last year council approved the Purchase Agreement (Purchase Order) for one command vehicle which was being purchased through a factory ordering process. Due to availability and significantly onerous supply chain issues, this vehicle was cancelled. Recently, the Atwater Fire Department received an “unclaimed list” of vehicles from Enterprise Fleet Management (a Sourcewell authorized vendor) in which we would have the opportunity of acquiring vehicles that are already built and other agencies didn't claim. These vehicles came uniquely equipped including variation of exterior colors. Staff created an agenda item to approve the purchase of these two vehicles however, within five (5) days of receiving the list all three (3) of the available vehicles were purchased by other agencies prior to having the opportunity to present to council.
Due to supply chain issues and heavy demand of the 3/4 Chevrolet pickups and Chevrolet Tahoes, staff is recommending adoption of Resolution No. 3172-23 allowing the City Manager to sign and authorize the necessary documentation to reserve two (2) new Fire Command Vehicles for purchase. After the documentation has been signed and vehicles have been reserved, staff will return to council at its next meeting for final ratification of the cooperative purchase. This resolution will allow staff to make the purchasefor the vehicles as soon as they become available rather than risking them beng sold.
II. FISCAL
IMPACTS:
The City Council adopted the Fiscal Year 2022-2023 Budget on June 27, 2022, which included a line item for two new command vehicles. $160,000 is available in the Fiscal Year 2022-2023 Budget, Public Safety Transactions and Use Tax, Machinery and Equipment Account No. 0004-2030-6021 allocated for these two vehicles. Sufficient funding is available in the adopted budget.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s Office.
Agenda Report - Page 3
IV. EXISTING
POLICY:
This item is consistent with goal numbers one (1) and two (2) of the City's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively. Replacement of outdated equipment, prior to the breakdown of equipment, has become the goal of the Fire Department.
V. ALTERNATIVES:
Not required for all staff reports but should be included in most reports where the Council should be considering options, or discussion of options already investigated.
If there are Policy options for consideration, the discussion should be specific and detailed.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL
REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
Staff will prepare and sign the necessary documentation to reserve two (2) new Fire Command Vehicles for purchase. Once a Purchase Agreement (Purchase Order) is completed, it will go back to council for ratification for the purchase of the vehicles. Staff will then coordinate delivery/pickup of the vehicles.
Submitted by:
___________________________________________________________ ______________________________________________________________________ __
Bobby Ayuso, CAL FIRE Battalion Chief
Approved by:
Agenda Report - Page 4
Lori Waterman, City Manager
Attachments:
1. Resolution No. 3371-23 Authorizing CM Signature
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3371-23
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO SIGN THE
NECESSARY DOCUMENTATION TO RESERVE
TWO (2) NEW FIRE COMMAND VEHICLES FOR
PURCHASE
WHEREAS, the City of Atwater Fire Department currently utilizes a 1990 Chevrolet 1500 pickup and a 1999 Crown Victoria sedan as two station utility vehicles. Both vehicles have exhausted their lifespan and have been problematic to keep running, creating additional maintenance costs. The Fire Department currently has two 2017 Chevrolet Silverado 2500 pickups that function as command vehicles for the Battalion Chiefs. At a six (6) yearage, these two vehicles would replace the two outdated utility vehicles, allowing more reliable equipment to be utilized on out of county assignments and day to day operations; and
WHEREAS, the replacement of outdated equipment, prior to breakdown has become a goal of the Fire Department. The City Council adopted the Fiscal Year 2022-2023 Budget on June 27, 2022, which included a line item for two new fire command vehicles. By converting the current command vehicle pickups into utility vehicles, the City would be able to support utilizing the utility vehicles on out-of-county assignments, which would provide reimbursement to the City for their use. Due to the current utility vehicles' condition, it isn't a viable option to use them on these types of assignments; and WHEREAS, Due to supply chain issues with the ¾ ton Chevrolet pickups and Chevrolet Tahoe SUVs, allowing the City Manager to sign and authorize documentation when the vehicles are available, will allow staff to be fiscally responsible. After the vehicle douments have been signed and vehicles have been reserved, staff will return to council for ratification of the purchase; and
WHEREAS, subject to the conditions identified below, the use is in conformance with the codes and standards of the City of Atwater.
Resolution No. 3371-23 Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater hereby finds and declares the following:
1. The above recitals are true and correct and incorporated herein by reference.
2. The City Manager or her designee is authorized to sign documentation regarding the purchase of two (2) new fire command vehicles in an amount not to exceed $160,000.
The foregoing resolution is hereby adopted this 13th day of February 2023.
AYES:
NOES:
ABSENT:
APPROVED:
_______________________________
MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING DATE: February 13, 2023
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Approving a Purchase Agreement (Purchase Order) for the purchase of 911 dispatch radio recording equipment and
approving a Budget Amendment appropriating funds for the purchase of radio recording equipment (Police Chief Salvador)
RECOMMENDED COUNCIL ACTION
Motion to approve a Purchase Agreement (Purchase Order) to Commercial Electronics, for the purchase of 911 dispatch recording equipment in an amount not to exceed $55,418.52; and authorize and direct the City Manager, or her designee, to execute the Purchase Agreement (Purchase Order) on behalf of the City; and Adopts Resolution No. 3367-23 approving Budget Amendment No. 10 amending the Fiscal Year 2022-23 Budget regarding appropriating funds in the amount of $55,418.52 to the Fiscal Year 2022-23 Public Safety Transactions and Use Tax Budget; or Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
The Police Department performs the primary 911 public safety dispatch services for the City. The Center handles and processes over 24,000 in bound non-emergency calls,
11.500 911 emergency calls, and dispatches 35,000 police calls for service on a yearly basis. During the recent storm event, the current call logging recorder equipment failed and the dispatch center lost the ability to record inbound 911 calls for a short time. The department worked with the system vendor to restore the service on an interim basis. In consultation with the vendor, the department was advised that although the system was restored, the current equipment had exceeded its life span and needed to be replaced to ensure reliability. The current Dispatch call logging recorder was purchased in 2016.
The Department engaged the city's current vendor, Commercial Electronics, to provide a quotation on a new compatible dispatch call logging recorder system to ensure reliable operation into the future. Staff has included the quotation in this item and is requesting funding to replace the equipment.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
AMC 3.04.110(C) lists sole source purchases as an exemption to the formal, centralized purchasing procedures. One of the qualifications for a sole source purchase is that the product “has been proven to be the only product that is acceptable.” Further, the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases (page 17),” states that the City’s bidding procedures may be dispensed when it qualifies as a sole source due to the fact when any of the following apply:
1. The brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or
2. The item or service is unique and available only from a sole source; or
3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.
The proposed purchase meets the definitions of the sole source requirement in the following way:
1. Commercial Electronics solution is the only system that matches the current deployed call logging equipment and can successfully process the legacy recordings captured by the system that it will be replacing. This purchase will upgrade the current system and allow for the department to have its latest model.
All legacy recordings would be compatible with the new system without the need for conversion.
For this reason, staff is recommending approval to enter into a purchase agreement with Commercial Electronics to acquire a new Dispatch Call Logging Recorder System.
II. FISCAL
IMPACTS:
The total cost of the Commercial Electronics call logging recorder, to include installation, engineering and sales tax, is approximately $55.418.52. After the purchase and installation, ongoing maintenance of the system will need to be budgeted in future fiscal years.
An analysis of the revenues in the current fiscal year shows that actual revenue in the fund is exceeding projections and is expected to be sufficient to allow for the increase in appropriations as requested.
Approval of Budget Amendment No.10 to increase the Public Safety Transactions and Use Tax Fund Machinery and Equipment Fund expense account number 0004-2021- 6021 by $56,000 will provide sufficient funding to cover the FY 2022-23 cost of the Commercial Electronics call logging recorder Purchase.
This item has been reviewed by the Finance Department.
Agenda Report - Page 3
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s Office.
IV. EXISTING POLICY:
This item is consistent goal numbers one (1) and (2) of the City's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
Not Applicable
VI. INTERDEPARTMENTAL COORDINATION:
Not applicable
VII. PUBLIC PARTICIPATION:
Not Applicable
VIII. ENVIRONMENTAL
REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval, staff will coordinate the execution of the Agreement.
Submitted by:
Michael Salvador, Police Chief
Approved by:
Lori Waterman, City Manager
Attachments:
1. Commercial Electronics Quote
2. Sole source Memo Dispatch recorder
3. Resolution No. 3367-23 Approves Budget Amendment No. 10 RE Commercial
Agenda Report - Page 4
electronics
City of Atwater
Police Department
Michael Salvador, Chief of Police 750 Bellevue Road
Atwater, CA 95301
Phone: (209) 357-6384
Fax: (209) 358-5256
E-Mail: [email protected]
Date: January 30, 2023
To: Lori Waterman, City Manager
From: Michael Salvador, Chief of Police
Subject: Sole Source Purchase request
In accordance with the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases,” under certain circumstances, the City’s bidding requirements may be dispensed with when the services or goods are only available from one source because of:
1. The brand of trade name article, goods, or products or proprietary service is the only one which will properly meet the needs of the City; or
2. The item or service is unique and available only from a sole source; or
3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.
The purchasing of a Commercial Electronics 911 recorder meets the unique sole source requirements of the Police Departments Radio System in the following way:
1. The Commercial Electronics Solution is the Department’s current 911 call logging recorder. This purchase will upgrade the current system and allow for the department to have its latest model.
All legacy recordings would be compatible with the new system without the need for conversion.
The requested purchase meets the requirements as outlined the purchasing manual under “Sole Source Purchases” therefore I am requesting the proposed purchase be declared a sole source purchase.
Respectfully submitted.
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3367-23
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 10 AMENDING 2022-2023
FISCAL YEAR BUDGET REGARDING THE
APPROPRIATION OF FUNDS DERIVED FROM
THE PUBLIC SAFETY TRANSACTIONS AND USE
TAX UNENCUMBERED FUND BALANCE
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3317-22 adopting the 2022-2023 Fiscal Year Budget on June 27, 2022; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 10 to the 2022-2023 Fiscal Year Budget as follows:
SECTION 1: Increasing budget in Public Safety Transactions and Use Tax Fund, Police Department for Fiscal Year 2022-2023
Increase
(Revenue)
0004-0000-1031 Sales and Use tax $56,000
Increase
(Expense)
0004-2021-6021 Machinery and
Equipment
$56,000
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.
Resolution No. 3367-23 Page 2
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.
The foregoing resolution is hereby adopted this 13th day of February 2023.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
MIKE NELSON, MAYOR
ATTEST:
_________________________________
KORY BILLINGS, CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING DATE: February 13, 2023
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Approving a Purchase Agreement (Purchase Order) for the purchase of dispatch radio console equipment and approving a Budget Amendment appropriating funds for the purchase of radio console equipment (Police Chief Salvador)
RECOMMENDED COUNCIL ACTION
Motion to approve a Purchase Agreement (Purchase Order) with Delta Wireless for dispatch radio console equipment, in an amount not to exceed $192,319.74; and adopts Resolution No. 3366-23 approving Budget Amendment No. 9 amending the Fiscal Year 2022-23 Budget regarding appropriating funds in the amount of $192,319.74 to the Fiscal Year 2022-23 Public Safety Transactions and Use Tax Budget; and authorizes and directs the City Manager, or her designee, to execute the Purchase Agreement (Purchase Order) on behalf of the City; or
Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
The Police Department performs the primary 911 public safety dispatch services for the City. The Center handles and processes over 24,000 in bound non-emergency calls,
11.500 911 emergency calls, and dispatches 35,000 police calls for service on a yearly basis. To perform its primary mission of coordinating the delivery of service, the dispatch center uses computerized radio consoles at the two dispatch stations in the communications center. This equipment allows the on-duty dispatcher to not only communicate with deployed units, but in the event of a multi-agency event like the recent winter storms, to coordinate multiple agencies responding to the event. In the event of a system failure, the equipment allows the department to isolate and provide service to local police units independent of the sheriffs' system the Police Department uses. During the recent storm event, the current console equipment failed and the dispatch center lost primary communications ability for a short time. The department worked with the system vendor, Delta Wirleless, to restore the service on an interim basis. In consultation with the vendor, the department was advised that although the system was restored, the current equipment had exceeded not only its life span, but
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
parts to restore or maintain the system were no longer available. The vendor could no longer guarantee that they would be able to restore the system if it failed again. The current Dispatch radio console was purchased in 2016.
Since the Department's radio communications system is tied to and must be compatible with the Merced County Sheriff's Office radio system, the Department engaged the County's vendor, Delta Wireless, to provide a quotation on a new compatible dispatch console system to ensure reliable radio communications into the future. Staff has included the quotation in this item and is requesting funding to replace the equipment.
AMC 3.04.110(C) lists sole source purchases as an exemption to the formal, centralized purchasing procedures. One of the qualifications for a sole source purchase is that the product “has been proven to be the only product that is acceptable.” Further, the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases (page 17),” states that the City’s bidding procedures may be dispensed when it qualifies as a sole source due to the fact when any of the following apply:
1. The brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or
2. The item or service is unique and available only from a sole source; or
3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.
The proposed purchase meets all three definitions of the sole source requirement in the following ways:
1. The Avtec console system is a proprietary system designed and engineered to work with the Sheriff's Office Motorola Radio Trunking System.
2. Delta Wireless is the exclusive dealer for Motorola and Motorola compatible equipment for the Atwater Area.
3. The Avtec Radio Console is the direct replacement for the current 5500 series radio console employed by the Police Department.
For these reasons, staff is recommending approval to enter into a purchase agreement with Delta Wireless to acquire a new Avtec Dispatch Console System.
II. FISCAL
IMPACTS:
The total cost of the Avtec Radio Console, to include installation, engineering and sales tax, is approximately $192,319.74. After the purchase and installation, ongoing maintenance of the system will need to be budgeted in future fiscal years.
An analysis of the revenues in the current fiscal year shows that actual revenue in the fund is exceeding projections and is expected to be sufficient to allow for the increase in
Agenda Report - Page 3
appropriations requested.
Staff recommends approval of Budget Amendment No. 9 to increase the Public Safety Transactions and Use Tax Fund Machinery and Equipment Fund expense account number 0004-2021-6021 by $192,320.00 will provide sufficient funding to cover the FY 2022-23 cost of the Avtec Radio Console Purchase.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s Office.
IV. EXISTING
POLICY:
This item is consistent with and is a step to complete the Police Department’s strategic plan presented on April 8th, 2019. This item also comply with the goals and objectives of the Public Safety Transactions and Use Tax.
V. ALTERNATIVES:
Not Applicable
VI. INTERDEPARTMENTAL COORDINATION:
Not applicable
VII. PUBLIC PARTICIPATION:
Not Applicable
VIII. ENVIRONMENTAL
REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval, staff will coordinate the execution of the agreement and purchase order.
Submitted by:
Michael Salvador, Police Chief
Agenda Report - Page 4
Approved by:
Lori Waterman, City Manager
Attachments:
1. dispatch radio console quote
2. Sole source Memo Dispatch Radio
3. Resolution No. 3366-23 Approves Budget Amendment No. 9 RE Delta Wireless
City of Atwater
Police Department
Michael Salvador, Chief of Police 750 Bellevue Road
Atwater, CA 95301
Phone: (209) 357-6384
Fax: (209) 358-5256
E-Mail: [email protected]
Date: January 20, 2023
To: Lori Waterman, City Manager
From: Michael Salvador, Chief of Police
Subject: Sole Source Purchase request
In accordance with the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases,” under certain circumstances, the City’s bidding requirements may be dispensed with when the services or goods are only available from one source because of:
1. The brand of trade name article, goods, or products or proprietary service is the only one which will properly meet the needs of the City; or
2. The item or service is unique and available only from a sole source; or
3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.
The purchasing of a Avtec Radio Console meets the unique sole source requirements of the Police Departments Radio System in the following ways:
1. The Avtec console system is a proprietary system designed and engineered to work with the Sheriff's Office Motorola Radio Trunking System.
2. Delta Wireless is the exclusive dealer for Motorola and Motorola compatible equipment for the Atwater Area.
3. The Avtec Radio Console is the direct replacement for the current 5500 series radio console employed by the Police Department.
The requested purchase meets the requirements as outlined the purchasing manual under “Sole Source Purchases” therefore I am requesting the proposed purchase be declared a sole source purchase.
Respectfully submitted.
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3366-23
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 9 AMENDING 2022-2023
FISCAL YEAR BUDGET REGARDING THE
APPROPRIATION OF FUNDS DERIVED FROM
THE PUBLIC SAFETY TRANSACTIONS AND USE
TAX UNENCUMBERED FUND BALANCE
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3317-22 adopting the 2022-2023 Fiscal Year Budget on June 27, 2022; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 9 to the 2022-2023 Fiscal Year Budget as follows:
SECTION 1: Increasing budget in Public Safety Transactions and Use Tax Fund, Police Department for Fiscal Year 2022-2023
Increase
(Revenue)
0004-0000-1031 Sales and Use tax $192,320
Increase
(Expense)
0004-2021-6021 Machinery and
Equipment
$192,320
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.
Resolution No. 3366-23 Page 2
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.
The foregoing resolution is hereby adopted this 13th day of February 2023.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
MIKE NELSON, MAYOR
ATTEST:
_________________________________
KORY BILLINGS, CITY CLERK
GOVERNING BOARD MEETING SUMMARY
JANUARY 19, 2023
Directors Present: Director Rodrigo Espinoza, Director April Hogue, Director Paul Llanez, Director Daron McDaniel, Director Jose Moran, Vice Chair-Director Josh Pedrozo, Director Lloyd Pareira, Director Scott Silveira, Director Shane Smith (alternate for Director Matt Serratto), Director Brian Raymond (alternate for Director Mike Nelson)
Directors Absent: Director Pat Nagy
ACTION ITEMS
The MCAG Governing Board:
• Authorized the Executive Director to enter into a contract for the preparation of an Electric Vehicle Readiness Plan in the amount of $158,105 with Willdan Energy Solutions • Approved the FY 2023-24 Overall Work Program Priorities which included support for passenger rail and goods movement, leveraging state and federal funding sources, supporting the completion of AME and the Pioneer Project, support for Hwy 99 improvements, and further investment in bike and pedestrian facilities.
• Accepted the Audited Measure V Financial Statements for FY 2021-2022. The Measure V Citizens Oversight Committee asked staff to convey the following:
1) Encourage jurisdictions to spend down accumulated Measure V funds. 2) Request jurisdictions to be timely and accurate with their quarterly expenditure reports.
3) Request jurisdictions to act quickly to fill vacancies on the Citizens Oversight Committee.
• Approved the following 2023 Appointments to Regional Boards and Commissions:
o San Joaquin Valley Policy Council - Director McDaniel, Director Nagy and Director Silveira as the alternate.
o CALVANS – Director Llanez and Director Nagy as the alternate. o CALCOG – Director Pedrozo and Director Hogue as the alternate. o SJJPA – Director Espinoza and Director Pedrozo as the alternate.
The TJPA Governing Board:
• Authorized the purchase of eight full-size diesel buses in an amount not to exceed $5,335,140.
Through discussion, the Board directed staff to examine the need to purchase full-size buses rather than smaller cutaway buses in the future.
DISCUSSION ITEMS
The MCAG Governing Board discussed the following:
• 2023 One Voice program - The deadline for jurisdictions to submit policy priority forms and to identify delegates is February 10, 2023. Each jurisdiction is limited to 2-3 participants. The trip to Washington DC will be May 9-12, 2023 (9th and 12th are travel days). • Update on JPA renewal process - Counsel Emily Haden informed the board that the jurisdictions have negotiated terms of a revised draft agreement. The final draft will be distributed to the local jurisdictions by counsel in the coming weeks.
• Pioneer Road Complete Streets Project as presented by the City of Los Banos staff • Dibs Annual Report as presented by the San Joaquin Council of Governments staff
OTHER NOTABLE REPORTS
• Caltrans Emergency Storm Operations Information: Quickmaps.dot.ca.gov is an App available on iPhone and Android devices, or 1-800-427-ROAD
• An orientation for new Governing Board members will be held on February 9, 2023 from 2-5pm at MCAG. This orientation is geared towards new board members but alternates and city management are also invited and welcome to attend.
• YARTS service to Yosemite National Park has been temporarily disrupted by the rockslide near Midpines on Hwy 140.