Agenda, regular meeting — Coalinga City Council, January 6, 2022 (part 2 of 2)

not be required, however, where an emergency demolition is required to protect public health or safety as determined by the City.
(2) If the City determines that the recycling plan is incomplete or fails to indicate that at least fifty (50) percent by weight of all construction and demolition debris generated by the project, the recycling plan shall be returned to the applicant and marked "denied" or "further explanation required". (d) Compliance with recycling plan. Prior to receiving a certificate of occupancy or final inspection for the project, the applicant shall submit to the City documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted at least fifty (50) percent of the total construction or demolition debris generated by the project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to the chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the City for the project. This documentation shall include all of the following:
(1) Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material.
(2) A copy of the previously approved recycling plan for the project adding the actual volume or weight of each material diverted and landfilled.
(3) Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this section.
(e) Weighing and disposing of wastes. The City's authorized franchisee disposal company shall be responsible to pick up, weigh and dispose of all waste materials and construction debris in accordance with the approved recycling plan.
(f) Determination of compliance. The City shall review the information submitted under the provisions of this section and determine whether the applicant has complied with the diversion requirement, as follows:
(1) Full compliance. If the City determines that the applicant has fully complied with the diversion requirements applicable to the project, the City shall approve the recycling plan and inform the Building Inspector that a certificate of occupancy or final inspection can be issued. (2) Substantial compliance. If the City determines that the diversion requirement has not been achieved, or the City has determined on a case-by-case basis whether the applicant has made a good faith effort to comply with this section. In making this determination, the City shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris.

If the City determines that the applicant has made a good faith effort to comply with this section, the City shall approve the recycling plan and inform the Building Inspector that a certificate of occupancy or final inspection can be issued.

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(3) Noncompliance. If the City determines that the applicant has not made a good faith effort to comply with this section, or if the applicant fails to submit the documentation required by this section within the required time period, then the applicant shall pay a penalty in the amount calculated as two (2) percent of the total project valuation. After payment of the penalty, the City shall inform the Building Inspector that a certificate of occupancy or final inspection can be issued. (g) Falsification of records. If the applicant deliberately provides false or misleading data to the City in violation of this section, the applicant may be subject to penalties in addition to those specified in this chapter. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this section.
(h) Infeasible exemption. The following procedures will be used to in applying for an infeasible exemption under this section:
(1) If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time he or she submits the recycling plan required under subsection (b) of this section. The applicant shall indicate on the recycling plan the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement. (2) The City shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways to meeting the diversion requirement. The City may request that staff from appropriate County, State and Federal agencies assist in providing information and in the review process.
(3) If the City determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the recycling plan submitted by the applicant. The City shall return a copy of the recycling plan to the applicant marked "Approved for Infeasible Exemption" and shall notify the Building Inspector and the Public Works Department that the recycling plan has been approved.
(4) If the City determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty (30) days to resubmit a recycling plan form in full compliance with subsection (b) of this section. If the applicant fails to resubmit the recycling plan, or if the resubmitted recycling plan does not comply with subsection (b) of this section, the City shall deny the recycling plan in accordance with the section. (i) Appeals. An appeal to the decision made by a City staff member may be made to the City Manager not longer than ten (10) calendar days after the City staff member's decision. The decision of the City Manager shall be final. The applicant must specifically state in notice of appeal the following:
(1) The name and address of the appellant and the appellant's interest in the decision.

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(2) The nature of the decision appealed and/or the conditions appealed from. (3) A clear and complete statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed are unjustified or inappropriate. (4) Specific facts of the matter in sufficient detail to notify the City. The appeal shall not be stated in generalities.
(j) Civil penalties and enforcement. If the City staff member, or upon appeal, the City Manager determines that the applicant is in noncompliance as described in this section, the applicant shall pay a civil penalty in the amount calculated at two (2) percent of the total project valuation. Until the civil penalty is paid, a certificate of occupancy may be withheld by the building Inspector. The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the City.
(§ 1, Ord. 681, eff. May 2, 2003; as amended by §§ 1 and 2, Ord. 717, eff. October 20, 2006) Sec. 6-2.35. Collection of recyclable materials by contract, license, franchise or permits allowed. (a) City Council agreements to collect recyclable materials. The City Council may grant contracts, licenses, franchises, permits or enter into agreements with any person, firm, or corporation for the collection, processing, and marketing of recyclable materials from designated collection locations within the City limits upon such terms and conditions as the City Council may from time to time determine to be in the best interest of the City, and consistent with the provisions of State and Federal law. In such event it shall be unlawful for any person, firm, or corporation other than the licensed, franchised or permitted contractor to collect, process, or market recyclable materials.

Such contract, license, franchise, permit or agreement may be revoked at any time by the City Council for noncompliance with the provisions of this article or for violation of such contract, license, permit, franchise or agreement.
(b) Disposal of recyclable materials. Nothing in the chapter shall limit the right of an individual to donate, sell, or otherwise dispose of his recyclable materials from his or her residential dwelling unit or shall limit the right of community nonprofit organizations (e.g., schools, churches, youth groups) to collect such donations.
(§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.36. Emergency removal of solid wastes.

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the City to constitute a health menace of such nature as necessary to be promptly removed.

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(§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.37. Regulation of material recovery facilities and recycling stations.

It shall be unlawful for any person to engage in the business of owning, operating, managing or maintaining a material recovery facility or recycling station within the City unless such person complies with the provisions of this section:
(a) Diversion and recycling reports. Once each month or other time designated by the City and on a day to be designated by the City, every material recovery facility and recycling station located within the City shall report to the City Manager or his or her designee, the volume in tons of each of the following categories of materials which have been received by that material recovery facility or recycling station since the last report, from any source within the City:
(1) Metal (including aluminum cans, other cans and scrap metals). (2) Glass (including both colored glass and clear glass). (3) Paper products (including, but not necessarily limited to newspaper, cardboard, and other paper products).
(4) Plastics (including California Redemption Value (CRV) plastics and non-California Redemption Value (CRV) plastics.
(b) Other reports. Once each month or other time designated by the City, and on a day to be designated by the City, every material recovery facility and recycling station within the City limits shall report to the City Manager or his or her designee, the amount in tons of the recyclable materials which, the material recovery facility or recycling station has sent out of the City to the following destinations:
(1) Any landfill.
(2) Any secondary recycling location (recycled scrap metal dealer, metal fabricator, paper mill, etc.).
(3) Other locations, including but not limited to, any facility that has the intention of burning the recyclable materials.
(c) Transportation and clean up. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and clean up of recyclable materials on City streets.
(d) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

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(e) Legal compliance. Any person owning, operating, managing or maintaining a material recovery facility or recycling station within the City shall only operate the material recovery facility or recycling station on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land use regulations of the City of Coalinga. (§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.38. Regulation of commercial disposition of construction rubbish.

It shall be unlawful for any person to engage in the business of owning, operating, managing or maintaining any commercial facility which has a purpose engaging in any business which accumulates, collects, transports or disposes of construction rubbish within the City unless such person complies with the provisions of this section.
(a) Reports. Once each month or other time designed by the City and on a day designated by the City, each such business that is located within the City shall report the construction rubbish that the business has collected within the City limits and which it has then disposed of in each of the following manners:
(1) Deposited in any landfill.
(2) Buried in any location other than a landfill or incinerated. (3) Deposited at any location which has the intention of recycling the construction rubbish, including but not limited, to any concrete plant, asphalt plant or any location which intends to reuse directly any of the materials within the construction rubbish. (b) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and cleanup of construction rubbish on City streets.
(c) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports. (d) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of construction rubbish within the City shall only operate the facility on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land-use regulations of the City of Coalinga.
(§ 1, Ord. 681, eff. May 2, 2003)
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Sec. 6-2.39. Regulation of commercial disposition of household hazardous wastes.

It shall be unlawful for any person to engage in the business of owning, operating, managing or maintaining any commercial facility which has as a purpose engaging in any business which accumulates, collects, transports or disposes of household hazardous wastes within the City of unless such person complies with the provisions of this section:
(a) Reports. Once each month, or other time designated by the City and on a day to be designated by the City, each such business which is located within the City shall report to the City Manager or his or her designee, the volume, in tons, of the household hazardous wastes which the business has collected within the City limits and which it has then disposed of in each of the following manners:
(1) Deposited at any landfill.
(2) Buried in any location other than a landfill or incinerated. (3) Deposited at any location which has the intention of recycling the household hazardous waste, including, but not limited to any recycling motor oil as well as the recycling of any insecticides and the recycling of any insecticides or other agricultural chemicals. (b) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and cleanup of household hazardous waste on City streets.
(c) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports. (d) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of household hazardous waste within the City shall only operate the facility on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land use regulations of the City of Coalinga.
(§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.40. Regulation of commercial disposition of hazardous wastes.

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(a) Reports. Once each month or other time designated by the City, and on a day to be designated by the City, each such business which is located within the City shall report to the City Manager or his or her designee, the volume, in tons, of the hazardous wastes which the business has collected within the City limits and which it has then disposed of in each of the following manners:
(1) Deposited at any landfill.
(2) Buried in any location other than a landfill or incinerated. (3) Deposited at any location which has the intention of recycling the hazardous waste, including, but not limited to any recycling motor oil as well as the recycling of any insecticides or other agricultural chemicals.
(b) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and cleanup of hazardous wastes on City streets.
(c) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports. (d) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of hazardous wastes within the City shall only operate the facility on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land-use regulations of the City of Coalinga.
(§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.41. Regulation of commercial disposition of infectious wastes.

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(3) Deposited at any location which has the intention of recycling the infectious waste, including, but not limited to any recycling motor oil as well as the recycling of any insecticides or other agricultural chemicals.
(b) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and cleanup of hazardous waste on City streets.
(c) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports. (d) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of infectious waste within the City shall only operate the facility on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land use regulations of the City of Coalinga.
(§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.42. Regulation of commercial disposition of green wastes.

It shall be unlawful for any person to engage the business of owning, operating, managing or maintaining any commercial facility which has as a purpose engaging in any business which collects green waste within the City unless such person complies with the provisions of this section. (a) Reports. Once each month or other time designated by the City, and on a day designated by the City, each such business which is located within the City shall report to the City, the volume, in tons, of the green wastes which the business has collected within the City limits and which it has then disposed of in each of the following manners:
(1) Deposited in any landfill.
(2) Deposited at any location which has the intention of burning the green wastes, including but not limited to any co-generation plant.
(3) Deposited in other locations, including but not limited to, any facility which had the intention of recycling the material for reuse (including but not limited to reuse by any form of composting or co-composting or as fertilizer or as soil amendments). (b) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and cleanup of green wastes on City streets.

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(c) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports. (d) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of green waste within the City shall only operate the facility on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land use regulations of the City of Coalinga.
(§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.43. Indemnification, insurance and bonds.
(a) Indemnification. All City contract agents, licensees, franchisees and permittees shall indemnify and hold harmless the City, its elected officials, appointed officials, officers, employees and volunteers from, any claims asserted against the City contract agent, licensee, franchisee or permitee or by third parties, arising out of personal injuries or property damage, including hazardous material clean up costs, fines and penalties, suffered by any such persons on account of the operations of the City contract agent, licensee, franchisee or permittee.
(b) Insurance. The contract agent, licensee, franchisee or permittee shall provide and maintain in effect, general liability bodily injury, property damage and environmental liability insurance with limits in an amount approved by the City Manager and the City Attorney and as set forth in the City contract, license, franchise or permit granted by the City Council. The City contract agent, licensee, franchisee or permittee shall have the City, its elected officials, appointed officials, officers, employees and volunteers named as additional insured under each of the aforementioned policies, and such policies shall be endorsed by the insurance carrier to require thirty (30) days' written notice to the City prior to any cancellation thereof. The City contract agent, licensee, franchisee or permittee shall furnish to the City policy endorsements evidencing that the insurance required hereunder is in effect and such policy endorsements shall be in a form approved by the City Attorney.
(c) Performance bond. A person engaged in performing such collection services shall file a performance bond in favor of the City in the sum and form approved by the City Manager and City Attorney to guarantee the faithful performance and compliance with the terms and conditions of City ordinances and the contract between the business and the City. (§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.44. No City contract, franchise, license or permit assignable.

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by the person to whom such contract, license, franchise or permit is awarded, such license, franchise or permit shall be immediately taken up by the Public Services Coordinator or his or her designee. (§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.45. Revocation of City contract, franchise, license or permit. (a) Grounds for revocation. A City contract, franchise, license or permit to accumulate, collect, transport, or dispose of garbage, refuse, rubbish, hazardous wastes, household hazardous wastes, construction rubbish, recyclable materials, green waste materials or other solid waste materials under the provisions of this chapter may be revoked for the following reasons:
(1) Violations of the provisions or the conditions of the City contract, franchise, license or permit issued by the City.
(2) Violations of Federal law, State law, City ordinances (including the City's business license ordinance and zoning ordinance), Federal regulations or State regulations. (3) Improper or unsanitary accumulation, collection, transportation and disposal of solid wastes. (4) Failure to meet the solid waste diversion requirements of Assembly Bill 939 (California Integrated Waste Management Act of 1989) as outlined in the California Public Resources Code Sections 40000 et seq.
(5) Failure to reports on time or to submit complete, accurate reports required by the City or State of California.
(b) Revocation procedures. The Public Services Coordinator may revoke a permit by issuing a written order to the permittee. The order shall state the grounds for such revocation, and that if proof of compliance is not provided to the Public Services Coordinator within fourteen (14) calendar days from the date of the written order, the permit will be revoked thirty (30) days from the date the written order was mailed. The order shall be mailed by certified mail to the contract agent or permittee. The written order shall be subject to appeal to the City Manager if the appeal is made within fourteen (14) days from the date of the written order. Upon revocation of a permit, the permittee shall cease all services subject to the permit within thirty (30) calendar days from the date the order is mailed by the City Manager. The City Manager may adopt regulations to implement the provisions of this section.
(§ 1, Ord. 681, eff. May 2, 2003)

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Sec. 6-2.46. Fees, franchises, permits and licenses.
(a) Fees. In accordance with Division 30, Part 1, Chapter 1 of the Public Resources Code Section 40000 et seq., and other applicable law, the City Council by resolution may levy fees within the City for solid waste collection and management purposes, including but not limited to implementation of an integrated waste management plan; inspection, auditing, review and planning for solid waste, hazardous waste, household hazardous waste and infectious waste releases and spills. Such fees may include, but not be limited to, fees for the costs of preparing and implementing source reduction and recycling elements; household hazardous waste elements, nondisposal facility elements and integrated waste management plans.
(b) Fee waiver. The City Council may, at its election, waive any franchise, permit, or license fees, including but not limited to collectors of green waste. The City Council may exempt non-profit charities registered with the Attorney General of the State of California from permit and license requirements.
(§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.47. Supplemental rules and regulations.
(a) Regulations and charges. Supplemental rules and regulations and future charges may be adopted by the City Council by resolution.
(b) Enforcement. The City Manager or his or her designees shall enforce the provisions of this chapter, and shall have the power to establish supplemental rules and regulations consistent within the provisions of this chapter or any supplemental rules and regulations adopted by the City Council governing the accumulation, collection, removal, transportation and disposal of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste or infectious waste. (c) Copies. Copies of such rules and regulations issued by the City Council or City Manager shall be maintained at all times in the Office of the City Clerk and shall be available for inspection by the general public.
(§ 1, Ord. 681, eff. May 2, 2003)Sec. 6-2.48. Right of entry of City officials for inspection.

To facilitate the enforcement of this chapter and to carry out the true intent thereof, it shall be lawful for the City Public Services Coordinator, Building Inspector, Code Enforcement Officer, Fire Chief, any Peace Officer or other City employee or official designated by the City Manager to enter any industrial unit, commercial units, multifamily unit including hotel, restaurant or public place or any yard or out building of any public place or private residence for the purpose of ascertaining the sanitary condition thereof, and the removal of unlawful or dangerous accumulations of refuse therein or thereon. The City Public Services Coordinator, Building Inspector, Code Enforcement Officer, Fire Chief, any Peace Officer or other City employee or official designated by the City Manager are hereby authorized and directed to enforce the provisions of this chapter, and any person denying or obstructing such entry or inspection shall be guilty of a misdemeanor.

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(§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.49. Violations.
(a) Conviction. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. Such violation may be prosecuted by the City Attorney in the name of the people of the State or California, or redressed by civil action. (b) Fines. Any person convicted of a violation of any section of this chapter shall be fined in a sum not exceeding one thousand dollars ($1,000.00) for any one (1) offense and the person may be confined in jail for a period of not more than six (6) months, or both. (c) Penalties. The City Council may establish penalties by resolution for violations of this chapter. (d) Civil enforcement. As an alternative to criminal enforcement, the City of Coalinga has the independent authority of civilly enforcing any provisions of this chapter, to and including the authority to seek treble damages pursuant to California Code Section 66764. The City Manager and the City Attorney may invoke these remedies, or any of them, whenever he or she deems it appropriate.
(§ 1, Ord. 681, eff. May 2, 2003)
Sec. 6-2.50. Requirement for Commercial Business
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to Jurisdiction’s three-container collection services. Jurisdiction shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the Jurisdiction. (b) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with Jurisdiction’s Blue Container, Green Container, and Gray Container collection service. (c) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas

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where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by Jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. (d) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b). (e) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the Jurisdiction’s Blue Container, Green Container, and Gray Container collection service.
(f) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(g) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. (h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
(i) Provide or arrange access for Jurisdiction or its agent to their properties during all Inspections conducted in accordance with this ordinance to confirm compliance with the requirements of this ordinance.
(j) Accommodate and cooperate with Jurisdiction’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator’s compliance with this ordinance.

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(k) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(l) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements in this ordinance.

WAIVERS FOR GENERATORS
(a) De Minimus Waiver: City may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described below. Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section (a)(2) below. (2) Provide documentation that either:
(A) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
(B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify Jurisdiction if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded. (4) Provide written verification of eligibility for de minimis waiver every 5 years, if Jurisdiction has approved de minimis waiver.

B. Physical Space Waiver: City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this ordinance.

A Commercial Business or property owner may request a physical space waiver through the following process:

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(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to Jurisdiction that it is still eligible for physical space waiver every five years, if Jurisdiction has approved application for a physical space waiver.

REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 9 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. (2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow Jurisdiction’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

Page 45 of 49 ends

(j) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

SELF-HAULER REQUIREMENTS
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.
(b) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Solid Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity. (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. (c) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 12(c) to Jurisdiction if requested. (d) A residential Organic Waste Generator that self hauls Organic Waste is not required to record or report information in Section 12(c) and (d).

Page 46 of 49 ends

INSPECTIONS AND INVESTIGATIONS BY JURISDICTION
(a) Jurisdiction representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow Jurisdiction to enter the interior of a private residential property for Inspection. (b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Jurisdiction’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment (optional); or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
(c) Any records obtained by a Jurisdiction during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) Jurisdiction representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(e) Jurisdiction shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

ENFORCEMENT
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement Official or representative.

Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The Jurisdiction’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources.

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(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, which may be the city manager or their designated entity, legal counsel, or combination thereof.
(2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the Jurisdiction, in consultation with Jurisdiction Enforcement Official. (A) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) may issue Notices of Violation(s).
(d) Process for Enforcement
(1) Jurisdiction Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section ___ establishes Jurisdiction’s right to conduct Inspections and investigations.
(2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) For Jurisdictions assessing contamination processing fees/penalties. For incidences of Prohibited Container Contaminants found in containers, Jurisdiction will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container.

Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within ___ days after determining that a violation has occurred. If the Jurisdiction observes Prohibited Container Contaminants in a generator’s containers on more than ___ (_) consecutive occasion(s), the Jurisdiction may assess contamination processing fees or contamination penalties on the generator. (4) With the exception of violations of generator contamination of container contents addressed under Section 17(d)(3), Jurisdiction shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Jurisdiction’s _____ policy/ordinance/guidelines.

Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the Jurisdiction or if no such address is available, to the owner at the address

Page 48 of 49 ends

of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
(e) Penalty Amounts for Types of Violations
The penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. (2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations
The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 17 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process

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Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with Jurisdiction’s procedures in the Jurisdiction’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order. (i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, Jurisdiction will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Jurisdiction determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste Generator, SelfHauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 17, as needed.

The foregoing Ordinance was introduced by the City Council of the City of Coalinga, at a regular meeting held on December 2, 2021, and was passed and adopted at a regular meeting of the City Council held on January 6, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
________________________________
Ron Ramsey, Mayor
ATTEST:
________________________________
Shannon Jensen, City Clerk

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Authorize up to Two (2) Police Recruit Sponsorships Meeting Date: Thursday, January 6, 2022
From: Marissa Trejo, City Manager
Prepared by: Commander Sean Young
I. RECOMMENDATION:

It is the recommendation of the Chief of Police and City Manager that the City allow the Police Department to sponsor City employees who wish to be in Law Enforcement through the police academy.

II. BACKGROUND:

The Police Department has been actively recruiting in an attempt to fill all Police Officer vacancies, but it has been difficult due to the amount of local agencies we are competing with for candidates.

The Council previously approved sponsoring two (2) City employees through the Police Academy. Those two employees are expected to complete the academy in a few weeks.

III. DISCUSSION:

The Council previously approved a Police Recruit Program as follows:

Basic Program Overview:

1. Open only to City of Coalinga employees who have been employed by the City for at least 1 year and have satisfactorily completed a probationary period;

2. Employees must have annual performance evaluations with an overall rating of Competent or higher;

3. Employee must have no formal discipline within the last two years of employment with the City of Coalinga;

4. Employee will remain a full-time City employee for benefit purposes;

5. Employee’s hourly rate will be adjusted to $14.00 (or whatever minimum wage is at the time);

6. Employee will be permitted to use a City vehicle to commute to and from academy (travel time is unpaid);

7. Employee must apply and successfully complete an oral board interview, chief’s interview, polygraph, background check, psych evaluation and drug screen in order to be selected.

8. Employee would be responsible for the purchase of their academy uniforms, to include uniform pants and shirts, physical training uniforms and boots.

At this time, Staff is seeking Councilapproval to sponsor two additionalcandidates through the academy.

IV. ALTERNATIVES:

Do not approve
V. FISCAL IMPACT:

The Police Recruit hourly rate would be set at minimum wage and, after successful completion of the police academy, the police recruit would be promoted to a full time police officer and moved to the entry officer pay scale.

The cost for the police academy will vary slightly depending on the Academy the recruit goes to. The police department would send the Police recruit to the Fresno City College Police Academy or the Tulare-Kings Counties Basic Police Academy, located at the College of the Sequoias Extension in Hanford.

The Police Department would supply a vehicle for the Police Recruit to travel to and from the academy all required equipment needed to attend the police academy, ie. gun belt and accessories, academic materials and firearm and ammunition, and the academic fees would be supplied by the police department.

Fuel costs are estimated to be between $2,400 and $3,400 based off current fuel prices of about $4.29 per gallon and a vehicle averaging about 20MPG. This price will also vary depending on the cost of fuel and gas mileage of the vehicle.

Majority of the needed equipment is already owned by the Police Department so equipment costs would be minimal.

ATTACHMENTS:

File Name Description
Police_Officer_Recruit_5292019_061021.doc Police Recruit Job Descripton 1 of 3
Rev 6/10/2019 h/Job Descriptions Rev/App/Police Officer Recruit City of Coalinga
155 W. Durian
Coalinga, CA 93210
Police Officer Recruit
Pay Class: Minimum Wage
FLSA Non-Exempt

DEFINITION
This is a non-sworn, training level classification in the Police Department. Recruits do not have police officer powers or authority. Incumbents will assume non-sworn duties within the department and attend a P.O.S.T. Certified Academy, which is approximately 6 months in length. The academy is intense and requires a high degree of discipline.

Upon graduation and award of the Academy Basic Certificate, the incumbent may be appointed to fully sworn Police Officer. At this time, incumbents will begin a new 12 month probationary period.

EXAMPLES OF ESSENTIAL DUTIES
NOTE: Examples listed in this class specification represents but is not necessarily exhaustive or descriptive of duties assigned to this position. Each individual in this classification may not necessarily perform all the duties listed. Management reserves the right to assign other related tasks if such duties are a logical assignment for this position.

Must have the ability to:
• Understand, interpret, and apply State and local laws and regulations, department policies and procedures, and other technical literature pertaining to law enforcement. • React quickly and calmly in emergency or hazardous situations and adopt an effective course of action.
• Observe and remember facts and details of incidents.
• Follow oral and written instructions.
• Learn to operate firearms safely and skillfully.
• Obtain information through interview, interrogation, and observation. • Write clear and accurate reports.
• Establish and maintain effective working relationships with those contacted in the course of work.
• Communicate verbally in a clear, effective manner and provide excellent customer service. 2 of 3
Rev 6/10/2019 h/Job Descriptions Rev/App/Police Officer Recruit • Deal tactfully and effectively with a wide range of different individuals and groups from the community.
• Work rotating shifts for days and evenings.

MINIMUM QUALIFICATIONS
NOTE: The specifications listed below outline the minimum qualifications necessary for entry into the class and do not necessary convey the qualifications of incumbents within the position.

Education: U.S. high school graduate; passed the GED test; passed the California High School Proficiency Exam; or attained a two (2) year or four (4) year degree from an accredited college or university; must have completed or able to attend an accredited basic Peace Officer Standards and Training (POST) Academy.

Experience: No former law enforcement experience required.

Licenses: Valid State of California Drivers License, Class C; must be insurable under the City’s insurance policy without the City incurring any additional premiums or costs.

Other: Must be at least twenty-one (21) years of age, a U.S. citizen or permanent resident alien who is eligible for and has applied for citizenship; pass a polygraph; pass a thorough background investigation with no disqualifying criminal history; a physical examination with drug test; and a psychological evaluation.

NOTE: It is the employee’s responsibility to renew all applicable license(s). The City will reimburse the employee for any required training expenses.

KNOWLEDGE, SKILLS AND ABILITIES
NOTE: The following are a representative sample of the KSA’s necessary to perform essential tasks of the position.

Knowledge of: Familiarity with police methods and objectives; interest and enthusiasm for police work.

Skill and Ability to: Deal courteously with the public and work cooperatively with others; be alert and use good judgment; obtain a standard first aid/Cardiopulmonary Resuscitation (CPR) certificate; learn standard broadcasting procedures of the police radio system; learn laws of arrest pertinent to local and state laws; learn the use and care of firearms.

ATTITUDE
Characterized by initiative, commitment to teamwork and quality performance, and a customerservice orientation; must interact in a positive manner with City employees and the public; willingness to follow a prescribed routine and to work as assigned.

PHYSICAL AND PSYCHOLOGICAL REQUIREMENTS
3 of 3
Rev 6/10/2019 h/Job Descriptions Rev/App/Police Officer Recruit NOTE: The physical and psychological demands described herein are representative of those that must be met by an employee to successfully perform the essential duties of this classification.

Reasonable accommodations may be made to enable an individual with qualified disabilities to perform the essential functions of this job, on a case-by-case basis.

Tasks require a variety of physical activities periodically involving muscular strain related to walking, standing, stooping, sitting and reaching. Essential functions require talking, hearing and seeing. Mental application utilizes memory for details, emotional stability, discriminating thinking and creative problem solving. Frequent travel required in course of performing portions of job functions. Elements of the job pose various degrees of hazard uncertainty common to law enforcement.

Incumbents in this classification are required to work rotating shifts and assignments and may be assigned to work overtime with little or no notice. Due to the varied and unpredictable nature of police work, incumbents may also be required to perform the following:

Measure distances using calibrated instruments such as when investigating traffic accidents or processing crime scenes; make precise arm-hand positioning movements and maintain static arm-hand position such as when sighting and shooting a firearm; direct traffic which requires continuous and repetitive arm-hand movements; use sufficient strength to enable incumbent to sprint, jump, or physically overcome resistance when chasing or apprehending suspects; coordinate the movement of more than one limb simultaneously such as when using a hand radio while driving a vehicle or searching a building with firearm drawn, flashlight on and opening and closing doors; bend or stoop repeatedly and continuously over time such as getting in and out of a patrol car or gathering evidence at crime scenes; patrol officers wear a 15 pound utility/gun belt which requires the continuous support from stomach and lower back muscles; a patrol officer typically spends 7-8 hours per day driving a vehicle which requires the continuous support of lower back muscles; climbing ladders and searching rooftops requires lifting arms above shoulder level and working at heights greater than ten feet; searching for suspects or lost persons may require walking over rough, uneven, slippery or rocky surfaces including fields, parks, hillsides and creeks; an officer is required to listen for alarms, screams, breaking glass or other suspicious and unusual noises that may require investigation; move heavy objects such as equipment (50 pounds and more), and lift and carry injured or intoxicated persons short and long distances; work outdoors in a variety of weather conditions with exposure to the elements; tolerate very hot and very cold temperatures; sit for extended periods of time and may or may not be able to change positions such as when sitting in a patrol vehicle, or performing surveillance; foot beat and search activities require walking for extended periods of time, unable to stop, sit or rest at will; crowd and traffic control duties require standing for extended periods of time, unable to sit or rest at will.

Approved by: _____________________________ _____________ Marissa Trejo, City Manager Date
4 of 3
Rev 6/10/2019 h/Job Descriptions Rev/App/Police Officer Recruit

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Authorize Amendment of the FY22 Budget to Include (2) Additional Groundskeeper Positions for a Total of Four (4)
Meeting Date: January 6, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:

CouncilAuthorization to amend the FY22 budget to include (2) additional groundskeeper positions at a cost of $28,800.00 effective January 6, 2022 through the remainder of the fiscal year and direct staff to advertise for a total of (4) groundskeeper positions in Public Works.

II. BACKGROUND:

During FY22 budget discussions earlier in the year, staff requested to add (4) new groundskeepers’ positions to the public works department. After discussions the City Councilauthorized (2) grounds keepers’ positions but prior to hiring those 2 positions, the Council wanted to see what the cost would possibly be to contract services. In addition, the council said they would consider adding (2) additional groundskeepers depending on the status of the budget for a total of (4) groundskeepers - 2 crews.

Over the last few months staff has reached out to several landscaping companies to solicit costs for providing a variety of services that would typically be performed by a city groundskeeping crew (mowing, fertilizing, trash removal, raking, blowing down surfaces, irrigation control, shrub pruning, ect).

III. DISCUSSION:

Staff solicited an RFP for landscape services (attached) and reached out to every local landscaping company in Coalinga that held a valid business license as well as the following landscaping companies and some responded with proposals and other stated that they cannot perform that amount of work at the frequency expected by the City:

Westscapes (responded with price quote)
Rising Green (responded with price quote)
Michael K. Brown Landscape and Maintenance (did not respond) Brightview (did not respond)
Anderson Landscaping (could not provide service)
Contacted a couple local landscapers in town with business licensees and non were able to perform the amount of work needed or had the proper state licensing to perform the work required.

Westscapes and Rising Green were the only landscaping companies that provided a comprehensive proposal for services however, the cost exceeded that of the cost of (4) full time groundskeepers not including the additional hourly costs for irrigation repair/replacement or special projects. Westscapes proposed $25,946.00 per month which adds up to $311,352.00 per year which is slightly higher than (4) full time groundskeepers and Rising Green proposed 36,000 per month which adds up to $432,000 per year.

As previously stated, staff is asking for consideration for (2) additional landscapers, for a total of (4) – 2 crews. Traditionally, this is what the size of the landscaping division has always been in years past prior to the changes. While drought and state mandates to remove lawn from medians has alleviated some of the mowing/edging workload, those landscapes now require weed abatement, trimming of plant material, and general debris clearing in lieu of mowing/edging. Furthermore, additional plots such as the newly created area on Sunset St., emphasis on quality work performed by trained staff, increased proactive tree trimming, and other such tasks is going to create a strain on a team of two landscapers. Periodically maintenance workers will likely have to help perform the work periodically. This will detract from Public Work’s goals on asset maintenance.

Staff is recommending that the City Council authorize (2) additional groundskeepers for a total of (4) groundskeepers. There a far more benefits to hiring groundskeepers rather than contracting out, especially when the costs seem to be pretty similar. The benefits of in-house staff far outweighs contracted services as we would not incur additional hourly costs for repairs and replacements of irrigation, special projects can be scheduled at no additional hourly costs and we would also have more flexibility in the scope of work that the groundskeepers perform if we add additional plots, medians, parks, etc.

IV. ALTERNATIVES:

Do not authorize the (2) additional groundskeepers – staff does not recommend.

V. FISCAL IMPACT:

Currently the City Council has authorized (2) groundskeeper positions for FY22. The City has spent approximately $26,800 on (2) part time temporary employees to cover the grounds keeping duties while staff investigated contract services since the maintenance workers were removed from the grounds and maintenance budget for FY22 which typically pays a percentage of maintenance worker salaries since they historically have performed grounds keeping duties. With the (2) groundskeepers positions added in the FY22 budget those maintenance worker percentages were removed.

Each groundskeeper fully burdened is $75,822.11, for a total budget of $151,644.22 for FY22. Staff is requesting a budget amendment to include (2) additional groundskeepers at an additional cost of $28,800.00 which represents the difference in cost of (4) total groundskeepers for the remainder of the fiscal year ($26,800) plus the cost of uniform service ($2,000.00). This expense would have to be expended from the general fund.

Currently the General fund has a healthy cash balance and available funds to support this request. Revenues for FY22 are trending to exceed that of the budget leaving additionalanticipated surplus in the budget.

ATTACHMENTS:

File Name Description
RisingGreen.pdf Rising Green Proposal
WestScapes.pdf Westscapes Proposal
RFP_Landscape_Services(final).pdf RFP For Landscaping Services 6713 Hanford Armona rd Hanford ca 93230
5594103783. 5594103256
Rising Green Inc is pleased to submit this proposal for The city of Coalinga The objective
The objective is to make sure your property is watered correctly. hedges are kept trimmed ,and weeds eliminated.. We are one of the few companies who still does clean work. We will make sure the property looks as good as when it first got landscaped . We care for our customers and their properties. We are a big enough company to take on any job. But small enough to care. We will make sure to report or repair any problems. We truly are the eyes and ears of your property.

When We are on premises we will treat it as our own property, Guaranteed! We have all the latest commercial equipment to ensure beautiful work on your property, and of course we are bonded and insured .
2 Description of work

1.we will service common areas that are high lighted in map. Lawns will be mowed, at appropriate height ,edged and blown off ..

2.Trees will be skirted up to 7/8 feet

3. Hedges will be trimmed as needed to provide a neat and healthy appearance

4. We will inspect all common area timers to make sure they are set correctly 5 . Weeds will be eliminated manually and chemically from all common area flowerbeds on a monthly basis

6. Leafs and debris will be blown off common area beds and sidewalks 7 Any sprinkler broken by contractor will be replaced at no charge to client 8 Debris will be removed off flower beds and concrete
9 Sidewalks, and flower beds will be blown off
10 Trash Debris will be removed from medians, parks and city common areas weekly 3 Billed as extra

1. Checking and maintenance of sprinkler systems , Sprinkler parts, valves, pipes and timers for jobs outside scope of work or that fail due to being old, broken by pedestrians or manufacturer defects

2.. Construction clean up

3.Additional plants , rye grass seed ,aeration and grass seeds (Bermuda. Tall fescue etc)

4. Pruning of trees above 8 feet

5. Removal of Cobb webs or hosing down cement

6. Removal of big broken branches that fall because of nature or other events beyond our control

7.Bark,sand,dirt, planting . Other items that may occur which are beyond contractors control

8.Annual color (40 per flat of flowers )

9.Tree service

10.. Pre emergents and weed killer for turf , and insecticides, defoliants, systemics or other chemicals for tree and plant health .
4 Price
Monthly price

$36,000

5 Conclusion
We look forward to working with you and improve the landscape appearance.

If you have any questions feel free to contact Alex Rodriguez at 559-410-3256
Thank you for your consideration.

REQUEST FOR PROPOSAL FOR

LANDSCAPE SERVICES
Prepared By:

Larry Miller, Public Utilities Coordinator
City of Coalinga
Public Works and Utilities Department
155 W. Durian
Coalinga CA 93210
RFP Issued: December 15, 2021
Proposals Due: December 29, 2021

Page 2 of 2 ends

Contents
Request for Proposal......................................................................................................................................... 3 INTRODUCTION AND PURPOSE..................................................................................................................... 3 CONTACT ....................................................................................................................................................... 3 SUBMITTAL REQUIREMENTS......................................................................................................................... 3 SCOPE OF SERVICES AND NECESSARY TASKS: ............................................................................................... 3 TERM OF SERVICES........................................................................................................................................ 4 EVALUATION.................................................................................................................................................. 4 SELECTION PROCESS AND SCHEDULE ........................................................................................................... 4 PROFESSIONAL SERVICES AGREEMENT......................................................................................................... 4 QUESTIONS.................................................................................................................................................... 4 Exhibit 1 – Sample Professional Service Agreement......................................................................................... 5 Exhibit 2 – Landscaped Areas Matrix ................................................................................................................ 6 Exhibit 3 – Landscaped Areas Map.................................................................................................................... 7

Page 3 of 2 ends

Request for Proposal

INTRODUCTION AND PURPOSE
The City of Coalinga is seeking a qualified firm to maintain public landscape areas. These areas include medians, wallscapes, parks, parking lots, facilities, and other similar public spaces. The work will include trimming grass, trimming edges, maintaining bushes and trees, clearing walking paths, leaf removal, trash removal, and maintaining irrigations systems, and other related tasks.

CONTACT
All inquiries, responses, changes, or otherwise can be directed to the contract administrator.

Larry Miller
Public Works & Utilities Coordinator
1(559)935-1533 ext. 131
[email protected]
Office hours are Monday – Thursday 7:00AM – 5:30PM

SUBMITTAL REQUIREMENTS
Please include the following in your proposal.

1. Company information

2. Cost for work

3. Three recent references for similar work
Please submit your proposal by email to [email protected] in accordance with the timeline below.

Late proposals will not be considered.

SCOPE OF SERVICES AND NECESSARY TASKS:

The landscaping needs for the City of Coalinga are general in nature. Usually composing of mowing parks, weed removal from landscaped areas, removal of trash, and debris clean up. Periodically we will require low limbs from trees to be removed, shrubs to be cutback, and irrigation systems to be repaired and maintained according to seasonal demands.

Attached to this RFP as Exhibit 2 is a matrix of locations and their relative needs. Additionally, attached to this request is a high-level map that highlights all of the areas that are requested on Exhibit 2.

The City of Coalinga encourages any interested party request a tour of landscaped areas to get a better feel for the scope of required work. If interested, please contact Larry Miller with the given contact information above.

Page 4 of 2 ends

TERM OF SERVICES
It is the intention of the city to award a contract on an annual basis.

EVALUATION
The Proposals will be evaluated utilizing the following selection criteria.

1. Firm qualifications and experience

2. Cost

3. Ability to respond in a timely manner

4. References
The City reservesthe right to reject any or all Proposalssubmitted. Any Contract awarded forthe services specified under this request for proposal will be made to the consultant who, in the opinion of the City, is best qualified based on the above criteria.

SELECTION PROCESS AND SCHEDULE
Proposals Due December 29, 2021 by 7:00AM
Consultant Selection By December 29, 2021
Execution of Professional Services Agreement By January 10, 2022 Performwork Quarter 1 2022

PROFESSIONAL SERVICES AGREEMENT
Prior to the start of work, the selected consultant will be required to execute a Professional Services Agreement (PSA) with the City. A sample PSA has been attached to this RFP. The PSA may be amended by the City at any given time prior to execution.

QUESTIONS
Please submit all questions by email to Larry Miller at [email protected]. Responses to questions will be made available to all interested parties that have provided notification to city.

Tasks such as mowing, edging, trash cleanup, and debris cleanup shall be done weekly. Tasks such as weed removal shall be done monthly. Other various tasks will be required on a as needed basis.

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Exhibit 1 – Sample Professional
Service Agreement
Initial: City______ Provider______

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AGREEMENT FOR [AGREEMENT NAME]
This Agreement for Professional Services (“Agreement”) is made and entered into this October 25, 2021, by and between the City of Coalinga, a Municipal Corporation (“City”), and [PROVIDER] (“Provider”).

RECITALS
A. Provider represents to City that they are specially trained, experienced, licensed and competent to perform the services which will be required by this Agreement; and B. Provider represents to City that they possessthe skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Provider to render the services as set forth in this Agreement, as Exhibit 1.

NOW THEREFORE, in consideration of the mutual covenants set forth herein for such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

1. Retention of Provider. Subject to the terms and conditions set forth herein, City retains Provider to perform the services identified in this Agreement, as an independent contractor and Provider hereby accepts this independent contractor appointment.

2. Scope of Services. The Provider shall perform professional services, in accordance with all the provisions of this Agreement. The Scope of Work is attached hereto as Exhibit 1.

Provider estimates that at $[DOLLAR AMOUNT], they can provide the city with services. Provider shall correct any and all errors and/or omissions, which arise out of Provider’s negligence or intentional misconduct, in the performance of the Services and any documents resulting therefrom even though City has accepted said Services or documents. Provider shall make such corrections upon City’s request and at no cost or expense to City.

3. Time of Performance. This agreement shall remain in effect until [DATE]. Contract time of completion for individual projects will be agreed upon before assignment of each project to Provider. Services designated in the scope of work shall be completed on agreed date unless prior written approval for a time extension has been granted by Sean Brewer.

4. Compensation. Compensation to be paid to Provider shall be in accordance with the fee schedule, Exhibit 2, subject to the Prevailing Wage Requirements which are available at the office of the Public Works Director. An estimate for cost of services for each project shall be submitted to the Public Works Director before commencement of work. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. An increase in the fee schedule will be allowed at the beginning of year three of this agreement and when the Prevailing Wage for services included in this agreement increases by the same amount approved for increase by the Department of Industrial Relations.

Initial: City______ Provider______

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5. Method of Payment. Provider shall submit monthly billings to City describing the work performed during the preceding month. Provider’s bills shall include a brief description of the Services performed and the date the Services were performed the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Provider no later than 30 days after the date of submittal of a complete invoice for completed tasks and approval of the invoice by City staff.

6. Extra Work. At any time during the term of this Agreement, City may request that Provider perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Services, but which the parties did not include in the Scope of Work. Extra work will be performed on an hourly basis under the Provider’s most current hourly fee schedule. Provider shall not perform, nor be compensated for Extra Work without written authorization from City.

7. Termination. This Agreement may be terminated by the City immediately and without notice for cause or by City without cause upon ten (10) days’ written notice of termination to Provider. Upon termination, Provider shall be entitled to compensation for Services performed up to the effective date of termination, unless this Agreement is terminated for cause, in which case, City may withhold compensation due Provider in order to reimburse City for any losses, damages or expenses caused by Provider’s default under this Agreement.

8. Equal Opportunity Employment. Provider represents that it is an equal opportunity employer and it shall not discriminate against any sub provider, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Provider shall also comply with all relevant provisions of City’s programs or guidelines currently in effect as identified and provided to Provider by City.

9. Insurance Requirements.
a. Provider, at Provider’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies. i. Workers Compensation Coverage. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury or disease. ii. General Liability Coverage. Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with limits of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be TWO MILLION AND NO/100 DOLLARS ($2,000,000), twice the required occurrence limit.

Initial: City______ Provider______

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iii. Automobile Liability Coverage. ISO Form Number CA 0001 covering any auto (Code 1), with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage. iv. Professional Liability Coverage. Contractor will maintain Professional Liability coverage with limits no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per occurrence or claim, and ONE MILLION AND NO/100 DOLLARS ($1,000,000) policy aggregate.

If Provider maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Provider.

Provider’s insurance policies shall be “occurrence” policies and not “claims-made” coverage except for Professional Liability Coverage.

Provider may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Providershall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this subsection a.; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.

Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require Provider to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Alternatively, the City may require Provider to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention.

The policies are to contain, or be endorsed to contain, the following provisions:
i. The City and its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of Provider including materials, parts, or equipment furnished in connection with such work or operations; products used by Provider; or automobiles owned, leased, hired or borrowed by Provider. General liability coverage can be provided in the form of an endorsement to Provider’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. For any claims related to this contract, Provider’s insurance coverage shall be primary insurance as respects the City and its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of Provider’s insurance and shall be non-contributory.

Initial: City______ Provider______

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iii. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.

Providershall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Provider hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Provider may acquire against the City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Provider agrees to obtain endorsements necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The City reserves the right to modify the insurance requirements contained in this contract, including, without limitation, coverage limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

10. Indemnification. To the fullest extent allowable by law, Provider agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or are in any way related to Provider’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful or negligent acts or omissions in the performance of the services and Providers responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s sole or active negligence or willful acts. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement. If Provider maintains additional coverage or higher limits than those required herein, then City shall be entitled to additional coverage or higher limits maintained by Provider.

11. Independent Contractor Status. It is understood and agreed that Provider, in the performance of the Services to be performed pursuant to this Agreement, shall act as and be an independent contractor and shall not act as an agent or employee of City. Provider shall obtain no retirement benefits or other benefits which accrue to City’s employees and Provider hereby expressly waives any claim it may have to any such rights. Nothing in this Agreement shall create or be construed as creating a partnership, joint venture or any other relationship between City and Provider.

12. Provider’s Books and Records.
a. Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Initial: City______ Provider______

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services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Provider under this Agreement.
b. Provider shall maintain all documents and records that demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City. Copies of such documents shall be provided to the City for inspection at the City offices.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Provider’s business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in the City offices. Access to such records and documents shall be granted to any party authorized by Provider, Provider’s representatives, or Provider’s successor-in-interest.

13. Professional Ability of Provider. City has relied upon Provider’s representations regarding its training and professional ability to perform the Services hereunder as a material inducement to enter into this Agreement. Provider shall therefore provide properly skilled personnel to perform all Services under this Agreement. The primary provider of the Services called for by this Agreement shall be [PROVIDER] who shall not be replaced without the written consent of the City.

All work performed by Provider under this Agreement shall be in accordance with the applicable professional standard of care and shall meet the local professional standard of quality ordinarily to be expected of competent persons in Provider’s field of expertise working in Fresno County.

14. Compliance with Laws. Provider shall use the proper standard of care in performing the Services and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations in effect at the time the Agreement is executed. In addition, if the request for proposal to provide professional services which are the subject of this Agreement cited any federal or state financial assistance involved in the project for which the Services are provided, the Provider shall perform all services in accordance with all applicable federal and state laws, rates and regulations in effect at the time the agreement is executed.

15. Licenses. Provider represents and warrants to City that it has all licenses, permits, qualifications, and insurance which are legally required of Provider to lawfully and competently perform the Services. Provider represents and warrants to City that Provider shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, and insurance which are legally required of Provider to lawfully and competently perform the Services. Provider shall maintain a City of Coalinga business license.

16. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Provider. Assignments of any or all rights, duties or obligations of the Provider under this Agreement will be permitted only with the express written consent of the City, which will not be unreasonably Initial: City______ Provider______

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withheld. Provider shall not subcontract any portion of the Services to be performed under this Agreement without the express written consent of the City, which will not be unreasonably withheld.

If City consents to such subcontract, Providershall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall: (1) create any contractual relationship between City and sub Provider; (ii) create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor; (iii) or relieve Provider of any of its obligations and responsibilities under this Agreement.

17. Attorneys’ Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled.

With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court for the County of Fresno, State of California for any proceeding arising hereunder.

18. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters.

Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.

19. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

20. Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.

21. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California. Any action to enforce this Agreement is to be brought in Fresno County, California.

22. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

23. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators.

Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

Initial: City______ Provider______

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24. Authority to Enter Agreement. Provider has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

25. Notice. Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is acknowledged by the addressee, one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three business days after being mailed by first class mail, charges and postage prepaid, property addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:

CITY: PROVIDER:

City of Coalinga
155 West Durian
Coalinga, California 93210
IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and in the year first set forth above.

CITY OF COALINGA, a Municipal Corporation
By:__________________________________
Marissa Trejo, City Manager

PROVIDER
By:___________________________________
Jacqueline Markley, Project Manager
APPROVED AS TO CONTENT: ATTEST:
______________________________ ____________________________________ Sean Brewer City Clerk
Assistant City Manager

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Exhibit 2 – Landscaped Areas
Matrix
Location Description Park Median Wallscape Parking Lot General Facility Lawn Shrubs Trees Walkways Trash Cans Debris Removal Weeds Plaza x x x x x x x x x x
City Hall x x x x x x x
Police Department x x x x x x x
Court House x x x x x x x
Wastewater Entrance x x x x x x x
Polk Street St x x x x x x
Monterey St. x x x x x x x
Washington St. x x x x x
N. Princeton St. x x x x
Cherry Lane x x x x x
Sunset & Van Ness x x x x x x x x
Van Ness & N. Second x x x x x
E. Elm & Baker Street x x x x x
Fifth & Sunset x x x x x x x
Fifth & E. Polk x x x x x x x x
E. Hawthorne Ave & Hayes x x x x x x
Roosevelt St. x x x x x
Forest Ave. x x x x
Pacific & Elm St x x x x x x
Gale Ave & Hwy 33 x x x x
Phelps Ave & Hwy 33 x x x x x x x x
Centennial Park x x x x x x x
Phelps Ave x x x x x x x x
Posa Chanet Blvd x x x x x x x
San Madelle Ave x x x x x
La Cuesta Ave x x x x x
Sandalwood Park x x x x x x x x
Copper Canyon Rd. x x x x x
Sandalwood St. x x x x x
Jayne Ave. x x x x x x
Juniper Ridge x x x x x x
Frame Park x x x x x x x x
Elm St. x x x x x
E. Forest Court x x x x
Exhibit 3 – Landscaped Areas
Map

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Discussion, Direction and PotentialAction regarding Rank Based Elections Meeting Date: January 6, 2022
From: Marissa Trejo, City Manager
Prepared by: Mario Zamora, City Attorney
I. RECOMMENDATION:

Review the materials and give direction for the City Attorney to prepare ordinance language to transition the city council to ranked choice voting, or allow the City Manager to solicit demographers to redraw district lines in accordance with the new census numbers.

II. BACKGROUND:

Currently, Council Members are elected by-districts in five (5) single-member districts. Council Members shall be elected in Council Districts 1, 3, and 5 beginning at the general municipalelection in November 2018, and every four (4) years thereafter. The Council Members from Council Districts 2 and 4 were elected in November 2020, and every four (4) years thereafter.

Every ten (10) years the United States conducts a Census. Thereafter, the City of Coalinga must conduct redistricting in order to account for any changes in population. The City of Coalinga must hire a demographer or other similar technicalexpert to evenly divide the total numbers of persons between the five (5) city council districts.

Using ranked choice voting, each voter would have the opportunity to rank at least a first, second, and third choice among the candidates for each office. (Edelstein v. City and County of San Francisco (2002) 29 Cal.4th 164, 170–171). The votes would be counted in rounds. (Id). If one candidate received more than 50% of the first-choice votes in the first round, then that candidate would be elected. (Id). If no candidate received more than 50% of the first-choice votes, the candidate who received the fewest first-choice votes would be eliminated. (Id). All voters whose first choice was eliminated would have their vote transferred to their second-choice candidate. (Id). This process of transferring votes to the voter's next-choice candidate and eliminating candidates with the fewest votes would be repeated until one candidate received more than 50% of the votes. (Id).

Districts have been traditionally required to comply with the California Voting Rights Act to avoid vote dilution and ensure minority populations have an opportunity to elect a candidate of their choice. Ranked choice voting ensures all citizens not only have one opportunity to elect a candidate of their choice, but additional options should their first choice not receive a majority of votes.

III. DISCUSSION:

The City of Coalinga City Council can direct staff and city attorney to draft the ordinance language transitions from district based majority voting to at-large ranked choice voting.

Ranked-choice voting is currently being implemented in many areas in the state and across the country. In the 2020 general election, voters in Alaska approved an initiative to establish a Ranked Choice Voting general election system. Several other California cities, counties, and districts including; Alameda County, San Leandro, Albany, Eureka, Palm Desert, and Santa Clara County have also adopted a ranked choice voting system.

Ranked choice voting is not explicitly authorized or prohibited by state law.

IV. ALTERNATIVES:

1. Revise the current voting regimen creating ranked choice voting for the five City Council members.

Going forward, there will be five (5) at-large City Council positions with ranked-choice voting selecting each of the City Council members.

2. Keep the current voting regimen and direct the City Manager to hire a demographer to redraw district lines based on the 2020 census data.

V. FISCAL IMPACT:

Long term:
· No redistricting/demographer costs.

ATTACHMENTS:

File Name Description
NoAttachments Available

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Discussion, Direction and PotentialAction regarding Dedicating the Clock Tower to Oscar Garza
Meeting Date: Thursday, January 6, 2022
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:

This item was requested as a Future Agenda Item by Councilman Horn and is recommended by staff.

II. BACKGROUND:

Oscar Garza was hired by the City of Coalinga on October 3, 1994, as an Equipment Mechanic in Public Works. He retired on July 20, 2017, with over 22 years of service.

During his employment as an Equipment Mechanic, Oscar regularly worked on, and repaired, the City's Clock Tower. He was known as the "go-to" person for all things relating to the Clock Tower.

Even after retirement, Oscar continued to serve the City of Coalinga through his appointment to the Planning Commission on February 15, 20218, where he served until his passing on December 16, 2021.

III. DISCUSSION:

IV. ALTERNATIVES:

V. FISCAL IMPACT:

ATTACHMENTS:

File Name Description
NoAttachments Available

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Discussion and Direction regarding Dispatch Contract with Parlier Meeting Date: Thursday, January 6, 2022
From: Marissa Trejo, City Manager
Prepared by: Darren Blevins, Chief of Police
I. RECOMMENDATION:

Staff is requesting Council direction on the Parlier Dispatch contract.

II. BACKGROUND:

The Coalinga Police Department began being the PSAP and dispatch location for Parlier Police Department in February 2019. The department took on this task after negotiating a contract with Parlier for $86,000.00 for the first year and then re-negotiated the contract for $104,000.00 the last two years.

III. DISCUSSION:

When CPD intially took over dispatching for the City of Parlier, we had some training issues with the dispatchers having to monitor a second agency as wellas an influx of additionalcalls for services. Since taking over dispatching for Parlier, their officers are becoming more aggressive over the radio, taking up more radio time than initially anticipated, and, most recently, they have began to calling into dispatch and speaking to our staff in an unprofessional manner.

These occurrences generally happen when a dispatcher may miss something that has come through the CLETS line. Our supervisors have reached out to Parlier's supervisors and asked they address the issues with their officers, but it does not appear that has worked.

Chief Blevins has even reached out to the current Police Chief in Parlier and advised him of the situation on several occasions but they incidents are still occurring.

The other issue we are having is radio time. Often, Coalinga PD officers are having to fight for radio time.

Parlier PD takes up the majority of the radio time where our officers either have to wait for a period of time before they can get on the radio or they have to take action off the radio and then advise dispatch after the fact which is a serious officer safety issue.

In the originalcontract between CPD and PPD dated 10/18/2018, it states either party may terminate the contract with a 180 day written notice.

Additionally, on December 10, 2021, Parlier Mayor Alma Beltran reached out to the City of Coalinga and informed Coalinga she would terminate the dispatch contract on behalf of the City of Parlier if their former Police Chief was hired as Coalinga's next Police Chief upon Chief Blevins' retirement. While there is no decision regarding who will be Coalinga's next Police Chief, Parlier's former Police Chief will be coming on as Coalinga's Interim Police Chief for a few weeks between Chief Blevins' retirement and the time in which a full-time Chief is selected. Therefore, Parlier may decide to terminate the dispatch contract anyway.

IV. ALTERNATIVES:

CPD can continue to dispatch for Parlier PD or the notice of cancellation can be sent.

V. FISCAL IMPACT:

There would be a negative impact to the general fund of $104,000.00 per fiscal year if the contact is terminated.

ATTACHMENTS:

File Name Description
NoAttachments Available

Coalinga City CouncilJanuary 6, 2022

Coalinga City Council
January 6, 2022