March 8, 2022
MINUTES
COUNCIL MEMBERS PRESENT:
Nerio-Guerrero, Longoria, Launer, Thusu
COUNCIL MEMBERS ABSENT:
Reynosa
STAFF MEMBERS PRESENT:
Alaniz, Hernandez, James, Montejano, Patlan, Popovich, Solis, Webster, Yanez
1. OPENING CEREMONIES
1.1. Welcome and Call to Order
Mayor Launer called the meeting to order at 6:30 p.m.
1.2. Invocation
The invocation was led by Chaplain Garcia.
1.3. Pledge of Allegiance
The pledge of allegiance was led by Council Member Longoria.
2. AGENDA CHANGES OR DELETIONS
To better accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed. Additions to Agenda may be added only pursuant to California Government Code section 54954.2(b).
None.
3. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for any person who would like to address the Council on any item that is not on the agenda. Please be advised that State law does not allow the City Council to discuss or take any action on any issue not on the agenda. The City Council may direct staff to follow up on such item(s). Speakers are limited to three (3) minutes. If there is any person wishing to address the City Council at this time please approach the podium and state your name and nature of the request.
None.
4. NEW EMPLOYEES AND PROMOTIONS
4.1. Elizabeth Diaz, Records Technician (DP)
Elizabeth Diaz was introduced by Chief Popovich as the department's new Records Technician. Popovich shared that Diaz was an explorer for 5 years prior to being hired with the department in April 2005 as a Community Service Officer.
Diaz's promotion to Records Technician was effective March 7, 2022.
Diaz was joined by her father and daughter. She thanked the department and Council for the opportunity.
Council congratulated Diaz and provided words of encouragement and support.
5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.
5.1. SUBJECT
Recognition of Dinuba High School men's basketball team for achieving League Championship. (DJ)
a
RECOMMENDATION
Council to approve recognition of Dinuba High School Emperor's men's basketball team for achieving League Championship. (DJ)
5.2. SUBJECT
Pyrotechnics Contract for the 2022 Dinuba Independence Day Celebration (SH)
a
RECOMMENDATION
Council approve the Pyrotechnics Contract with Fireworks America for pyrotechnics services in the amount of $20,000 for the July 3, 2022 Independence Day Celebration and authorize the City Manager or designee to execute the agreement.
5.3. SUBJECT
Leadership Class of Northern Tulare County Request for Co-sponsorship of the Annual Cinco de Mayo Event, May 4-7, 2022 (DJ)
a
RECOMMENDATION
Council approve co-sponsorship of the Cinco de Mayo event at Rose Ann Vuich Park on May 4-7, 2022, and the parade downtown on May 7, 2022, hosted by the Leadership Class of Northern Tulare County.
5.4. SUBJECT
Ordinance 2022-01 (Dinuba Unified School District annexation) second reading and adoption.
a
RECOMMENDATION
Council conduct the second reading, waive reading in full, and adopt Ordinance 2022-01, pertaining to the rezoning of 76.6 acres located on the south side of Kamm Avenue, west of Alta Avenue to the "RCO" zone.
5.5. SUBJECT
Approval of City Council Meeting Minutes (MA)
a
RECOMMENDATION
Council to review and approve City Council meeting minutes of February 22, 2022 as presented.
5.6. SUBJECT
Resolution No. 2022-13 Consideration of Opposition of California Senate Bill SB 972, California Retail Food Code (DJ)
a
RECOMMENDATION
Council to adopt Resolution No. 2022-13 opposing Senate Bill 972 (SB972), which proposes amendments to the California Retail Food Code.
Council member Thusu requested item 5.6 be pulled for further discussion.
A motion was made by Council Member Thusu, second by Council Member Longoria, to approve items 5.1 through 5.5 on the Consent Calendar.
Ayes: Launer, Longoria, Nerio-Guerrero, Thusu
Absent: Reynosa
Council Member Thusu recommended that the city reach out to other cities and local organizations for support in this matter.
Mayor Launer reported on the importance of generating support for the opposition of Bill SB 972.
Assistant Manager James advised that he will reach out to local organizations for support and guidance on the matter.
A motion was made by Council Member Thusu, second by Council Member Nerio-Guerrero, to approve item 5.6 on the Consent Calendar.
Ayes: Launer, Longoria, Nerio-Guerrero, Thusu
Absent: Reynosa
6. WARRANT REGISTER
6.1. SUBJECT
Warrant Register February 25 & March 4, 2022 (KS)
a
RECOMMENDATION
Council to review and approve the Warrant Register as presented.
A motion was made by Council Member Thusu, second by Council Member Nerio-Guerrero, to approve the Warrant Register as presented.
Ayes: Launer, Longoria, Nerio-Guerrero, Thusu
Absent: Reynosa
7. PUBLIC HEARING
7.1. SUBJECT
Ordinance No. 2022-02 Amending Ordinance No. 2019-01 Adopting State Mandated Recycling Programs (IH)
a
RECOMMENDATION
Council conduct a public hearing, receive testimony, close the public hearing and take the following actions by one motion:
1. Introduce and waive the full reading of Ordinance No. 2022-02, amending Ordinance No. 2019-01 that updated Title 7.21 of the Dinuba Municipal Code pertaining to the regulation of State mandated recycling programs; and,
2. Schedule second reading and adoption of Ordinance for March 22, 2022.
Business Manager George Avila presented the Ordinance No. 2022-02 that amends Ordinance No. 2019-01 Adopting State Mandated Recycling Program.
Avila reported that as of January 1, 2022, the State of California mandated the separation of food and organics waste in an effort to reduce the amount of waste that goes to landfills. Avila advised that after consultation with the City Attorney and Pena's Disposal, the amendment to Ordinance No. 2019-01 now includes language that supports mandate compliance. The deadline for the adoption of the new ordinance is April 1, 2022.
Mayor Launer opened the Public Hearing.
Art Pena from Pena's Disposal reported that the mandate will impact the community on a large scale. Pena reported that the mandate requires residents and businesses to separate food scraps from normal waste, which will take effort from the community. Pena's Disposal is working with the City to monitor, enforce, and educate the community to make the transition successful. Pena advised that he will return to the City with further cost information as the mandate continues to be implemented.
Council inquired if funds from the American Rescue Plan Act (ARPA) can be used toward implementing the organics recycling mandate. City Manager Patlan advised that it may be possible and he would look into the details.
Mayor Launer asked Pena what other local agencies are doing toward implementation. Pena advised that the entire State of California is required to comply with the mandate and that each organization is doing its own implementation, and Cal Recycle will be enforcing the mandate.
Hernandez shared that the compliance period is within the next two years.
Hernandez reported the City along with Pena's Disposal will take an educational approach as an outreach to the community.
No public comment from the public was brought forward.
Mayor Launer closed the Public Hearing.
A motion was made by Council Member Thusu, second by Council Member Longoria, to introduce and waive the full reading of Ordinance No. 2022-02, amending Ordinance No. 2019-01 that updated Title 7.21 of the Dinuba Municipal Code pertaining to the regulation of State mandated recycling programs and schedule second reading and adoption of Ordinance for March 22, 2022.
Ayes: Launer, Longoria, Nerio-Guerrero, Thusu
Absent: Reynosa
8. MAYOR/COUNCIL REPORTS
Council Member Thusu reported that he attended the board meeting for the California League of Cities where he met the City of Fresno Mayor Jerry Dyer. Thusu shared that he and the Fire Chief attended the Women's Club luncheon.
Council Member Nerio-Guerrero reported attending the Tulare County Economic Development meeting.
Council Member Longoria reported meeting with Code Enforcement Officer Molina and distributing supplies to the homeless. Longoria praised Code Enforcement Officer Molina for her hard work and dedication to the homeless. Longoria reported speaking with Tulare County United Way and is planning a collaborated event scheduled for the end of March.
Mayor Launer reported attending San Joaquin Valley Policy function and plans to meet again Friday on the topic of roads.
9. CITY MANAGER COMMUNICATIONS
City Manager Patlan reported that the League Meeting was canceled this Thursday.
Patlan shared that he has submitted his interest to be part of the Sales Tax group.
10. CITY STAFF COMMUNICATIONS
Assistant City Manager James reported that there will be a presentation on Redistricting at the next council meeting. James advised that he will be attending a Planning conference next week. James will provide the State of the City video for Mayor Launer to present to Rotary Club.
Administrative Services Director Solis reported that there were 324 accounts credited for water charges in the amount of $70,695 from the Arrearages Program. Solis advised that additional funds are being solicited by Public Works for sewer charges. Solis shared that the California Department of Community Services & Development is offering funds for low-income residents as a one-time credit of up to $2,000 for water and sewer expenses. Solis stated she will look into ACH types of payments for utility accounts and report back to Council with details.
City Attorney Yanez reported that the third Redistricting map that was previously presented to Council has been recommended for approval by the Planning Commission.
Chief Popovich reported that his department is busy working on the budget. Popovich thanked the council for their continued support.
Chief Webster reported on a new CCEMSA policy that goes into effective Monday, March 14, 2022, which limits patient care once EMS arrives at the hospital to forty-five minutes. After forth-five minutes the EMS will turnover the patient to hospital staff. Webster shared that the new policy will have a positive impact on the community and EMS.
Public Works Director Hernandez reported the Alta and Nebraska turnabout project is moving forward. Hernandez reported that Public Works hosted 40 students today and 41 tomorrow from the Dinuba High School Construction Management Academy for Job Shadow Day.
11. ADJOURNMENT
Mayor Launer adjourned the meeting at 7:24 p.m.
City Council Staff Report
Department: POLICE SERVICES March 8, 2022
To: Mayor and City Council
From: Devon Popovich, Chief of Police
Subject: Elizabeth Diaz, Records Technician (DP)
RECOMMENDATION
Recognition of Elizabeth Diaz on her recent promotion from Community Service Officer to Records Technician effective March 7, 2022.
EXECUTIVE SUMMARY
None
OUTSTANDING ISSUES
None
DISCUSSION
None
FISCAL IMPACT
None
PUBLIC HEARING
None
City Council Staff Report
Department: CITY MANAGER'S OFFICE March 8, 2022
To: Mayor and City Council
From: Daniel James, Assistant City Manager
Subject: Recognition of Dinuba High School men's basketball team for achieving League Championship. (DJ)
RECOMMENDATION
Council to approve recognition of Dinuba High School Emperor's men's basketball team for achieving League Championship. (DJ)
EXECUTIVE SUMMARY
OUTSTANDING ISSUES
None.
DISCUSSION
The Dinuba High School Emperors boy’s basketball team had an outstanding 2021-2022 basketball season. The team, head coach Jeff Schofield, and support staff all worked tirelessly and put in tremendous effort throughout the season.
These efforts lead to the defeat of the Central Valley Christian Cavaliers in a score of Dinuba 51 CVC 38 in the Valley Championship. The Dinuba High School Emperors boy’s basketball were named Valley Champions for a second year.
Staff recommends Council approve the recognition of the 2021-2022 Dinuba High School Emperors boy’s basketball team by formal recognition, which is attached herein as 'Attachment A.'
FISCAL IMPACT
None.
PUBLIC HEARING
None required.
ATTACHMENTS:
Description
A: Recognition of the 2021-2022 Dinuba High School Emperors boy’s basketball team
CITY OF DINUB A
Recognition
Dinuba High School Boy’s
Basketball League Champions
Linda Launer, Mayor Attest
Maria Alaniz
Interim City Clerk
WHEREAS, the Dinuba High School Emperors boy’s basketball team had an outstanding 2021-2022 basketball season; and
WHEREAS, the team, head coach Jeff Schofield, and support staff all worked tirelessly and put in tremendous effort throughout the season; and WHEREAS, the Dinuba High School Emperors tremendous efforts lead to the defeat of the Central Valley Christian Cavaliers in a score of Dinuba 51 CVC 38 in the Valley Championship; and
WHEREAS, the Dinuba High School Emperors boy’s basketball were named Valley Champions for a second year; and
NOW, THEREFORE, BE IT RESOLVED, that I, Linda Launer, Mayor of the City of Dinuba, do hereby recognize the efforts and success of the Dinuba High School Emperors boy’s basketball team during the 2021-2022 basketball season.
IN WITNESS THEREOF, I have hereunto set my hand and caused the great seal of the City of Dinuba to be affixed, on this 8th day of March, two-thousand-twenty-two.
2022
City Council Staff Report
Department: PARKS AND COMMUNITY SERVICES March 8, 2022
To: Mayor and City Council
From: Stephanie Hurtado, Parks and Community Services Director Subject: Pyrotechnics Contract for the 2022 Dinuba Independence Day Celebration (SH)
RECOMMENDATION
Council approve the Pyrotechnics Contract with Fireworks America for pyrotechnics services in the amount of $20,000 for the July 3, 2022 Independence Day Celebration and authorize the City Manager or designee to execute the agreement.
EXECUTIVE SUMMARY
The Community Services Department proposes to enter into a contract with Fireworks America to provide pyrotechnic services for the 2022 Independence Day Celebration. The community event is planned to take place on Sunday, July 3, 2022.
OUTSTANDING ISSUES
None.
DISCUSSION
The Independence Day Celebration is a highly anticipated and historically well-attended community event. It is the Council's goal to host the annual Independence Day aerial fireworks show for the community. In keeping with that goal, the Community Services Department sent out an informal request for proposals for aerial fireworks display services. Fireworks America submitted a proposal of $20,000 which includes insurance, the operator(s), permits filings and transportation costs. The proposal is attached herein as Attachment 'A'.
In 2021 there was a clerical error on their part which resulted in a shorter show than anticipated. Fireworks America President Kevin Bruecker sent a letter shortly after apologizing and offered to make a 25% increase in fireworks this year to make the show bigger and better for no additional cost. In this agreement you will see as additional 450 shots to make up for their error last year. Despite a shorter firework display, the company delivered a successful show in 2021 and staff recommends utilizing their services for the 2022 aerial show.
Staff is proposing to host the event at Ridge Creek Golf Course in a similar fashion to the 2021 event. Under this plan, the fireworks will be launched from a safe distance (1,500-2,000 ft.) on the golf course, and public parking will be on the east end of Ave 412 in an open lot, adjacent to the Ridge Creek parking lot. Handicap parking will be accessible in the golf course parking lot. The event is scheduled to begin at 6:30 p.m. and will include live entertainment, food booths and local vendors. The aerial fireworks display will begin at 9:15 p.m. Fireworks America will launch 2,213 total shots over 20 minutes (grand finale has 352 shots). Staff recommends Council authorize the City manager or designee to execute the agreement with Fireworks America in the amount of $20,000 for the 2022 Independence Day Celebration event.
FISCAL IMPACT
The financial impact for this year's event is approximately $30,000. Funding for this expenditure comes from the General Fund/Community Promotions. The additional $10,000 consists of event programming costs such as stage sound/lighting, entertainment, advertising, portable lighting, portable restrooms, and miscellaneous costs.
PUBLIC HEARING
ATTACHMENTS:
Description
A. Pyrotechnics Contract for the 2022 Fireworks Show
City of Dinuba
Presents
Celebrate Freedom
A Fireworks Extravaganza
7/2/2022
Produced by
"The Difference is Quality"
The City of Dinuba
Celebrate Freedom
July 2, 2022
Announcement Barrage Bombardments
Program A Program A
Electrical Electrical
Aerial Titanium Flash Salutes 25 Shot 6 150
3" 20 49 Shot 4 196
100 Shot 2 200
Color and Multi-Color Finale Shells 150 Shot 1 150
2.5" 20 300 Shot 1 300
Total Shots 996
Aerial Show Presentation
Aerial Titanium Flash Salutes Aerial Grand Finale
3" 10
Color and Multi-Color Finale Shells
Color and Multi-Color Aerial Shells 2.5" 180
3" 100 3" 60
4" 50 4" 12
5" 25
6" 12 Aerial Flash Salutes
3" 100
Flitter, Glitter, Electric Color and
Color Changing Shells
3" 50 Replacement Bombardments
4" 25
5" 12 100 Shot 3 300
6" 6 150 Shot 1 150
Distinctive and Unique Aerial Shells Total :Shots 450
3" 25
4" 12
5" 6
6" 3
Streaking Comets & Tiger Tails
3" 20
Premium Aerial Shells
3" 12
4" 4
5" 2
6" 1
The City of Dinuba
Celebrate Freedom
July 2, 2022
#
Grand Totals # Program Price
Program A Program A
Electrical Electrical
Aerial Shells Total Program Price Inclusive of
2.5" 200 Insurance, Operator and
3" 397 Transportation
4" 103
5" 45 Cost $20,000
6" 22
Total Aerial Shells
767
Bombardment Shots
996
450
Total Shots
2213
The City of Dinuba
Show Concept, Services List,
and Miscellaneous Details
Services List:
Fireworks America to Provide:
1) Permit Filings as Required 1) A Suitable Firing Site 2) Storage and Delivery of fireworks 2) Adequate Security for Firing Site 3) All Equipment to produce the display 3) Sand & Sand Removal, if req'd 4) Insurance Aggregate amount of 4) Permit Fees
$10,000,000 (Combined Single Limits) 5) Standby Firefighter Fees, if req'd 5) Worker's Compensation Insurance 6) Sound System and Playback (Statute) 7) Adequate Permit Time as
6) Music Tape listed below.
7) Choreography
Minimum Time Required
Fireworks America will provide permitting services on your behalf. There are minimum times required to pull these permits. Contracts and deposits must be signed and back to us prior to starting these services. Here are the minimum permit times.
Land Based Shows based require a minimum of 30 days to permit based on Local and State Ordinance, FAA and other requirements.
Water based shows require a minimum of 60 days to permit based on all of the above PLUS Coast Guard requirements.
Please plan your show accordingly.
Operators and Assistants:
Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Worker's Compensation Insurance.
The City of Dinuba to Provide:
The City of Dinuba
Show Concept, Services List,
and Miscellaneous Details
Payment Terms:
Method of Discharge:
Dependent upon program choice
Choreography:
Dependent upon program choice
50% of the Sum is to be paid to FA at the signing of the Contract,Balance Net 10 Days After Display
Fireworks & Stage FX America, LLC BATF License Number:
dba: Fireworks America 9-CA-073-20-6B-01843
PO Box 488 9-CA-073-23-6B-01844
Lakeside, CA 92040
619-938-8277 California Licenses:
619-938-8273 Fax GPD-0528
I/E-1129
W-1132
1) This Contract, entered into this 15th day of August, 2021, by and between FIREWORKS & STAGE FX AMERICA, LLC., dba FIREWORKS AMERICA, a California Corporation, duly licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the State of California, hereinafter referred to as "FA" and THE CITY OF DINUBA hereinafter referred to as "BUYER".
2) FA agrees to furnish BUYER, in accordance with the terms and conditions set forth herein, One (1) fireworks/special effects display as per Program _____, submitted, accepted and made part hereof,and the services of a licensed pyrotechnic operator who will be in charge of the execution of said display unless otherwise agreed in writing. This display is to be performed on July 2, 2022, located at Centennial Park.
The time of the display is to be at: 8:30pm.
3) BUYER agrees to pay FA the sum of: Twenty Thousand Dollars and Zero Cents ($20,000.00) (USD) per the following terms: 50% deposit is due to FA on Contract Execution, balance remaining is to be paid in full to FA Net 10 days after the display has fired. 4) Should the BUYER default on these payment terms, a finance charge at a rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is greater, will be charged and accrued on the unpaid balance of the Contract until the Contract is satisfied.
FA is hereby authorized to receive BUYER's financial information from any person or entity for the purpose of verifying BUYER's ability to pay.
5) BUYER, at its expense, agrees to provide FA a suitable DISPLAY SITE in which to stage, setup and fire the display. This DISPLAY SITE will incorporate an appropriate fallout zone, which has to be approved by FA, and that will fulfill any requirements set forth by any governing legal authority. Should the proposed site require the involvement of specialized equipment, watercraft or clean up, BUYER agrees to provide said equipment and labor at BUYER's expense.
Fireworks America Public Display Contract
6) BUYER, at its expense, agrees to provide adequate security to prevent any access to the DISPLAY SITE by members of the general public or any persons not expressly approved by FA. Any claim arising from damage to persons or property caused by any unauthorized access to the DISPLAY SITE is the sole responsibility of the BUYER. Should a multiple day setup be required, BUYER shall provide appropriate security during all the times FA is away from the DISPLAY SITE. 7) BUYER, at its expense, agrees to pay for any required "standby" Firemen, and/or any applicable permit costs and fees as required by state and local statutes, ordinances or regulations.
BUYER agrees to indemnify FA for any and all changes or adjustments made to the DISPLAY at the request of any governing legal authority.
8) BUYER, at its expense, shall provide FA sufficient parking, all necessary site and event passes and allow FA sufficient time and available access, as determined by FA, to safely and professionally setup and discharge the display and subsequently remove the display equipment from the DISPLAY SITE. 9) Should BUYER fail to comply or prove itself unable to comply with the requirements stated in paragraphs 5, 6, 7 and 8 herein, FA shall have no obligation to continue with the performance of the display and the BUYER agrees to pay the full contract price plus any additional associated expenses incurred by FA.
10) BUYER agrees to assume the risk of weather, or any other cause that is beyond FA’s control, that may prevent the display from being discharged on the scheduled date and time. In the event that FA, at its sole discretion, determines that the weather unsuitable for the discharge of the display, BUYER shall pay per the cancellation terms contained in paragraph 11 herein. 11) BUYER shall have the option to cancel this display at any time. If BUYER decides to cancel, BUYER agrees to pay to FA 35% of the display contract price and all other associated costs incurred by FA, including, but not limited to, permits, insurance, pyrotechnic operator's fee, transportation, choreography, custom design or any other provable expense associated with the execution of the Display. 12) BUYER agrees to hold FA harmless from all claims and penalties made against FA in the event that the display fails to start on time or is disrupted after commencement as a direct result of equipment or product malfunction or failure.
13) FA agrees to provide insurance coverage of Six Million Dollars, Bodily Injury and Property Damage and statutory limits for Worker's Compensation. This insurance covers the operations of FA only and does not extend to any other aspect of the event at which such a display may be held. FA’s operations are deemed complete when FA has vacated the premises.
14) Should BUYER fail to perform its obligations as set forth herein, BUYER agrees to indemnify, defend and hold FA harmless from all claims and suits made against FA in conjunction with the discontinuance or cancellation of the display.
Fireworks America Public Display Contract
15) FA agrees to defend, indemnify and hold harmless BUYER from and against all claims and liability arising out of the services to be performed by FA hereunder, except to the extent arising from BUYER'S negligence or willful misconduct.
16) The laws of the State of California shall govern this contract. It is agreed that any court of competent jurisdiction located in the County of San Diego, CA shall be proper venue for an action.
Should such action be brought to enforce or interpret the terms or provisions of this Contract, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
17) Nothing in this contract shall be construed as forming a partnership, joint venture, agency or any form of legal relationship, other than contractual, between BUYER and FA. Neither party shall be held responsible for any agreements or obligations not expressly provided for herein and shall be severally responsible for their own separate debts and obligations. 18) BUYER shall not under any circumstances, be entitled to recover any consequential damages from FA. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded in Paragraph 13 herein. 19) Other Considerations: NONE
20) This agreement shall be binding on the parties and on their heirs, executors, administrators, successors and assigns.
In Witness the parties hereto, by or through their duly authorized agents, have set their hands and seals this 15th day of August, 2021.
Fireworks & Stage FX America, LLC The City of Dinuba
By: J. Scott Danielson By: __________________________
Title: General Manager Title: _________________________
City Council Staff Report
Department: CITY MANAGER'S OFFICE March 8, 2022
To: Mayor and City Council
From: Daniel James, Assistant City Manager
Subject: Leadership Class of Northern Tulare County Request for Co-sponsorship of the Annual Cinco de Mayo Event, May 4-7, 2022 (DJ)
RECOMMENDATION
Council approve co-sponsorship of the Cinco de Mayo event at Rose Ann Vuich Park on May 4-7, 2022, and the parade downtown on May 7, 2022, hosted by the Leadership Class of Northern Tulare County.
EXECUTIVE SUMMARY
The Leadership Class of Northern Tulare County Class (LNTC) is planning the 2022 Cinco de Mayo Event and parade.
The event will take place May May 4-7, 2022, at Rose Ann Vuich Park. The parade will take place Saturday, May 4, 2022. LNTC is once again requesting that the City co-sponsor the event with exclusive use of Vuich Park, closure of the streets in the downtown for the parade and authorize assistance from city staff to prepare grounds and streets for the event.
OUTSTANDING ISSUES
None.
DISCUSSION
This year's Leadership Class (LNTC) is planning the 2022 Cinco de Mayo Festival. Historically the event is held at Rose Ann Vuich Park and this year's LNTC is planning a similar event. The dates of the event are May 4-7, 2022. The event includes food, entertainment, a carnival, and a parade through the downtown.
The LNTC class submitted a request (Attachment A) requesting that the City of Dinuba co-sponsor the event; exclusive use of Rose Ann Vuich Park and assistance from city staff to help prepare the grounds for the event and downtown streets for the parade. In addition, LNTC submitted a request to Community Services for use of Vuich Park, and an application to the Traffic Safety Committee (TSC) for approval of the Cinco de Mayo Parade route through the downtown scheduled on Saturday, May 4. Both Community Services and the TSC have approved the requests submitted by LNTC concerning the Cinco de Mayo event in May.
Co-sponsorship of the event means that the City agrees to allow LNTC to host the event on city property, waive the park use fees and provide in-kind assistance from city staff before, during and after the event.
FISCAL IMPACT
Fiscal impact is estimated at $2,830 for use of the park, pavilion and band shell rental fees. In addition, staff time is provided as an in-kind service during the course of the event.
PUBLIC HEARING
None required.
City Council Staff Report
Department: PUBLIC WORKS March 8, 2022
To: Mayor and City Council
From: Ismael Hernandez, Public Works Director
By: Karl Schoettler, City Planning Consultant
Subject: Ordinance 2022-01 (Dinuba Unified School District annexation) second reading and adoption.
RECOMMENDATION
Council conduct the second reading, waive reading in full, and adopt Ordinance 2022-01, pertaining to the rezoning of
76.6 acres located on the south side of Kamm Avenue, west of Alta Avenue to the "RCO" zone.
EXECUTIVE SUMMARY
The action will result in the pre-zoning of two parcels containing 76.6 acres planned for the development of a new High School by Dinuba Unified School District.
OUTSTANDING ISSUES
None.
DISCUSSION
At the February 22 meeting, the City Council approved the introduction of an ordinance to pre-zone two parcels containing 76.6 acres located on the southwest corner of Kamm Avenue and Alta Avenue.
The pre-zoning is associated with a larger request by Dinuba Unified School District to annex the site into the City and construct and operate a new High School campus. The existing county agricultural zoning will be replaced with the Dinuba "RCO" (Resource Conservation) zone. This zone is typically applied to public facilities throughout the City, including school campuses.
At the same time the City Council also initiated annexation of the site. Staff is currently preparing an application to the Tulare Local Agency Formation Commission (LAFCo) to consider the annexation request.
FISCAL IMPACT
None.
PUBLIC HEARING
A public hearing notice was published prior to the City Council's meeting of February 22, 2022.
ATTACHMENTS:
Description
Ordinance 2022-01
1 ATTACHMENT “A”
ORDINANCE NO. 2022-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DINUBA AMENDING THE ZONING OF PARCELS LOCATED ON THE SOUTHWEST CORNER OF W. KAMM AVENUE AND THE SOUTH
ALTA AVENUE
THE CITY COUNCIL OF THE CITY OF DINUBA HEREBY DOES ORDAIN:
SECTION 1. FINDINGS.
(a) The City of Dinuba administers a Zoning Ordinance (Title 17 of the Dinuba Municipal Code), including a map that designates all parcels of land with specific zoning classifications.
(b) The purpose of zoning is to facilitate a well-planned City and to avoid land use conflicts, among other objectives.
(c) The City has initiated the annexation of two parcels (and portions of parcels) containing approximately 76.6± acres on the southwest corner of W. Kamm Avenue and S. Alta Avenue. Currently the parcels are zoned by Tulare County. The parcels are proposed to be zoned RCO (Resource Conservation) upon annexation to the City. (d) The Assessor Parcel Numbers of the subject parcels are 030-010-006 and 030-010- 041.
(e) The purpose of the zone change is to facilitate the development of a new high school campus by Dinuba Unified School District on the site. (f) The proposed zone change is shown on Exhibit 1.
SECTION 2. SEVERABILITY.
Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
SECTION 3. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five days prior to the Dinuba City Council
Ordinance 2022-01 (City of Dinuba)
2 Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
This Ordinance shall take effect and be in full force thirty (30) days from and after its adoption.
SECTION 5. The foregoing Ordinance No. 2022-01 was introduced at a regular meeting of the City Council of the City of Dinuba on the 22nd day of February, 2022, by the following vote:
AYES: Launer, Longoria, Nerio-Guerrero, Reynoso, Thusu
NOES: None
ABSENT: None
ABSTAIN: None
___________________________________
Linda Launer, Mayor of the City of Dinuba
ATTEST:
____________________________________
Maria Alaniz, City Clerk
Dinuba City Council
Ordinance 2022-01 (City of Dinuba)
3 Exhibit 1
north
KAMM AVE.
Proposed Zoning
designation:
“RCO”
(Resource Conservation)
Project Site
ALTA AVE.
City Council Staff Report
Department: CITY CLERK March 8, 2022
To: Mayor and City Council
From: Maria Alaniz, Interim City Clerk/Human Resources Manager Subject: Approval of City Council Meeting Minutes (MA)
RECOMMENDATION
Council to review and approve City Council meeting minutes of February 22, 2022 as presented.
EXECUTIVE SUMMARY
None.
OUTSTANDING ISSUES
None.
DISCUSSION
None.
FISCAL IMPACT
None.
PUBLIC HEARING
None required.
ATTACHMENTS:
Description
City Council Meeting Minutes, February 22, 2022
City Council Staff Report
Department: CITY MANAGER'S OFFICE March 8, 2022
To: Mayor and City Council
From: Daniel James, Assistant City Manager
Subject: Resolution No. 2022-13 Consideration of Opposition of California Senate Bill SB 972, California Retail Food Code (DJ)
RECOMMENDATION
Council to adopt Resolution No. 2022-13 opposing Senate Bill 972 (SB972), which proposes amendments to the California Retail Food Code.
EXECUTIVE SUMMARY
State Senator Senator Lena Gonzalez (Long Beach) has introduced Senate Bill 972 (SB 972) which would remove the gross annual sales limitation of $50,000 for cottage food operations and authorizes those operations to sell directly to consumers from a mobile food facility, with authorized safety exemptions from the Department of Public Health.
OUTSTANDING ISSUES
None.
DISCUSSION
In September of 2021, Governor Newsom approved AB 1144 which update California's cottage food laws by raising the sales limit from $50,000 to $100,000 and simplified the approval process of a sample product label for cottage food operations. AB 1144 also allowed for the sale of homemade food through the mail and other third-party delivery services.
Senate Bill 972 (SB 972) expands upon this recent change to remove the gross annual sales limitation of $50,000 for cottage food operations and authorizes those operations to sell directly to consumers from a mobile food facility, with authorized safety exemptions from the Department of Public Health. A copy of the draft text is enclosed as Attachment 'A', and summarized below:
1. The bill would exempt street vendors from certain provisions of the code like having access to sinks, restrooms and water tanks if their planned area of operation has access to public faucets or water bottles.
2. It would also exempt vendors from only being able to sell pre-packaged, non-potentially hazardous foods or whole raw fruits or vegetables and would allow them to display or sell sliced fruit and vegetables that were previously prepared at an approved facility and have been stored at approved temperatures, including elotes, tacos and hot dogs.
3. Existing law limits microenterprise home kitchen operations to serving no more than 30 individual meals per day and no more than 60 individual meals per week. They also can’t make more than $50,000 in verifiable gross annual sales. This bill would remove the meal and gross annual sales limitations for vendors and would also lower the cost of obtaining necessary permits and registrations.
The City has concerns with the bill’s provisions to remove the gross annual sales limitation for microenterprise food operators, which was intended to serve as a mechanism to ensure that such operations do not evolve into massive operations. Dinuba is home to many brick and mortar restaurants and food facilities that have struggled to maintain operations because of the COVID-19 pandemic. These storefronts currently hang in the balance of remaining open or closing permanently, despite our efforts to provide expansionary and financial support. SB 972 will only work to further hinder the prosperity of these existing businesses, by encouraging other vendors to pursue cheaper, unregulated food ventures.
Further, SB 972 preempts our traditional regulatory authority over such vendors by exempting street vendors from the California Retail Food Code, and other code provisions, including minimum potable water and restroom requirements.
By lifting the cap on gross annual sales and excluding vendors from basic safety regulations, microenterprise food facilities will have the ability to grow larger, dominate greater areas of public space, and increase the potential to serve potentially hazardous food product to city residents. What’s more, vendors that grow in capacity may result in greater excess of trash and littering and utilizing public space such as streets and sidewalks which must be accessible to handicapped individuals and public safety personnel.
SB 972 removes local discretion on local food vendors by allowing them to grow exponentially, all while removing basic food safety and accessibility requirements that help keep cities clean and residents safe.
For these reasons, staff is recommending that the Council adopt Resolution No. 2022-13 opposing SB 972, and authorize the Mayor to sign and submit a formal letter of opposition to the Chair of the Senate Health Committee. A copy of the resolution and letter of opposition are enclosed as Attachment 'B' and Exhibit 'A'.
FISCAL IMPACT
Senate Bill 972 (SB 972) could have significant fiscal impacts to local "brick and mortar" businesses.
PUBLIC HEARING
A public hearing is not required for this item.
ATTACHMENTS:
Description
A. Draft Text of SB 9
B. Resolution No. 2022-13 SB972 Opposition
SENATE BILL No. 972
Introduced by Senator Gonzalez
(Principal coauthor: Assembly Member Carrillo)
(Coauthors: Senators Durazo and Rubio)
February 10, 2022
An act to amend Sections 113758, 113818, 113825, 113831, 113868, 113947.1, 114069, 114094, 114094.5, 114130, 114217, 114276, 114295, 114297, 114313, 114314, 114315, 114380, and 114381 of, to add Sections 113814.1 and 114289.1 to, to repeal Sections 113947.6 and 114379.50 of, and to repeal and add Section 114395 of, the Health and Safety Code, relating to retail food.
legislative counsel’s digest
SB 972, as introduced, Gonzalez. California Retail Food Code. (1) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law, for purposes of the code, defines a “cottage food operation” as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged.
This bill would remove the gross annual sales limitation in the definition of “cottage food operation.” The bill would also make various other changes to the cottage food operation requirements, including authorizing the sale of the cottage food product at a mobile food facility owned by the cottage food operator.
(2) The California Retail Food Code defines “limited food preparation” as food preparation that is restricted to specified activities,
99 including dispensing or portioning of nonpotentially hazardous food, slicing and chopping of food on a heated cooking surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation.
This bill would include in the definition of “limited food preparation” dispensing and portioning for immediate service to a customer a food that has been temperature controlled until immediately prior to portioning or dispensing, slicing and chopping of nonpotentially hazardous food that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved facility, and reheating of food previously prepared at an approved food facility and stored at the approved temperatures.
(3) The California Retail Food Code defines “mobile food facility” and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water.
This bill would create the category of “compact mobile food facility,” a subtype of mobile food facility, and would define it as a nonpermanent food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would exempt a mobile food facility that sells only prepackaged, nonpotentially hazardous foods or whole raw fruits or vegetables from the California Retail Food Code. The bill would authorize the department to exempt mobile food facilities from specified provisions of the code, including potable water and restroom requirements, if the department determines that the mobile food facility has access to sufficient facilities for those purposes in another manner, as specified. The bill would exempt a compact mobile food facility from certain additional provisions of the code, including a requirement to have an owner or employee who has passed an accredited and approved food safety certification examination. The bill would authorize the department to pre-approve a standard plan for a standardized or mass-produced facility intended to serve as a mobile food facility and would authorize a mobile food facility to use that standardized or mass-produced facility without submitting plans for the individual unit.
The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services. 99 SB 972 — 2 —
This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food facility.
(4) Existing law provides for the regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation.
This bill would remove the meal and gross annual sales limitations on microenterprise home kitchen operations and would authorize those operations to sell directly to consumers from a mobile food facility. (5) Under existing law, violation of the California Retail Food Code is a misdemeanor, unless otherwise specified.
This bill would remove all criminal penalties for a violation of the code and would, instead, authorize the imposition of administrative fines for violations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 113758 of the Health and Safety Code line 2 is amended to read:
line 3 113758. (a) “Cottage food operation” means an enterprise that line 4 has no more than the amount in gross annual sales that is specified line 5 in this subdivision, is operated by a cottage food operator, operator, line 6 and has no more than one full-time equivalent cottage food line 7 employee, not including a family member or household member line 8 of the cottage food operator, within the registered or permitted line 9 area of a private home where the cottage food operator resides and line 10 where cottage food products are prepared or packaged for direct, line 11 indirect, or direct and indirect sale to consumers pursuant to this line 12 part. A “Class A” cottage food operation shall not have more than line 13 seventy-five thousand dollars ($75,000) in verifiable gross annual line 14 sales. A “Class B” cottage food operation shall not have more than line 15 one hundred fifty thousand dollars ($150,000) in verifiable gross line 16 annual sales. The gross annual sales for a “Class A” or “Class B” line 17 cottage food operation shall be annually adjusted for inflation line 18 based on the California Consumer Price Index. A cottage food line 19 operation includes both of the following:
99 — 3 — SB 972
line 1 (1) A “Class A” cottage food operation, which is a cottage food line 2 operation that may engage only in direct sales of cottage food line 3 products from the cottage food operation or other direct sales line 4 venues described in paragraph (4) of subdivision (b). line 5 (2) A “Class B” cottage food operation, which is a cottage food line 6 operation that may engage in both direct sales and indirect sales line 7 of cottage food products from the cottage food operation, from line 8 direct sales venues described in paragraph (4) of subdivision (b), line 9 from offsite events, or from a third-party retail food facility line 10 described in paragraph (5) of subdivision (b).
line 11 (b) For purposes of this section, the following definitions shall line 12 apply:
line 13 (1) “Cottage food employee” means an individual, paid or line 14 volunteer, who is involved in the preparation, packaging, handling, line 15 and storage of a cottage food product, or otherwise works for the line 16 cottage food operation. An employee does not include an line 17 immediate family member or household member of the cottage line 18 food operator, nor an individual who delivers a cottage food line 19 product.
line 20 (2) “Cottage food operator” means an individual who operates line 21 a cottage food operation in their private home and is the owner of line 22 the cottage food operation.
line 23 (3) “Cottage food products” means nonpotentially hazardous line 24 foods, including foods that are described in Section 114365.5 and line 25 114365.5, that are prepared for sale in the kitchen of a cottage food line 26 operation.
line 27 (4) “Direct sale” means a transaction within the state between line 28 a cottage food operation and a consumer, in which the consumer line 29 purchases the cottage food product directly from the cottage food line 30 operation. Direct sales include, but are not limited to, transactions line 31 at holiday bazaars or other temporary events, such as bake sales line 32 or food swaps, transactions at farm stands, certified farmers’ line 33 markets, or through community-supported agriculture line 34 subscriptions, transactions at a mobile food facility operated by line 35 a cottage food operator, transactions occurring in person in the line 36 cottage food operation, and transactions made via the phone, line 37 internet, or any other digital method. A direct sale may be fulfilled line 38 in person, via mail delivery, or using any other third-party delivery line 39 service.
99 SB 972 — 4 —
line 1 (5) “Indirect sale” means a transaction within the state between line 2 a cottage food operation, a third-party retailer, and a consumer, in line 3 which the consumer purchases cottage food products made by the line 4 cottage food operation from a third-party retailer that holds a valid line 5 permit issued pursuant to Section 114381. Indirect sales include, line 6 but are not limited to, sales made to retail shops or to retail food line 7 facilities where food may be immediately consumed on the line 8 premises. An indirect sale may be fulfilled in person, via mail line 9 delivery, or using any other third-party delivery service. line 10 (6) “Private home” means a dwelling, including an apartment line 11 or other leased space, where individuals reside. line 12 (7) “Registered or permitted area” means the portion of a private line 13 home that contains the private home’s kitchen used for the line 14 preparation, packaging, storage, or handling of cottage food line 15 products and related ingredients or equipment, or both, and attached line 16 rooms within the home that are used exclusively for storage. line 17 SEC. 2. Section 113814.1 is added to the Health and Safety line 18 Code, to read:
line 19 113814.1. “Integral” means equipment that is either line 20 permanently attached to the primary unit or equipment that is line 21 securely fastened to the primary unit by means that would prevent line 22 unintentional removal. Equipment may be considered integral line 23 despite being portable or otherwise removable for cleaning, line 24 maintenance, or as part of its regular function. line 25 SEC. 3. Section 113818 of the Health and Safety Code is line 26 amended to read:
line 27 113818. (a) “Limited food preparation” means food preparation line 28 that is restricted to one or more of the following:
line 29 (1) Heating, frying, baking, roasting, popping, shaving of ice, line 30 blending, steaming or boiling of hot dogs, or assembly of line 31 nonprepackaged food.
line 32 (2) Dispensing and portioning of nonpotentially hazardous food. line 33 food or dispensing and portioning for immediate service to a line 34 customer of food that has been temperature controlled until line 35 immediately prior to portioning or dispensing.
line 36 (3) Holding, portioning, and dispensing of any foods that are line 37 prepared for satellite food service by the onsite permanent food line 38 facility or prepackaged by another approved source. line 39 (4) Holding, portioning, and dispensing of any foods that are line 40 prepared by a catering operation.
99 — 5 — SB 972
line 1 (5) Slicing and chopping of nonpotentially hazardous food that line 2 has been washed at an approved facility or slicing and chopping line 3 of food on a heated cooking surface during the cooking process. line 4 (6) Cooking and seasoning to order.
line 5 (7) Juicing or preparing beverages that are for immediate service, line 6 in response to an individual consumer order, that do not contain line 7 frozen milk products.
line 8 (8) Hot and cold holding of food that was previously prepared line 9 at an approved food facility.
line 10 (9) Reheating of food if it was previously prepared at an line 11 approved food facility and stored at temperatures required by this line 12 chapter.
line 13 (b) “Limited food preparation” does not include any of the line 14 following:
line 15 (1) Slicing and chopping potentially hazardous food unless it line 16 is on the heated cooking surface.
line 17 (2) Thawing.
line 18 (3) Cooling of cooked, potentially hazardous food. line 19 (4) Grinding raw ingredients or potentially hazardous food. line 20 (5) Reheating of potentially hazardous foods for hot holding, line 21 except for steamed or boiled hot dogs and tamales in the original, line 22 inedible wrapper.
line 23 (6) Except as authorized in paragraph (3) of subdivision (a), hot line 24 holding of nonprepackaged, potentially hazardous food, except line 25 for roasting corn on the cob, steamed or boiled hot dogs, and line 26 tamales in the original, inedible wrapper.
line 27 (7)
line 28 (5) Washing of foods.
line 29 (8)
line 30 (6) Cooking of potentially hazardous foods for later use. line 31 (9)
line 32 (7) Handling, manufacturing, freezing, processing, or packaging line 33 of milk, milk products, or products resembling milk products line 34 subject to licensing under Division 15 (commencing with Section line 35 32501) of the Food and Agricultural Code.
line 36 SEC. 4. Section 113825 of the Health and Safety Code is line 37 amended to read:
line 38 113825. (a) “Microenterprise home kitchen operation” means line 39 a food facility that is operated by a resident in a private home 99 SB 972 — 6 —
line 1 where food is stored, handled, and prepared for, and may be served line 2 to, consumers, and that meets all of the following requirements:
line 3 (1) The operation has no more than one full-time equivalent line 4 food employee, not including a family member or household line 5 member.
line 6 (2) Food is prepared, cooked, and served on the same day. line 7 (3) Food is consumed onsite at the microenterprise home kitchen line 8 operation or offsite if the food is picked up by the consumer line 9 consumer, served from a mobile food facility, or delivered within line 10 a safe time period based on holding equipment capacity. line 11 (4) Food preparation does not involve processes that require a line 12 HACCP plan, as specified in Section 114419, or the production, line 13 service, or sale of raw milk or raw milk products, as defined in line 14 Section 11380 of Title 17 of the California Code of Regulations. line 15 (5) The service and sale of raw oysters is prohibited. line 16 (6) The production, manufacturing, processing, freezing, or line 17 packaging of milk or milk products, including, but not limited to, line 18 cheese, ice cream, yogurt, sour cream, and butter, is prohibited. line 19 (7) Food preparation is limited to no more than 30 individual line 20 meals per day, or the approximate equivalent of meal components line 21 when sold separately, and no more than 60 individual meals, or line 22 the approximate equivalent of meal components when sold line 23 separately, per week. The local enforcement agency may decrease line 24 the limit of the number of individual meals prepared based on food line 25 preparation capacity of the operation, but shall not, in any case, line 26 increase the limit of the number of individual meals prepared. line 27 (8) The operation has no more than fifty thousand dollars line 28 ($50,000) in verifiable gross annual sales, as adjusted annually for line 29 inflation based on the California Consumer Price Index. line 30 (9)
line 31 (7) The operation only sells food directly to consumers and not line 32 to any a wholesaler or retailer. For purposes of this paragraph, the line 33 sale of food prepared in a microenterprise home kitchen operation line 34 through the internet website or mobile application of an Internet line 35 internet food service intermediary, as defined in Section 114367.6, line 36 or directly from a mobile food facility operated by the line 37 microenterprise home kitchen operation permitholder is a direct line 38 sale to consumers. An operation that sells food through the internet line 39 website or mobile application of an Internet internet food service 99 — 7 — SB 972
line 1 intermediary shall consent to the disclosures specified in paragraphs line 2 (6) and (7) of subdivision (a) of Section 114367.6. line 3 (b) “Microenterprise home kitchen operation” does not include line 4 either of the following:
line 5 (1) A catering operation.
line 6 (2) A cottage food operation, as defined in Section 113758. line 7 (c) For purposes of this section, “resident of a private home” line 8 means an individual who resides in the private home when not line 9 elsewhere for labor or other special or temporary purpose. line 10 SEC. 5. Section 113831 of the Health and Safety Code is line 11 amended to read:
line 12 113831. (a) “Compact mobile food facility” means a line 13 nonpermanent food facility that operates from an individual or line 14 from a pushcart, stand, display, pedal-driven cart, wagon, line 15 showcase, rack, or other nonmotorized conveyance. line 16 (a)
line 17 (b) “Mobile food facility” means any a vehicle used in line 18 conjunction with a commissary or other permanent food facility line 19 upon which food is sold or distributed at retail. “Mobile food line 20 facility” includes a compact mobile food facility. “Mobile food line 21 facility” does not include a “transporter” used to transport packaged line 22 food from a food facility, or other approved source to the consumer. line 23 (b)
line 24 (c) “Single operating site mobile food facilities” means at least line 25 one, but not more than four, unenclosed mobile food facilities, and line 26 their auxiliary units, that operate adjacent to each other at a single line 27 location.
line 28 SEC. 6. Section 113868 of the Health and Safety Code is line 29 amended to read:
line 30 113868. “Portable” means equipment that is capable of being line 31 lifted and moved or has utility connections that are designed to be line 32 disconnected or of sufficient length to permit the unit to be moved line 33 for cleaning, and does not exceed 80 100 pounds (36kg) (46 kg) line 34 in weight. weight or is otherwise designed to be mobile or line 35 separately mobile.
line 36 SEC. 7. Section 113947.1 of the Health and Safety Code is line 37 amended to read:
line 38 113947.1. (a) Food facilities that prepare, handle, or serve line 39 nonprepackaged potentially hazardous food, except temporary line 40 food facilities and compact mobile food facilities, shall have an 99 SB 972 — 8 —
line 1 owner or employee who has successfully passed an approved and line 2 accredited food safety certification examination as specified in line 3 Sections 113947.2 and 113947.3. There shall be at least one food line 4 safety certified owner or employee at each food facility. No A line 5 certified person at a food facility may shall not serve at any other line 6 food facility as the person required to be certified pursuant to this line 7 subdivision. The certified owner or employee need not be present line 8 at the food facility during all hours of operation. line 9 (b) Food facilities that are not subject to the requirements of line 10 subdivision (a) that prepare, handle, or serve nonprepackaged, line 11 nonpotentially hazardous foods, except temporary food facilities line 12 and compact mobile food facilities, shall do one of the following:
line 13 (1) Have an owner or employee who has successfully passed line 14 an approved and accredited food safety certification examination line 15 as specified in Sections 113947.2 and 113947.3. line 16 (2) Demonstrate to the enforcement officer that the employees line 17 have an adequate knowledge of food safety principles as they relate line 18 to the specific operation involved in their assigned duties. line 19 (c) On and after July 1, 2007, temporary Temporary food line 20 facilities and compact mobile food facilities that prepare, handle, line 21 or serve nonprepackaged food shall have an owner or person in line 22 charge who can demonstrate to the enforcement officer that he or line 23 she has they have an adequate knowledge of food safety principles line 24 as they relate to the specific food facility operation. For the line 25 purposes of this subdivision, a compact mobile food facility that line 26 carries, or will carry, a written copy of its standard operating line 27 procedures approved by an enforcement agency is deemed to have line 28 adequate knowledge of food safety principles as they relate to the line 29 specific food facility operation.
line 30 (d) (1) For the purposes of this section, multiple contiguous line 31 food facilities permitted within the same site and under the same line 32 management, ownership, or control shall be deemed to be one food line 33 facility, notwithstanding the fact that the food facilities may operate line 34 under separate permits.
line 35 (2) This subdivision shall not apply to the premises of a licensed line 36 winegrower or brandy manufacturer utilized for wine tastings line 37 conducted pursuant to Section 23356.1 of the Business and line 38 Professions Code of wine or brandy produced or bottled by, or line 39 produced and prepackaged for, that licensee when use is limited line 40 to wine tasting.
99 — 9 — SB 972
line 1 (e) A food facility that commences operation, changes line 2 ownership, or no longer has a certified owner or employee pursuant line 3 to this section shall have 60 days to comply with this subdivision. line 4 (f) The responsibilities of a certified owner or employee at a line 5 food facility or an owner or person in charge of a temporary food line 6 facility described in subdivision (c) shall include the safety of food line 7 preparation and service, including ensuring that all employees who line 8 handle, or have responsibility for handling, nonprepackaged foods line 9 of any kind, have sufficient knowledge to ensure the safe line 10 preparation or service of the food, or both. The nature and extent line 11 of the knowledge that each employee is required to have may be line 12 tailored, as appropriate, to the employee’s duties related to food line 13 safety issues.
line 14 (g) The food safety certificate issued pursuant to Section line 15 113947.3 shall be retained on file at the food facility at all times, line 16 and shall be made available for inspection by the enforcement line 17 officer.
line 18 (h) Certified individuals shall be recertified every five years by line 19 passing an approved and accredited food safety certification line 20 examination.
line 21 (i) A food safety program that was not in effect prior to January line 22 1, 1999, shall not be enacted, adopted, implemented, or enforced, line 23 unless the program fully conforms to the requirements of this part. line 24 SEC. 8. Section 113947.6 of the Health and Safety Code is line 25 repealed.
line 26 113947.6. Notwithstanding Section 114395, a violation of any line 27 provision in Sections 113947.1 to 113947.5, inclusive, shall line 28 constitute an infraction punishable by a fine of not more than one line 29 hundred dollars ($100) for each day of operation in violation. line 30 SEC. 9. Section 114069 of the Health and Safety Code is line 31 amended to read:
line 32 114069. (a) Only prepackaged nonpotentially hazardous food line 33 or uncut produce may be displayed or sold outdoors by a food line 34 facility if all of the following conditions are satisfied:
line 35 (a)
line 36 (1) Outdoor displays have overhead protection that extends over line 37 all food items.
line 38 (b)
99 SB 972 — 10 —
line 1 (2) Food items from the outdoor display are stored inside the line 2 fully enclosed food facility at all times other than during business line 3 hours.
line 4 (c)
line 5 (3) Outdoor displays comply with Section 113980 and have line 6 been approved by the enforcement agency.
line 7 (d)
line 8 (4) Outdoor displays are under the control of the permitholder line 9 of the fully enclosed food facility and are checked periodically on line 10 a regular basis.
line 11 (b) Subdivision (a) does not apply to a compact mobile food line 12 facility. A compact mobile food facility may display or sell cut fruit line 13 and vegetables, uncut produce, and prepackaged nonpotentially line 14 hazardous food if the conditions in subdivision (a) are satisfied. line 15 SEC. 10. Section 114094 of the Health and Safety Code is line 16 amended to read:
line 17 114094. (a) A food facility subject to Section 343(q)(5)(H) of line 18 Title 21 of the United States Code or subject to this section as it line 19 read on July 1, 2011, shall comply with the requirements of that line 20 section of the United States Code and the regulations adopted line 21 pursuant thereto.
line 22 (b) Notwithstanding the Sherman Food, Drug, and Cosmetic line 23 Law (Part 5 (commencing with Section 109875) of Division 104), line 24 and to the extent permitted by federal law:
line 25 (1) Enforcement of this section shall be made pursuant to Section line 26 113713.
line 27 (2) (A) A violation of this section is, notwithstanding Section line 28 114395, an infraction, is punishable by a an administrative fine line 29 of not less than fifty dollars ($50) nor more than five hundred line 30 dollars ($500). A second violation within a five-year period from line 31 a prior violation shall be punishable by a an administrative fine line 32 of not less than one hundred dollars ($100) nor more than one line 33 thousand dollars ($1,000). For a third or subsequent violation line 34 within a five-year period, the administrative fine shall be not less line 35 than two hundred fifty dollars ($250) nor more than two thousand line 36 five hundred dollars ($2,500). A food facility shall not be found line 37 to have committed a violation under this paragraph more than once line 38 during an inspection visit.
99 — 11 — SB 972
line 1 (B) Alternatively, the enforcement agency may assess a civil line 2 penalty of an amount that is no less than or greater than the line 3 amounts specified for fines in this paragraph.
line 4 (c) Except for the civil penalties authorized by this section, this line 5 section shall not be construed to create or enhance any claim, right line 6 of action, or civil liability that did not exist under state law prior line 7 to January 1, 2009, or limit any claim, right of action, or civil line 8 liability that otherwise existed under state law prior to January 1, line 9 2009. The only enforcement mechanism of this section is the line 10 department or local enforcement agency, as set forth in Section line 11 113713.
line 12 (d) This section shall become operative only on and after the line 13 compliance date specified in the federal regulation implementing line 14 Section 343(q)(5)(H) of Title 21 of the United States Code. line 15 SEC. 11. Section 114094.5 of the Health and Safety Code is line 16 amended to read:
line 17 114094.5. (a) A retail food facility shall not sell or offer for line 18 sale after the “use by” date, infant formula or baby food that is line 19 required to have this date on its packaging pursuant to the federal line 20 act, as defined in Section 109930, and federal regulations adopted line 21 pursuant to the federal act, including, but not limited to, Section line 22 107.20 of Title 21 of the Code of Federal Regulations. line 23 (b) Notwithstanding Section 114395, any A retail food facility line 24 that violates this section is guilty of an infraction, punishable by line 25 a fine is subject to an administrative fine of not more than ten line 26 dollars ($10) per day for each item sold or offered for sale after line 27 the “use by” date. The fine administrative fine shall be calculated line 28 based upon the number of days past the “use by” date that the line 29 product is either found being offered for sale, or if the product is line 30 sold, the date of sale as established by evidence of the proof of line 31 purchase, including, but not limited to, a sales receipt. line 32 (c) An enforcement agency may assess administrative penalties line 33 on a retail food facility that violates this section in the amount of line 34 ten dollars ($10) per day for each item sold or offered for sale, in line 35 addition to other penalties authorized by law.
line 36 (d)
line 37 (c) For purposes of this section, the following definitions shall line 38 apply:
99 SB 972 — 12 —
line 1 (1) “Baby food” shall have the meaning given to “baby foods” line 2 in paragraph (c) of Section 407.81 of Title 40 of the Code of line 3 Federal Regulations.
line 4 (2) “Infant formula” shall have the meaning given in subdivision line 5 (z) of Section 321 of Title 21 of the United States Code. line 6 SEC. 12. Section 114130 of the Health and Safety Code is line 7 amended to read:
line 8 114130. (a) Equipment and utensils shall be designed and line 9 constructed to be durable and to retain their characteristic qualities line 10 under normal use conditions.
line 11 (b) Except as specified in subdivision (c), all new and line 12 replacement food-related and utensil-related equipment shall be line 13 certified or classified for sanitation by an American National line 14 Standards Institute (ANSI) accredited certification program. In the line 15 absence of an applicable ANSI certified sanitation standard, line 16 food-related and utensil-related equipment shall be evaluated for line 17 approval by the enforcement agency.
line 18 (c) Restricted food service facilities need not comply with line 19 subdivision (b), depending on the extent of the food service line 20 activities, and if the enforcement officer determines that the line 21 equipment meets the characteristics of subdivision (a). line 22 (d) All new and replacement electrical appliances shall meet line 23 applicable Underwriters Laboratories standards for electrical line 24 equipment as determined by anANSIAmerican National Standards line 25 Institute (ANSI) accredited certification program. program or a line 26 certification program accredited by another accreditation body. line 27 (e) Subdivision (b) does not apply to a compact mobile food line 28 facility if the enforcement agency determines that the equipment line 29 of the facility meets the characteristics described in subdivision line 30 (a).
line 31 SEC. 13. Section 114217 of the Health and Safety Code is line 32 amended to read:
line 33 114217. (a) A potable water tank of sufficient capacity to line 34 furnish an adequate quantity of potable water for food preparation, line 35 warewashing, and handwashing purposes shall be provided for line 36 nonpermanent food facilities.
line 37 (b) At least five gallons of water shall be provided exclusively line 38 for handwashing for each nonpermanent food facility. Any water line 39 Water need for other purposes shall be in addition to the five line 40 gallons for handwashing.
99 — 13 — SB 972
line 1 (c) Except as specified in subdivision (d), at least 25 gallons of line 2 water shall be provided for food preparation and warewashing. line 3 (d) At least 15 gallons of water shall be provided for line 4 nonpermanent food facilities that conduct limited food preparation. line 5 (e) The water delivery system shall deliver at least one gallon line 6 per minute to each sink basin.
line 7 (f) An enforcement agency shall permit a mobile food facility line 8 to operate without providing its own supply of potable water if line 9 alternative supplies of water are available in the planned area of line 10 operation, including, but not limited to, public faucets, bottled line 11 water sales, or bottled water carried with the vendor but stored line 12 outside of the mobile food facility.
line 13 (g) An enforcement agency shall permit a mobile food facility line 14 to operate with an integral water tank smaller than specified under line 15 subdivisions (b), (c), and (d) if the enforcement agency finds that line 16 the mobile food facility is operating in an area and manner that line 17 would allow for replenishment of the water supply as needed during line 18 operations.
line 19 SEC. 14. Section 114276 of the Health and Safety Code is line 20 amended to read:
line 21 114276. (a) A permanent food facility shall provide clean line 22 toilet facilities in good repair for use by employees. line 23 (b) (1) A permanent food facility shall provide clean toilet line 24 facilities in good repair for consumers, guests, or invitees when line 25 there is onsite consumption of foods or when the food facility was line 26 constructed after July 1, 1984, and has more than 20,000 square line 27 feet of floor space.
line 28 (2) Notwithstanding Section 113984.1, toilet facilities that are line 29 provided for use by consumers, guests, or invitees shall be in a line 30 location where consumers, guests, and invitees do not pass through line 31 food preparation, food storage, or utensil washing areas to reach line 32 the toilet facilities.
line 33 (3) For purposes of this section, a building subject to paragraph line 34 (1) that has a food facility with more than 20,000 square feet of line 35 floor space shall provide at least one separate toilet facility for line 36 men and one separate toilet facility for women. line 37 (4) For purposes of this section, the gas pump area of a service line 38 station that is maintained in conjunction with a food facility shall line 39 not be considered as property used in connection with the food 99 SB 972 — 14 —
line 1 facility or be considered in determining the square footage of floor line 2 space of the food facility.
line 3 (c) (1) Toilet rooms shall be separated by well-fitted, line 4 self-closing doors that prevent the passage of flies, dust, or odors. line 5 (2) Toilet room doors shall be kept closed except during cleaning line 6 and maintenance operations.
line 7 (d) Handwashing facilities, in good repair, shall be provided as line 8 specified in Sections 113953 and 113953.3.
line 9 (e) A city, county, or city and county may enact ordinances that line 10 are more restrictive than this section.
line 11 (f) (1) Except as provided in paragraph (1) of subdivision (b), line 12 a food facility that was constructed before January 1, 2004, that line 13 has been in continuous operation since January 1, 2004, and that line 14 provides space for the consumption of food on the premises shall line 15 either provide clean toilet facilities in good repair for consumers, line 16 guests, or invitees on property used in connection with, or in, the line 17 food facility or prominently post a sign within the food facility in line 18 a public area stating that toilet facilities are not provided. line 19 (2) The first violation of paragraph (1) shall result in a warning. line 20 Subsequent violations shall constitute an infraction be punishable line 21 by a an administrative fine of not more than two hundred fifty line 22 dollars ($250).
line 23 (3) The requirements of this section for toilet facilities that are line 24 accessible to consumers, guests, or invitees on the property may line 25 be satisfied by permitting access by those persons to the toilet and line 26 handwashing facilities that are required by this part. line 27 SEC. 15. Section 114289.1 is added to the Health and Safety line 28 Code, to read:
line 29 114289.1. Notwithstanding any other law, a mobile food facility line 30 that sells only prepackaged, nonpotentially hazardous foods or line 31 whole raw fruits or vegetables is exempt from the requirements line 32 of this part.
line 33 SEC. 16. Section 114295 of the Health and Safety Code is line 34 amended to read:
line 35 114295. (a) Except as specified in subdivision (b), all mobile line 36 food facilities shall operate in conjunction with a commissary, line 37 mobile support unit, or other facility approved by the enforcement line 38 agency.
line 39 (b) This section does not apply to mobile food facilities that line 40 operate at community events events, as defined in Section 113755 99 — 15 — SB 972
line 1 113755, and that remain in a fixed position during food preparation line 2 and its hours of operation, if potable water and liquid waste line 3 disposal facilities are available to mobile food facilities requiring line 4 potable water.
line 5 (c) (1) Mobile food facilities shall be stored at or within a line 6 commissary or other location approved by the enforcement agency line 7 in order to have protection from unsanitary conditions. line 8 (2) An enforcement agency shall approve the storage of compact line 9 mobile food facilities in the home of the operator or permitholder line 10 if the food facility is sanitized daily.
line 11 (d) Mobile support units shall be operated from and stored at a line 12 designated commissary and shall be subject to permitting and plan line 13 review.
line 14 (e) Notwithstanding any other provisions of this section, a line 15 mobile food facility that is engaged in food preparation, other than line 16 limited food preparation, as defined in Section 113818, shall not line 17 operate in conjunction with a mobile support unit. line 18 (f) Notwithstanding any other provision of this section, a line 19 compact mobile food facility is not required to operate in line 20 conjunction with a commissary or mobile support unit if the line 21 permitholder operates the compact mobile food facility in line 22 conjunction with a licensed cottage food operation or line 23 microenterprise home kitchen operation.
line 24 SEC. 17. Section 114297 of the Health and Safety Code is line 25 amended to read:
line 26 114297. (a) Mobile food facilities shall be cleaned and serviced line 27 at least once daily during an operating day.
line 28 (b) Except as specified in subdivision (c), all mobile food line 29 facilities shall report to the commissary or other approved facility line 30 on a daily basis.
line 31 (c) Mobile food facilities that are serviced by a mobile support line 32 unit and that do not report to a commissary on a daily basis shall line 33 be stored in a manner that protects the mobile food facility from line 34 contamination. contamination, which may include the home storage line 35 of the food facility. All food shall be stored at the commissary or line 36 other approved facility at the end of the operating day. Prepackaged line 37 nonpotentially hazardous food, whole fruits, and whole vegetables line 38 may be stored in the home prior to sale or preparation of that food line 39 in a compact mobile food facility.
99 SB 972 — 16 —
line 1 (d) Mobile support units shall report to a commissary or other line 2 approved facility for cleaning, servicing, and storage at least daily. line 3 SEC. 18. Section 114313 of the Health and Safety Code is line 4 amended to read:
line 5 114313. (a) Except as specified in subdivisions (b) and (c), line 6 subdivision (b), a mobile food facility where nonprepackaged food line 7 is cooked, blended, or otherwise prepared shall provide a line 8 warewashing sink with at least three compartments with two line 9 integral metal drainboards.
line 10 (1) The dimensions of each compartment shall be large enough line 11 to accommodate the cleaning of the largest utensil and either of line 12 the following:
line 13 (A) At least 12 inches wide, 12 inches long, and 10 inches deep. line 14 (B) At least 10 inches wide, 14 inches long, and 10 inches deep. line 15 (2) Each drainboard shall be at least the size of one of the sink line 16 compartments. The drainboards shall be installed with at least line 17 one-eighth inch per foot slope toward the sink compartment, and line 18 fabricated with a minimum of one-half inch lip or rim to prevent line 19 the draining liquid from spilling onto the floor. line 20 (3) The sink shall be equipped with a mixing faucet and shall line 21 be provided with a swivel spigot capable of servicing all sink line 22 compartments.
line 23 (b) If all utensils and equipment of a mobile food facility are line 24 washed and sanitized on a daily basis at the approved commissary line 25 or other approved food facility, and the mobile food facility line 26 provides and maintains an adequate supply of spare preparation line 27 and serving utensils in the mobile food facility as needed to replace line 28 those that become soiled or contaminated, then the mobile food line 29 facility shall not be required to provide a warewashing sink to only line 30 handle any of the following:
line 31 (1) Nonpotentially hazardous foods that do not require line 32 preparation other than heating, baking, popping, portioning, bulk line 33 dispensing, assembly, or shaving of ice.
line 34 (2) Steamed or boiled hot dogs.
line 35 (3) Tamales in the original, inedible wrapper. line 36 (c) An unenclosed
line 37 (b) A mobile food facility that prepares potentially hazardous line 38 beverages for immediate service in response to an individual line 39 consumer order is approved for limited food preparation shall do line 40 one of the following:
99 — 17 — SB 972
line 1 (1) Provide a three-compartment sink described in subdivision line 2 (a).
line 3 (2)
line 4 (1) Provide at least one two-compartment sink that complies line 5 with subdivision (e) of Section 114099.3.
line 6 (3)
line 7 (2) Provide a one-compartment sink with at least one integral line 8 metal drainboard, an adequate supply of spare preparation and line 9 serving utensils to replace those that become soiled or line 10 contaminated, and warewashing facilities that comply with line 11 subdivision (a) in reasonable proximity to, and readily accessible line 12 for use by, food employees at all times.
line 13 (3) Maintain an adequate supply of spare preparation and line 14 serving utensils on the mobile food facility to ensure that utensils line 15 used for potentially hazardous foods are replaced with clean and line 16 sanitized utensils every four hours or as needed to replace those line 17 that become soiled or contaminated. A mobile food facility that line 18 complies with this paragraph is not required to provide a line 19 warewashing sink.
line 20 SEC. 19. Section 114314 of the Health and Safety Code is line 21 amended to read:
line 22 114314. (a) Handwashing sinks and warewashing sinks for line 23 unenclosed mobile food facilities shall be an integral part of the line 24 primary unit or on an approved auxiliary conveyance that is used line 25 in conjunction with the mobile food facility.
line 26 (b) Warewashing sinks for unenclosed mobile food facilities line 27 shall be equipped with overhead protection made of wood, canvas, line 28 or other materials that protect the sinks from bird and insect line 29 droppings, dust, precipitation, and other contaminants. line 30 (c) A mobile food facility may satisfy the requirements of this line 31 section by demonstrating access to a permitted auxiliary line 32 conveyance containing the necessary handwashing and line 33 warewashing sinks. The auxiliary conveyance may be operated by line 34 the same or a different permitholder. An enforcement agency may line 35 permit an auxiliary conveyance to serve multiple mobile food line 36 facilities operating in close proximity to the auxiliary conveyance, line 37 as determined by the enforcement agency.
line 38 (d) A compact mobile food facility may operate without an line 39 integral handwashing sink, auxiliary sink unit, or other line 40 handwashing facility if it is equipped with a supply of clean, 99 SB 972 — 18 —
line 1 potable water, hand soap, a receptacle for waste water, and paper line 2 towels.
line 3 SEC. 20. Section 114315 of the Health and Safety Code is line 4 amended to read:
line 5 114315. (a) A mobile food facility shall be operated within line 6 200 feet travel distance of an approved and readily available toilet line 7 and handwashing facility, or as otherwise approved by the line 8 enforcement agency, and, if the mobile food facility has multiple line 9 employees or operators, may remain operable by a single employee line 10 or operator so that employees may alternate use of a restroom, to line 11 ensure that restroom facilities are available to facility employees line 12 whenever the mobile food facility is stopped to conduct business line 13 for more than a one-hour period. An enforcement agency may line 14 waive this requirement for a mobile food facility if it finds that the line 15 operations of the mobile food facility provide for adequate access line 16 to restroom facilities in an alternative manner. line 17 (b) This section does not limit the authority of a local governing line 18 body to adopt, by ordinance or resolution, additional requirements line 19 for the public safety, including reasonable time, place, and manner line 20 restrictions pursuant to its authority under subdivision (b) of line 21 Section 22455 of the Vehicle Code.
line 22 SEC. 21. Section 114379.50 of the Health and Safety Code is line 23 repealed.
line 24 114379.50. A violation of this chapter is, notwithstanding line 25 Section 114395, an infraction, provided, however, that the first line 26 violation shall result in a notice of violation. A second violation line 27 within a five-year period from the notice of violation shall be line 28 punishable by a fine of not more than two hundred fifty dollars line 29 ($250). For a third or subsequent violation within a five-year line 30 period, the fine shall be not more than five hundred dollars ($500). line 31 A restaurant shall not be found to have committed a violation under line 32 this chapter more than once during an inspection visit. line 33 SEC. 22. Section 114380 of the Health and Safety Code is line 34 amended to read:
line 35 114380. (a) A person proposing to build or remodel a food line 36 facility shall submit complete, easily readable plans drawn to scale, line 37 and specifications to the enforcement agency for review, and shall line 38 receive plan approval before starting any new construction or line 39 remodeling of a facility for use as a retail food facility. 99 — 19 — SB 972
line 1 (b) Plans and specifications may also be required by the line 2 enforcement agency if the agency determines that they are line 3 necessary to ensure compliance with the requirements of this part, line 4 including, but not limited to, a menu change or change in the line 5 facility’s method of operation.
line 6 (c) (1) All new school food facilities or school food facilities line 7 that undergo modernization or remodeling shall comply with all line 8 structural requirements of this part. Upon submission of plans by line 9 a public school authority, the Division of the State Architect and line 10 the local enforcement agency shall review and approve all new line 11 and remodeled school facilities for compliance with all applicable line 12 requirements.
line 13 (2) Notwithstanding subdivision (a), the Office of Statewide line 14 Health Planning and Development (OSHPD) shall maintain its line 15 primary jurisdiction over licensed skilled nursing facilities, and line 16 when new construction, modernization, or remodeling must be line 17 undertaken to repair existing systems or to keep up the course of line 18 normal or routine maintenance, the facility shall complete a line 19 building application and plan check process as required by OSHPD. line 20 Approval of the plans by OSHPD shall be deemed compliance line 21 with the plan approval process required by the local county line 22 enforcement agency described in this section.
line 23 (3) Except when a determination is made by the enforcement line 24 agency that the nonconforming structural conditions pose a public line 25 health hazard, existing public and private school cafeterias, limited line 26 service charitable feeding operation facilities, and licensed health line 27 care facilities shall be deemed to be in compliance with this part line 28 pending replacement or renovation.
line 29 (d) Except when a determination is made by the enforcement line 30 agency that the nonconforming structural conditions pose a public line 31 health hazard, existing food facilities that were in compliance with line 32 the law in effect on June 30, 2007, shall be deemed to be in line 33 compliance with the law pending replacement or renovation. If a line 34 determination is made by the enforcement agency that a structural line 35 condition poses a public health hazard, the food facility shall line 36 remedy the deficiency to the satisfaction of the enforcement line 37 agency.
line 38 (e) The plans shall be approved or rejected within 20 working line 39 days after receipt by the enforcement agency and the applicant line 40 shall be notified of the decision. Unless the plans are approved or 99 SB 972 — 20 —
line 1 rejected within 20 working days, they shall be deemed approved. line 2 The building department shall not issue a building permit for a line 3 food facility until after it has received plan approval by the line 4 enforcement agency. This section does not require that plans or line 5 specifications be prepared by someone other than the applicant. line 6 (f) Upon receipt of complete, easily readable plans drawn to line 7 scale, and specifications satisfactory to the enforcement agency, line 8 an enforcement agency may preapprove a standard plan for a line 9 standardized or mass-produced facility intended to serve as a line 10 mobile food facility. The manufacturer of the standardized facility line 11 may be required to affix a sticker or decal to each individual unit line 12 certifying that the unit was built in accordance with the line 13 preapproved blueprints. A person proposing to operate a mobile line 14 food facility who has acquired a facility for which the plans have line 15 already been approved is not required to submit plans for the line 16 individual unit, but instead the plans shall be deemed approved. line 17 The permit application for a mobile food facility utilizing a line 18 preapproved facility shall include a certification that the applicant line 19 has not substantially altered the facility from the preapproved line 20 plans.
line 21 (g) The repair of equipment or integral fixtures on a mobile line 22 food facility or the replacement of equipment and fixtures with line 23 substantially similar equipment or fixtures is not a remodel, and line 24 the repair or replacement of equipment or fixtures does not require line 25 the submission of plans to an enforcement agency. line 26 SEC. 23. Section 114381 of the Health and Safety Code is line 27 amended to read:
line 28 114381. (a) A food facility shall not be open for business line 29 without a valid permit.
line 30 (b) A permit shall be issued by the enforcement agency when line 31 investigation has determined that the proposed facility and its line 32 method of operation meets the specifications of the approved plans line 33 or conforms to the requirements of this part.
line 34 (c) A permit, once issued, is nontransferable. A permit shall be line 35 valid only for the person, location, type of food sales, or line 36 distribution activity and, unless suspended or revoked for cause, line 37 for the time period indicated.
line 38 (d) Any fee for the permit or registration or related services, line 39 including, but not limited to, the expenses of inspecting and line 40 impounding any a utensil suspected of releasing lead or cadmium 99 — 21 — SB 972
line 1 in violation of Section 108860 as authorized by Section 114393, line 2 review of HACCP plans, and alternative means of compliance line 3 shall be determined by the local governing body. Fees shall be line 4 sufficient to cover the actual expenses of administering and line 5 enforcing this part. The moneys collected as fees shall only be line 6 expended for the purpose of administering and enforcing this part. line 7 An enforcement agency may waive or reduce a fee for the permit, line 8 registration, or related services for an applicant seeking approval line 9 of a compact mobile food facility.
line 10 (e) A permit shall be posted in a conspicuous place in the food line 11 facility or in the office of a vending machine business. line 12 (f) Any A person requesting the enforcement agency to line 13 undertake activity pursuant to Sections 114149.1 and 114419.3 line 14 shall pay the enforcement agency’s costs incurred in undertaking line 15 the activity. The enforcement agency’s services shall be assessed line 16 at the current hourly cost recovery rate.
line 17 SEC. 24. Section 114395 of the Health and Safety Code is line 18 repealed.
line 19 114395. Except as otherwise provided in this part, any person line 20 who violates any provision of this part or regulation adopted line 21 pursuant to this part is guilty of a misdemeanor. Each offense shall line 22 be punished by a fine of not less than twenty-five dollars ($25) or line 23 more than one thousand dollars ($1,000) or by imprisonment in line 24 the county jail for a term not exceeding six months, or by both fine line 25 and imprisonment.
line 26 SEC. 25. Section 114395 is added to the Health and Safety line 27 Code, to read:
line 28 114395. Notwithstanding any other provision of this part, a line 29 violation of any provision of this part or regulation adopted line 30 pursuant to this part is punishable only by an administrative fine. line 31 Except as otherwise provided in this part, each offense may only line 32 be punished by a fine consistent with subdivision (a) of Section line 33 51039 of the Government Code, and those fines shall be subject line 34 to the applicable mandatory reductions based on an individual’s line 35 ability to pay as provided in paragraph (1) of subdivision (f) of line 36 Section 51039 of the Government Code. A violation of any line 37 provision of this part or regulation adopted pursuant to this part line 38 shall not be punishable as an infraction or misdemeanor, and the line 39 person alleged to have violated any of those provisions is not 99 SB 972 — 22 —
line 1 subject to arrest except when independent grounds for that arrest line 2 exist under law.
O
99 — 23 — SB 972
Dinuba City Council
Resolution 2022-13
Opposition to SB 972
ATTACHMENT “B”
RESOLUTION NO 2022-13
BEFORE THE CITY COUNCIL
CITY OF DINUBA
COUNTY OF TULARE, STATE OF CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DINUBA OPPOSING CALIFORNIA SENATE BILL 972 (SB 972) - AMENDMENTS TO THE CALIFORNIA RETAIL FOOD CODE.
WHEREAS, the bill proposes to exempt street vendors from certain provisions of the California Retail Food Code which are vital for the preservation of health and safety, and
WHEREAS, respected public health organizations such as the California Environmental Health Administrators (CEHA) and the California Conference of Directors of Environmental Health (CCDEH) have serious concerns with the changes proposed in Senate Bill 972 (SB972), and
WHEREAS, SB972 preempts our traditional regulatory authority over such vendors by exempting street vendors from the California Retail Food Code, and other code provisions, including minimum potable water and restroom requirements, and WHEREAS, the proposed bill will only work to further hinder the prosperity of existing “brick and mortar” businesses by encouraging other vendors to pursue cheaper, unregulated food ventures, and
WHEREAS, vendors that grow in capacity may result in greater excess of trash and littering and utilizing public space such as streets and sidewalks, and WHEREAS, remove the meal and gross annual sales limitations for microenterprise home kitchen operations and would also lower the cost of obtaining necessary permits and registrations, which could have significant impacts to downtowns, local commercial centers, and residential neighborhoods, and WHEREAS, SB 972 removes local discretion on local food vendors by allowing them to grow exponentially, all while removing basic food safety and accessibility requirements that help keep cities clean, and residents safe.
NOW, THEREFORE, BE IT RESOLVED that the City Council, after considering all the Dinuba City Council
Resolution 2022-13
Opposition to SB 972
evidence presented strongly opposes the changes to the California Retail Food Code proposed by Senate Bill 972 (SB972).
The foregoing resolution was adopted upon a motion of Council member , second by Council member , at a regular
meeting of the Dinuba City Council on the 8th day of March, 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Linda Launer, Mayor,
Dinuba City Council
Maria Alaniz, Interim City Clerk
City of Dinuba
Dinuba City Council
Resolution 2022-13
Opposition to SB 972
Exhibit “A”
March 3, 2022
The Honorable Richard Pan
Chair, Senate Health Committee
Capitol Office, Ste. 7320
Sacramento, CA 95819
RE: SB 972 (Gonzalez) California Retail Food Code.
City of Dinuba – Oppose
Dear Senator Pan,
On behalf of the City of Dinuba, I write in opposition to SB 972 (Gonzalez), which removes the gross annual sales limitation of $50,000 for cottage food operations and authorizes those operations to sell directly to consumers from a mobile food facility, with authorized safety exemptions from the Department of Public Health.
The City has concerns with the bill’s provisions to remove the gross annual sales limitation for microenterprise food operators, which was intended to serve as a mechanism to ensure that such operations do not evolve into massive operations. Dinuba is home to many brick and mortar restaurants and food facilities that have struggled to maintain operations because of the COVID-19 pandemic. These storefronts currently hang in the balance of remaining open or closing permanently, despite our efforts to provide expansionary and financial support. SB 972 will only work to further hinder the prosperity of these existing businesses, by encouraging other vendors to pursue cheaper, unregulated food ventures.
Further, SB 972 preempts our traditional regulatory authority over such vendors by exempting street vendors from the California Retail Food Code, and other code provisions, including minimum potable water and restroom requirements. By lifting the cap on gross annual sales and excluding vendors from basic safety regulations, microenterprise food facilities will have the ability to grow larger, dominate greater areas of public space, and increase the potential to serve potentially hazardous food product to city residents. What’s more, vendors that grow in capacity may result in greater excess of trash and littering and utilizing public space such as streets and sidewalks which must be accessible to handicapped individuals and public safety personnel.
SB 972 removes local discretion on local food vendors by allowing them to grow exponentially, all while removing basic food safety and accessibility requirements that help keep cities clean and residents safe.
For these reasons, the City of Dinuba opposes SB 972 (Gonzalez).
Sincerely,
Dinuba City Council
Resolution 2022-13
Opposition to SB 972
Linda Launer
Mayor
City of Dinuba
City Council Staff Report
Department: FINANCE SERVICES March 8, 2022
To: Mayor and City Council
From: Karina Solis, Administrative Services Director
By: Maria Alaniz, Interim City Clerk/Human Resources Manager Subject: Warrant Register February 25 & March 4, 2022 (KS)
RECOMMENDATION
Council to review and approve the Warrant Register as presented.
EXECUTIVE SUMMARY
None.
OUTSTANDING ISSUES
None.
DISCUSSION
None.
FISCAL IMPACT
None.
PUBLIC HEARING
None required.
ATTACHMENTS:
Description
WR 02.25.2022
WR 03.04.22
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 263 - Advantek Benefit Administrators
02/19/2022 Miscellaneous Paid by Check #35150 02/19/2022 02/25/2022 02/25/2022 02/25/2022 46,302.55 Vendor 263 - Advantek Benefit Administrators Totals Invoices 1 $46,302.55 Vendor 1809 - AGUILERA TRUCKING INC
30338 Aguilera Trucking inc Paid by Check #35151 02/02/2022 02/25/2022 02/25/2022 02/25/2022 4,800.00 Vendor 1809 - AGUILERA TRUCKING INC Totals Invoices 1 $4,800.00 Vendor 522 - Allstar Towing
38366 TOWN FOR T 06 Paid by Check #35152 10/14/2021 02/25/2022 02/25/2022 02/25/2022 145.00 38688 TOW FOR PD 22 Paid by Check #35152 02/17/2022 02/25/2022 02/25/2022 02/25/2022 95.00 Vendor 522 - Allstar Towing Totals Invoices 2 $240.00
Vendor 1807 - AM CONSULTING ENGINEERS, INC
2021-248 ROWD; Project Number COD-101 Paid by Check #35153 01/06/2022 02/25/2022 02/25/2022 02/25/2022 3,840.00 2022-001 ROWD; Project Number COD-101 Paid by Check #35153 02/05/2022 02/25/2022 02/25/2022 02/25/2022 2,320.00 Vendor 1807 - AM CONSULTING ENGINEERS, INC Totals Invoices 2 $6,160.00 Vendor 351 - Anthem Blue Cross
000223221468 HARMAN 532W04713 Paid by Check #35154 02/05/2022 02/25/2022 02/25/2022 02/25/2022 92.00 000223227749 MAGYAR 792A24403 Paid by Check #35156 02/05/2022 02/25/2022 02/25/2022 02/25/2022 85.30 000223227963 HARTLEY 919M97599 Paid by Check #35159 02/05/2022 02/25/2022 02/25/2022 02/25/2022 92.00 000223235225 RAMIREZ 010W01865 Paid by Check #35161 02/05/2022 02/25/2022 02/25/2022 02/25/2022 92.00 000223252619 SANO 060M86753 Paid by Check #35158 02/05/2022 02/25/2022 02/25/2022 02/25/2022 98.70 000223264284 MEDDERS 975A79192 Paid by Check #35157 02/05/2022 02/25/2022 02/25/2022 02/25/2022 92.00 000223272068 TYLER 299A24237 Paid by Check #35155 02/05/2022 02/25/2022 02/25/2022 02/25/2022 85.30 000223808891 HARMAN 862W04709 Paid by Check #35160 02/07/2022 02/25/2022 02/25/2022 02/25/2022 425.73 000223855129 RAMIREZ 992W01856 Paid by Check #35162 02/07/2022 02/25/2022 02/25/2022 02/25/2022 195.60 Vendor 351 - Anthem Blue Cross Totals Invoices 9 $1,258.63 Vendor 21 - Aramark Uniform Services Inc.
503000477395 Fy 21/22-Parks-Uniform services
for week of 02/16/22
Paid by Check #35163 02/16/2022 02/25/2022 02/25/2022 02/17/2022 02/25/2022 48.76 Vendor 21 - Aramark Uniform Services Inc. Totals Invoices 1 $48.76 Vendor 17 - AT&T
93910547441/22 Telephone Paid by Check #35173 01/11/2022 02/25/2022 02/25/2022 02/25/2022 339.58 93910544752/22 Telephone Paid by Check #35170 02/10/2022 02/25/2022 02/25/2022 02/25/2022 46.42 93910690122/22 Telephone Paid by Check #35171 02/10/2022 02/25/2022 02/25/2022 02/25/2022 62.83 93910547442/22 Telephone Paid by Check #35172 02/11/2022 02/25/2022 02/25/2022 02/25/2022 338.63 93910372772/22 Telephone Paid by Check #35164 02/10/2022 02/25/2022 02/25/2022 02/25/2022 24.59 93910544722/22 Telephone Paid by Check #35165 02/10/2022 02/25/2022 02/25/2022 02/25/2022 42.65 93910544742/22 Telephone Paid by Check #35166 02/10/2022 02/25/2022 02/25/2022 02/25/2022 42.65 93910544772/22 Telephone Paid by Check #35168 02/10/2022 02/25/2022 02/25/2022 02/25/2022 22.17 Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 1 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 93910544782/22 Telephone Paid by Check #35167 02/10/2022 02/25/2022 02/25/2022 02/25/2022 22.17 93910547412/22 Telephone Paid by Check #35169 02/11/2022 02/25/2022 02/25/2022 02/25/2022 297.27 Vendor 17 - AT&T Totals Invoices 10 $1,238.96
Vendor 289 - AT&T Mobility LLC
2870151847341/22 January 2022 Paid by Check #35174 01/16/2022 02/25/2022 02/25/2022 02/25/2022 88.24 Vendor 289 - AT&T Mobility LLC Totals Invoices 1 $88.24 Vendor 1259 - BestBuy.com, LLC
Q4 2021 SALES TAX REVENUE Paid by EFT #1886 01/31/2022 02/22/2022 02/22/2022 02/22/2022 3,641,123.00 Vendor 1259 - BestBuy.com, LLC Totals Invoices 1 $3,641,123.00 Vendor 822 - Boundtree Medical LLC
84394084 Supplies Paid by Check #35175 02/07/2022 02/25/2022 02/25/2022 02/25/2022 329.50 84394085 Supplies Paid by Check #35175 02/07/2022 02/25/2022 02/25/2022 02/25/2022 141.68 Vendor 822 - Boundtree Medical LLC Totals Invoices 2 $471.18 Vendor 116 - BSK Analytical Laboratories
AF04385 WATER SAMPLE TESTING -
WATER DEPT
Paid by Check #35176 02/15/2022 02/25/2022 02/25/2022 02/25/2022 176.00 AF04861 WATER SAMPLE TESTING -
WATER DEPT
Paid by Check #35176 02/22/2022 02/25/2022 02/25/2022 02/25/2022 176.00 Vendor 116 - BSK Analytical Laboratories Totals Invoices 2 $352.00 Vendor 94 - California Public Employees Retirement
1/30-2/12/22 Payroll 1/30/22-2/12/22 Paid by EFT #1891 02/18/2022 02/22/2022 02/22/2022 02/22/2022 84,146.72 2022-00000315 31 - 457 - Employee CalPERS $* Paid by EFT #1890 02/18/2022 02/22/2022 02/22/2022 02/22/2022 9,586.89 Vendor 94 - California Public Employees Retirement Totals Invoices 2 $93,733.61 Vendor 305 - Cartozian Air Conditioning and Heating Inc. 17991 Repairs Paid by Check #35177 02/01/2022 02/25/2022 02/25/2022 02/25/2022 95.00 Vendor 305 - Cartozian Air Conditioning and Heating Inc. Totals Invoices 1 $95.00 Vendor 1812 - RUBEN CASTANEDA
CPRS 03/2022 Fy 21/22-CS-CPRS conf expo 3/7-
3/11 for R.Castaneda
Paid by Check #35178 02/10/2022 02/25/2022 02/25/2022 02/17/2022 02/25/2022 204.00 Vendor 1812 - RUBEN CASTANEDA Totals Invoices 1 $204.00 Vendor 725 - CDW Government
R706980 Supplies Paid by Check #35179 02/02/2022 02/25/2022 02/25/2022 02/25/2022 159.48 Vendor 725 - CDW Government Totals Invoices 1 $159.48
Vendor 923 - City of Tulare
TRN-02-22 Safety Officer Class - Webster,
Espino, Bear
Paid by Check #35180 02/23/2022 02/25/2022 02/25/2022 02/25/2022 900.00 Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 2 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 923 - City of Tulare Totals Invoices 1 $900.00
Vendor 274 - Code Publishing Company
GC0006318 Web update Paid by Check #35181 02/22/2022 02/25/2022 02/25/2022 02/25/2022 905.25 Vendor 274 - Code Publishing Company Totals Invoices 1 $905.25 Vendor 1669 - Colantuono, Highsmith & Whatley, PC
50869 PG&E COALITION-UUT Paid by Check #35182 02/10/2022 02/25/2022 02/25/2022 02/25/2022 185.45 Vendor 1669 - Colantuono, Highsmith & Whatley, PC Totals Invoices 1 $185.45 Vendor 1238 - Coleman & Horowitt, LLP
457209 Eagle Fire and Water Restoration,
Inc.
Paid by Check #35183 01/31/2022 02/25/2022 02/25/2022 02/25/2022 9,816.00 Vendor 1238 - Coleman & Horowitt, LLP Totals Invoices 1 $9,816.00 Vendor 170 - Comcast
0148160 02/11/22 1390 E ELIZABETH WAY Paid by Check #35184 02/11/2022 02/25/2022 02/25/2022 02/25/2022 232.23 0148178 02/12/22 680 S ALTA AVE Paid by Check #35185 02/12/2022 02/25/2022 02/25/2022 02/25/2022 332.32 Vendor 170 - Comcast Totals Invoices 2 $564.55
Vendor 232 - Courier Printing and Village Printer
C26313 AP ENVELOPES Paid by Check #35186 02/18/2022 02/25/2022 02/25/2022 02/25/2022 1,188.08 C26314 AMBULANCE ENVELOPES Paid by Check #35186 02/18/2022 02/25/2022 02/25/2022 02/25/2022 264.74 Vendor 232 - Courier Printing and Village Printer Totals Invoices 2 $1,452.82 Vendor 1759 - Davis Demographics
21863 Contractual Paid by Check #35187 02/21/2022 02/25/2022 02/25/2022 02/25/2022 2,600.00 Vendor 1759 - Davis Demographics Totals Invoices 1 $2,600.00 Vendor 1035 - De Lage Landen Public Finance
75535161 Feb/Mar 2022 Paid by EFT #1889 02/20/2022 02/25/2022 02/25/2022 02/25/2022 322.25 Vendor 1035 - De Lage Landen Public Finance Totals Invoices 1 $322.25 Vendor 720 - Dell Marketing L.P.
10557357513 Computer Monitors Paid by Check #35188 02/02/2022 02/25/2022 02/25/2022 02/25/2022 705.00 Vendor 720 - Dell Marketing L.P. Totals Invoices 1 $705.00 Vendor 69 - Don's Shoes
11631 Fy 21/22-Parks-Work boots for
Jose Sanchez
Paid by Check #35189 09/16/2021 02/25/2022 02/25/2022 02/22/2022 02/25/2022 161.67 11634 Fy 21/22-Parks-Work boots for
Librado Montes
Paid by Check #35189 09/17/2021 02/25/2022 02/25/2022 02/22/2022 02/25/2022 161.67 Vendor 69 - Don's Shoes Totals Invoices 2 $323.34
Vendor 62 - Ed Dena's Auto Center
309320 REPAIR PART FOR M 735 Paid by Check #35190 02/14/2022 02/25/2022 02/25/2022 02/25/2022 37.89 Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 3 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 62 - Ed Dena's Auto Center Totals Invoices 1 $37.89 Vendor 23 - Entenmann-Rovin Co.
0163673-IN BC Badges Paid by Check #35191 02/15/2022 02/25/2022 02/25/2022 02/25/2022 270.52 Vendor 23 - Entenmann-Rovin Co. Totals Invoices 1 $270.52 Vendor 1591 - Environment Control
15221-299 JANITORIAL SERVICES -
FEBRUARY 2022
Paid by Check #35192 02/01/2022 02/25/2022 02/25/2022 02/25/2022 10,847.32 Vendor 1591 - Environment Control Totals Invoices 1 $10,847.32 Vendor 36 - Ewing Irrigation Products
16087304 STREET SUPPLIES Paid by Check #35193 02/14/2022 02/25/2022 02/25/2022 02/25/2022 175.24 Vendor 36 - Ewing Irrigation Products Totals Invoices 1 $175.24 Vendor 1518 - Formation Environmental, LLC
6828 REMEDIATION REVIEW, GAS N
SAVE - JANUARY 2022
Paid by Check #35194 01/30/2022 02/25/2022 02/25/2022 02/25/2022 340.00 Vendor 1518 - Formation Environmental, LLC Totals Invoices 1 $340.00 Vendor 1801 - GARDA CL WEST, INC
20515717 Excess item/premise time January
2022
Paid by Check #35195 01/31/2022 02/25/2022 02/25/2022 02/25/2022 23.88 10678944 Services for February 2022 Paid by Check #35195 02/01/2022 02/25/2022 02/25/2022 02/25/2022 1,183.97 Vendor 1801 - GARDA CL WEST, INC Totals Invoices 2 $1,207.85 Vendor 18 - The Gas Company
16201580004 2/22 February 2022 Paid by Check #35200 02/08/2022 02/25/2022 02/25/2022 02/25/2022 272.71 0486158404502/22 201 N URUAPAN WAY Paid by Check #35198 02/08/2022 02/25/2022 02/25/2022 02/25/2022 52.00 1620156700102/22 1390 E ELIZABETH WAY Paid by Check #35199 02/08/2022 02/25/2022 02/25/2022 02/25/2022 636.24 168351381872/22 180 W Merced UNIT C Paid by Check #35197 02/08/2022 02/25/2022 02/25/2022 02/25/2022 325.85 128552035972/22 1088 E KAMM AVE Paid by Check #35196 02/09/2022 02/25/2022 02/25/2022 02/25/2022 644.18 Vendor 18 - The Gas Company Totals Invoices 5 $1,930.98 Vendor 1031 - Joe Grijalva
CPRS 03/2022 Fy 21/22-Parks-CPRS Playground
course 3/7-3/10 for J.Grijalva
Paid by Check #35201 02/10/2022 02/25/2022 02/25/2022 02/17/2022 02/25/2022 180.00 Vendor 1031 - Joe Grijalva Totals Invoices 1 $180.00
Vendor 379 - Guardian EMS Products
10147 Supplies Paid by Check #35202 02/07/2022 02/25/2022 02/25/2022 02/25/2022 56.42 10166 Supplies Paid by Check #35202 02/09/2022 02/25/2022 02/25/2022 02/25/2022 234.34 10168 Supplies Paid by Check #35202 02/10/2022 02/25/2022 02/25/2022 02/25/2022 189.01 10185 Supplies Paid by Check #35202 02/15/2022 02/25/2022 02/25/2022 02/25/2022 90.06 Vendor 379 - Guardian EMS Products Totals Invoices 4 $569.83 Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 4 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 496 - The Hanover Insurance Company
02/04/2022 RHF A044134 Paid by Check #35203 02/04/2022 02/25/2022 02/25/2022 02/25/2022 12,215.20 Vendor 496 - The Hanover Insurance Company Totals Invoices 1 $12,215.20 Vendor 139 - Henry Schein Inc.
16168801 Supplies Paid by Check #35204 02/01/2022 02/25/2022 02/25/2022 02/25/2022 179.13 16558662 Supplies Paid by Check #35204 02/04/2022 02/25/2022 02/25/2022 02/25/2022 284.81 16582400 Supplies Paid by Check #35204 02/04/2022 02/25/2022 02/25/2022 02/25/2022 570.52 16633549 Supplies Paid by Check #35204 02/07/2022 02/25/2022 02/25/2022 02/25/2022 332.56 12706732 Supplies Paid by Check #35204 02/08/2022 02/25/2022 02/25/2022 02/25/2022 326.83 13142843 Supplies Paid by Check #35204 02/08/2022 02/25/2022 02/25/2022 02/25/2022 326.83 15201376 Supplies Paid by Check #35204 02/08/2022 02/25/2022 02/25/2022 02/25/2022 326.96 15751895 Supplies Paid by Check #35204 02/08/2022 02/25/2022 02/25/2022 02/25/2022 326.96 16052391 Supplies Paid by Check #35204 02/08/2022 02/25/2022 02/25/2022 02/25/2022 326.96 16743633 Supplies Paid by Check #35204 02/08/2022 02/25/2022 02/25/2022 02/25/2022 105.90 16820019 Supplies Paid by Check #35204 02/09/2022 02/25/2022 02/25/2022 02/25/2022 892.66 16883269 Supplies Paid by Check #35204 02/11/2022 02/25/2022 02/25/2022 02/25/2022 791.69 Vendor 139 - Henry Schein Inc. Totals Invoices 12 $4,791.81 Vendor 1718 - JCL Company, LLC
02102224491 FLEET SUPPLIES Paid by Check #35205 02/10/2022 02/25/2022 02/25/2022 02/25/2022 184.34 CEP2641602O FLEET SUPPLIES Paid by Check #35205 02/16/2022 02/25/2022 02/25/2022 02/25/2022 9.28 CEP2643397O FLEET SUPPLIES Paid by Check #35205 02/17/2022 02/25/2022 02/25/2022 02/25/2022 466.50 Vendor 1718 - JCL Company, LLC Totals Invoices 3 $660.12 Vendor 440 - Johnson Controls Security Solutions
36988386 QUARTERLY BILLING - 199 N L
ST 03/22 to 05/22
Paid by Check #35206 02/12/2022 02/25/2022 02/25/2022 02/25/2022 955.17 36988384 SECURITY SERVICES FOR WATER
TOWER ON SIERRA
Paid by Check #35206 02/12/2022 02/25/2022 02/25/2022 02/25/2022 71.41 Vendor 440 - Johnson Controls Security Solutions Totals Invoices 2 $1,026.58 Vendor 785 - Judicial Council of California
54A Q2FY21 Dinuba Courthouse Shared Cost
through 12/21
Paid by Check #35207 12/20/2021 02/25/2022 02/25/2022 02/25/2022 661.59 Vendor 785 - Judicial Council of California Totals Invoices 1 $661.59 Vendor 256 - Kamps Propane Inc.
57952 FORKLIFT TANKS Paid by Check #35208 02/16/2022 02/25/2022 02/25/2022 02/25/2022 67.21 Vendor 256 - Kamps Propane Inc. Totals Invoices 1 $67.21 Vendor 796 - L.N. Curtis & Sons
INV568513 Sensors Paid by Check #35209 02/11/2022 02/25/2022 02/25/2022 02/25/2022 328.61 Vendor 796 - L.N. Curtis & Sons Totals Invoices 1 $328.61 Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 5 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 53 - League of California Cities
7934 Membership dues year 2022 Paid by Check #35210 02/21/2022 02/25/2022 02/25/2022 02/25/2022 275.05 Vendor 53 - League of California Cities Totals Invoices 1 $275.05 Vendor 449 - Les Schwab Tire Centers of Central California 55100274352 BUS 12 Paid by Check #35211 02/15/2022 02/25/2022 02/25/2022 02/25/2022 766.41 Vendor 449 - Les Schwab Tire Centers of Central California Totals Invoices 1 $766.41 Vendor 1368 - Elijah Luna
CPRS 03/2022 Fy 21/22-CS/Youth Prog-CPRS
conf expo 3/7-3/11 for E.Luna
Paid by Check #35212 02/10/2022 02/25/2022 02/25/2022 02/17/2022 02/25/2022 204.00 Vendor 1368 - Elijah Luna Totals Invoices 1 $204.00
Vendor 1655 - Medline Industries, Inc.
1986353509 Covid Tests Paid by Check #35213 02/05/2022 02/25/2022 02/25/2022 02/25/2022 1,669.54 1987262878 Supplies Paid by Check #35213 02/11/2022 02/25/2022 02/25/2022 02/25/2022 69.38 Vendor 1655 - Medline Industries, Inc. Totals Invoices 2 $1,738.92 Vendor 1797 - David Mendoza
02/22/2022 ANTHEM- Reimbursement
January 2022
Paid by Check #35214 02/22/2022 02/25/2022 02/25/2022 02/25/2022 183.41 Vendor 1797 - David Mendoza Totals Invoices 1 $183.41
Vendor 589 - Rosa Montanez
02/22/2022 ANTHEM-Reimbursement March
2022
Paid by Check #35215 02/22/2022 02/25/2022 02/25/2022 02/25/2022 92.00 Vendor 589 - Rosa Montanez Totals Invoices 1 $92.00
Vendor 22 - Moore Twining Associates Inc.
2367539 WATER SAMPLE TESTING WWTP
- INDUSTRIAL
Paid by Check #35216 02/14/2022 02/25/2022 02/25/2022 02/25/2022 88.00 2367666 WATER SAMPLE TESTING WWTP
- IN HOUSE
Paid by Check #35216 02/17/2022 02/25/2022 02/25/2022 02/25/2022 108.00 2367667 WATER SAMPLE TESTING WWTP
- INDUSTRIAL
Paid by Check #35216 02/17/2022 02/25/2022 02/25/2022 02/25/2022 88.00 2367727 WATER SAMPLE TESTING WWTP
- INDUSTRIAL
Paid by Check #35216 02/17/2022 02/25/2022 02/25/2022 02/25/2022 88.00 Vendor 22 - Moore Twining Associates Inc. Totals Invoices 4 $372.00 Vendor 88 - Municipal Maintenance Equipment Inc.
0167356-IN REPAIR PART FOR T 20 Paid by Check #35217 02/03/2022 02/25/2022 02/25/2022 02/25/2022 1,319.50 0167377-IN REPAIR PART FOR T 20 Paid by Check #35217 02/04/2022 02/25/2022 02/25/2022 02/25/2022 1,064.69 Vendor 88 - Municipal Maintenance Equipment Inc. Totals Invoices 2 $2,384.19 Vendor 894 - Musco Corporation
Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 6 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 359568 Fy 21/22-Parks-remote serv for
KC Vista Prk 2/22-2/23
Paid by Check #35218 01/14/2022 02/25/2022 02/25/2022 01/26/2022 02/25/2022 475.00 Vendor 894 - Musco Corporation Totals Invoices 1 $475.00 Vendor 504 - NVB Equipment Inc.
DI97121 REPAIR PART FOR PD-21 Paid by Check #35219 02/16/2022 02/25/2022 02/25/2022 02/25/2022 76.51 Vendor 504 - NVB Equipment Inc. Totals Invoices 1 $76.51 Vendor 392 - O'Reilly Auto Parts
3641 440386 Supplies Paid by Check #35220 02/10/2022 02/25/2022 02/25/2022 02/25/2022 44.26 Vendor 392 - O'Reilly Auto Parts Totals Invoices 1 $44.26 Vendor 142 - Office Depot BSD
222117390001 Office Supplies Paid by Check #35221 02/01/2022 02/25/2022 02/25/2022 02/25/2022 149.79 222730237001 Office Supplies Paid by Check #35221 02/01/2022 02/25/2022 02/25/2022 02/25/2022 52.34 224017661001 Office Supplies Paid by Check #35221 02/01/2022 02/25/2022 02/25/2022 02/25/2022 5.74 225929486001 Supplies Paid by Check #35221 02/03/2022 02/25/2022 02/25/2022 02/25/2022 122.06 225964691001 Supplies Paid by Check #35221 02/04/2022 02/25/2022 02/25/2022 02/25/2022 11.92 225856451001 Office Supplies - Office Depot Paid by Check #35221 02/02/2022 02/25/2022 02/25/2022 02/25/2022 61.14 225894949001 Office Supplies - Office Depot Paid by Check #35221 02/03/2022 02/25/2022 02/25/2022 02/25/2022 200.94 Vendor 142 - Office Depot BSD Totals Invoices 7 $603.93 Vendor 1708 - James Olvera
02/22/2022 ANTHEM-Reimbursement March
2022
Paid by Check #35222 02/22/2022 02/25/2022 02/25/2022 02/25/2022 233.91 Vendor 1708 - James Olvera Totals Invoices 1 $233.91
Vendor 76 - Pacific Gas & Electric
250971736422/22 L & M ALLEY @ FRESNO ST Paid by Check #35254 02/07/2022 02/25/2022 02/25/2022 02/25/2022 64.74 35474471071 2/22 February 2022 Paid by Check #35252 02/08/2022 02/25/2022 02/25/2022 02/25/2022 444.04 618305447402/22 496 E TULARE ST Paid by Check #35253 02/08/2022 02/25/2022 02/25/2022 02/25/2022 3,883.73 225762733322/22 425 S ALTA AVE Paid by Check #35243 02/02/2022 02/25/2022 02/25/2022 02/25/2022 10.97 284878382872/22 1455 S CRAWFORD AVE Paid by Check #35244 02/07/2022 02/25/2022 02/25/2022 02/25/2022 10.74 860727324972/22 1001 E EL PASO AVE Paid by Check #35250 02/07/2022 02/25/2022 02/25/2022 02/25/2022 29.19 169314496942/22 N/KAMM E/GREEN Paid by Check #35242 02/08/2022 02/25/2022 02/25/2022 02/25/2022 26.62 339630846042/22 S/KAMM & O ST Paid by Check #35246 02/08/2022 02/25/2022 02/25/2022 02/25/2022 11.03 602118118762/22 201 N URUAPAN WAY Paid by Check #35247 02/08/2022 02/25/2022 02/25/2022 02/25/2022 1,571.45 774843071192/22 1133 S COLLEGE AVE Paid by Check #35248 02/08/2022 02/25/2022 02/25/2022 02/25/2022 29.02 945914183252/22 W/COLLEGE 100 N/MARSHALL Paid by Check #35251 02/08/2022 02/25/2022 02/25/2022 02/25/2022 10.53 294652070082/22 PARKS Paid by Check #35245 02/09/2022 02/25/2022 02/25/2022 02/25/2022 44.28 731427487112/22 PARKS Paid by Check #35240 02/09/2022 02/25/2022 02/25/2022 02/25/2022 2,034.15 155771097452/22 1851 E KAMM AVE Paid by Check #35241 02/10/2022 02/25/2022 02/25/2022 02/25/2022 1,620.90 831902407272/22 SW SW 16-16-24 Paid by Check #35249 02/10/2022 02/25/2022 02/25/2022 02/25/2022 25.29 134445515952/22 NW COR M & VENTURA AVE Paid by Check #35223 02/07/2022 02/25/2022 02/25/2022 02/25/2022 60.03 Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 7 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 210475377882/22 155 W MERCED AVE Paid by Check #35227 02/07/2022 02/25/2022 02/25/2022 02/25/2022 156.63 447571605182/22 180 W Merced STE A Paid by Check #35239 02/07/2022 02/25/2022 02/25/2022 02/25/2022 285.16 605804926702/22 148 S M ST Paid by Check #35231 02/07/2022 02/25/2022 02/25/2022 02/25/2022 24.67 630805446692/22 ALLEY BTWN L & K ST Paid by Check #35232 02/07/2022 02/25/2022 02/25/2022 02/25/2022 10.51 768101241982/22 180 W Merced STE C Paid by Check #35237 02/07/2022 02/25/2022 02/25/2022 02/25/2022 127.21 975086523732/22 180 W Merced STE B Paid by Check #35238 02/07/2022 02/25/2022 02/25/2022 02/25/2022 128.01 183409121302/22 100 N/MARSHALL AVE Paid by Check #35224 02/08/2022 02/25/2022 02/25/2022 02/25/2022 10.51 496411368302/22 MILSAP & MYRTLE ALLEY Paid by Check #35228 02/08/2022 02/25/2022 02/25/2022 02/25/2022 127.89 516730856042/22 S/E KAMM & ALTA Paid by Check #35230 02/08/2022 02/25/2022 02/25/2022 02/25/2022 107.75 672472110622/22 TULARE & L ST Paid by Check #35233 02/08/2022 02/25/2022 02/25/2022 02/25/2022 102.03 676638777012/22 TULARE & L ST Paid by Check #35234 02/08/2022 02/25/2022 02/25/2022 02/25/2022 73.13 874409527912/22 301 E KAMM AVE Paid by Check #35236 02/08/2022 02/25/2022 02/25/2022 02/25/2022 28.06 134971623572/22 KAMM & GREEN Paid by Check #35225 02/09/2022 02/25/2022 02/25/2022 02/25/2022 1,937.45 502735657342/22 RANDLE AVE S/EL MONTE Paid by Check #35229 02/09/2022 02/25/2022 02/25/2022 02/25/2022 47.92 847471995152/22 ALTA & KAMME AVE Paid by Check #35235 02/09/2022 02/25/2022 02/25/2022 02/25/2022 89.62 207327719752/22 1088 E KAMM AVE Paid by Check #35226 02/10/2022 02/25/2022 02/25/2022 02/25/2022 874.26 Vendor 76 - Pacific Gas & Electric Totals Invoices 32 $14,007.52 Vendor 1709 - Pacific Premier Bank
8400012740 02/22 2019 Wastewater Paid by EFT #1887 02/02/2022 02/23/2022 02/23/2022 02/23/2022 28,555.11 Vendor 1709 - Pacific Premier Bank Totals Invoices 1 $28,555.11 Vendor 7 - Pena's Disposal Services
643620 Fy 21/22-Parks-Disposal service
for Vuich park
Paid by Check #35255 02/18/2022 02/25/2022 02/25/2022 02/22/2022 02/25/2022 330.40 643627 Cust No. 01-153360 Paid by Check #35255 02/18/2022 02/25/2022 02/25/2022 02/25/2022 1,469.58 Vendor 7 - Pena's Disposal Services Totals Invoices 2 $1,799.98 Vendor 1102 - RDO Equipment Co.
W1319375 FLEET REPAIRS Paid by Check #35256 11/03/2021 02/25/2022 02/25/2022 02/25/2022 2,909.14 P5879275 FLEET REPAIRS Paid by Check #35256 01/24/2022 02/25/2022 02/25/2022 02/25/2022 5.35 Vendor 1102 - RDO Equipment Co. Totals Invoices 2 $2,914.49 Vendor 689 - Denis Richardson
DR BOOT REIM 22 FY 21/22 - BOOT ALLOWANCE Paid by Check #35257 02/07/2022 02/25/2022 02/25/2022 02/25/2022 150.00 Vendor 689 - Denis Richardson Totals Invoices 1 $150.00 Vendor 1677 - Rodeo Wild West
528211 FY 21/22 - BOOT ALLOWANCE,
DANIEL CRUZ
Paid by Check #35258 01/05/2022 02/25/2022 02/25/2022 02/25/2022 150.00 328248 FY 21/22 - BOOT ALLOWANCE,
ERIC JUMP
Paid by Check #35258 01/20/2022 02/25/2022 02/25/2022 02/25/2022 150.00 Vendor 1677 - Rodeo Wild West Totals Invoices 2 $300.00 Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 8 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 507 - San Joaquin Vally Chapter of the ICC
2022 ICC LOPEZ Dues & Subscriptions Paid by Check #35259 01/01/2022 02/25/2022 02/25/2022 02/25/2022 75.00 Vendor 507 - San Joaquin Vally Chapter of the ICC Totals Invoices 1 $75.00 Vendor 42 - Scout Specialties
152762 FLEET SUPPLIES Paid by Check #35260 02/11/2022 02/25/2022 02/25/2022 02/25/2022 59.89 Vendor 42 - Scout Specialties Totals Invoices 1 $59.89
Vendor 46 - Self Help Enterprises
DIN19HM 01-22 DIN19HM GENERAL ADMIN
JANUARY 2022
Paid by Check #35261 02/02/2022 02/25/2022 02/25/2022 02/25/2022 972.00 DINHMPI 01-22 DIN18HM ADMIN CHARGES;
JANUARY 2022
Paid by Check #35261 02/02/2022 02/25/2022 02/25/2022 02/25/2022 468.75 Vendor 46 - Self Help Enterprises Totals Invoices 2 $1,440.75 Vendor 1775 - Sierra Designs, Inc
2 Sierra Designs Entertainment Park Paid by Check #35262 02/14/2022 02/25/2022 02/25/2022 02/25/2022 6,477.88 Vendor 1775 - Sierra Designs, Inc Totals Invoices 1 $6,477.88 Vendor 214 - Stericycle, Inc.
3005908869 March 2022 Paid by Check #35263 03/01/2022 02/25/2022 02/25/2022 02/25/2022 142.53 Vendor 214 - Stericycle, Inc. Totals Invoices 1 $142.53 Vendor 1447 - Monte Sylvester
02/22/2022 ANTHEM - Reimbursement
February 2022
Paid by Check #35264 02/22/2022 02/25/2022 02/25/2022 02/25/2022 320.23 Vendor 1447 - Monte Sylvester Totals Invoices 1 $320.23 Vendor 163 - TAG/AMS Inc.
2804085 ANNUAL RENEWAL FEE Paid by Check #35265 01/11/2022 02/25/2022 02/25/2022 02/25/2022 175.00 Vendor 163 - TAG/AMS Inc. Totals Invoices 1 $175.00
Vendor 581 - Michele Tapia
CPRS 03/2022 Fy 21/22-CS-CPRS conf expo 3/7-
3/11 for M.Tapia
Paid by Check #35266 02/10/2022 02/25/2022 02/25/2022 02/17/2022 02/25/2022 204.00 Vendor 581 - Michele Tapia Totals Invoices 1 $204.00
Vendor 717 - TMI Research Services
CITYOD 22-12-31 SERVICE MONTH JANUARY 2022 Paid by Check #35267 01/31/2022 02/25/2022 02/25/2022 02/25/2022 510.00 Vendor 717 - TMI Research Services Totals Invoices 1 $510.00 Vendor 1633 - Toyota Industries Commercial Finance, Inc. 4003420004 LITTER VACUUM LEASE PAYMENT Paid by Check #35268 02/07/2022 02/25/2022 02/25/2022 02/25/2022 950.73 Vendor 1633 - Toyota Industries Commercial Finance, Inc. Totals Invoices 1 $950.73 Vendor 1627 - Toyota Material Handling Northern California Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 9 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount GF0Y01 48" VAC HEAD Paid by Check #35269 07/28/2021 02/25/2022 02/25/2022 02/25/2022 281.83 VF5J31 REPAIRS ON FORKLIFT AT WWTP Paid by Check #35269 02/16/2022 02/25/2022 02/25/2022 02/25/2022 297.50 Vendor 1627 - Toyota Material Handling Northern California Totals Invoices 2 $579.33 Vendor 1762 - Trihydro Corporation
0173717 SENTINEL WELL MONITORING -
JANUARY 2022
Paid by Check #35270 02/14/2022 02/25/2022 02/25/2022 02/25/2022 3,344.25 Vendor 1762 - Trihydro Corporation Totals Invoices 1 $3,344.25 Vendor 782 - TruckPro Holding Corporation
131-0056217 REPAIR PART FOR U 04 Paid by Check #35271 02/09/2022 02/25/2022 02/25/2022 02/25/2022 94.00 131-0056218 REPAIR PART FOR U 10 Paid by Check #35271 02/09/2022 02/25/2022 02/25/2022 02/25/2022 20.78 Vendor 782 - TruckPro Holding Corporation Totals Invoices 2 $114.78 Vendor 49 - Tulare County
IN0198288 Small Facility/GeneratorFA1349115Paid by Check #35272 02/08/2022 02/25/2022 02/25/2022 02/25/2022 516.00 Vendor 49 - Tulare County Totals Invoices 1 $516.00
Vendor 273 - US Bank
465053346 February 2022 Paid by Check #35273 02/08/2022 02/25/2022 02/25/2022 02/25/2022 138.30 Vendor 273 - US Bank Totals Invoices 1 $138.30
Vendor 359 - Valero Marketing & Supply Company
78344832 January 2022 Paid by Check #35274 02/06/2022 02/25/2022 02/25/2022 02/25/2022 6,113.21 78343780 Fuels Paid by EFT #1885 02/06/2022 02/25/2022 02/25/2022 02/25/2022 6,388.42 Vendor 359 - Valero Marketing & Supply Company Totals Invoices 2 $12,501.63 Vendor 354 - Verizon Wireless
9899574246 CM Paid by Check #35278 02/14/2022 02/25/2022 02/25/2022 02/25/2022 1,071.54 9899574245 Administration Paid by Check #35277 02/14/2022 02/25/2022 02/25/2022 02/25/2022 127.08 9899479590 March 2022 Paid by Check #35276 02/12/2022 02/25/2022 02/25/2022 02/25/2022 344.23 9899035668 Acct# 972514922-00001 Paid by Check #35275 02/07/2022 02/25/2022 02/25/2022 02/25/2022 896.77 Vendor 354 - Verizon Wireless Totals Invoices 4 $2,439.62 Vendor 1067 - Yamabe & Horn Engineering Inc.
47150 Y&H Alta Nebraska Roundabout
ROW
Paid by Check #35279 07/22/2021 02/25/2022 02/25/2022 02/25/2022 937.50 47151 Y&H Roadway Segment Paid by Check #35279 07/22/2021 02/25/2022 02/25/2022 02/25/2022 300.00 47781 Y&H McKinley Ave Project Paid by Check #35279 11/02/2021 02/25/2022 02/25/2022 02/25/2022 7,488.50 47782 Y&H North Dinuba Improv Griggs Paid by Check #35279 11/02/2021 02/25/2022 02/25/2022 02/25/2022 31,968.15 47787 Y&H Parcel Map 2021-02 Paid by Check #35279 11/02/2021 02/25/2022 02/25/2022 02/25/2022 6,646.50 47793A Y&H Subdivisions Eng Support
Ridge Creek PH II
Paid by Check #35279 11/02/2021 02/25/2022 02/25/2022 02/25/2022 2,001.50 47804 Y&H parks maintenance facility Paid by Check #35279 11/02/2021 02/25/2022 02/25/2022 02/25/2022 392.00 Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 10 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 1067 - Yamabe & Horn Engineering Inc. Totals Invoices 7 $49,734.15 Vendor IE INC, DBA: IPERMIT
2022-57 REFUND 738 NEWTON DR
PERMIT #2022-57
Paid by Check #35280 02/15/2022 02/25/2022 02/25/2022 02/25/2022 228.00 Vendor IE INC, DBA: IPERMIT Totals Invoices 1 $228.00
Vendor Maria Elena Martinez
Refund fees Fy 21/22-Refund req for BB reg
for J.Orosco
Paid by Check #35281 02/16/2022 02/25/2022 02/25/2022 02/16/2022 02/25/2022 43.00 Vendor Maria Elena Martinez Totals Invoices 1 $43.00
Vendor Raquel Moreno
Refund fees Fy 21/22-Refund on BB regs for
A. & J. Soltero
Paid by Check #35282 02/22/2022 02/25/2022 02/25/2022 02/22/2022 02/25/2022 79.00 Vendor Raquel Moreno Totals Invoices 1 $79.00
Vendor Victor Ramirez Sanchez
Ref 20-394 Refund Ambulance Paid by Check #35283 03/30/2021 04/09/2021 04/09/2021 02/25/2022 20.00 Vendor Victor Ramirez Sanchez Totals Invoices 1 $20.00
Grand Totals Invoices 187 $3,984,631.58
Run by Rosemary Silva on 02/24/2022 12:28:02 PM Page 11 of 11 Accounts Payable Invoice Report
Payment Date Range 02/19/22 - 02/25/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 263 - Advantek Benefit Administrators
02/25/22 Miscellaneous Paid by Check #35284 02/25/2022 03/04/2022 02/04/2022 03/04/2022 34,384.58 Vendor 263 - Advantek Benefit Administrators Totals Invoices 1 $34,384.58 Vendor 416 - Amber Chemical Inc.
0372234-IN SUPPLIES FOR WATER DEPT Paid by Check #35285 02/09/2022 03/04/2022 03/04/2022 03/04/2022 652.36 Vendor 416 - Amber Chemical Inc. Totals Invoices 1 $652.36 Vendor 20 - Ameritas Life Insurance
03/1/22-03/31/22 010-007745-00000 Paid by Check #35286 02/15/2022 03/04/2022 02/04/2022 03/04/2022 21,044.68 Vendor 20 - Ameritas Life Insurance Totals Invoices 1 $21,044.68 Vendor 351 - Anthem Blue Cross
000223639106 SANO 097M84206 Paid by Check #35288 02/07/2022 03/04/2022 02/04/2022 03/04/2022 897.06 000223696623 HARTLEY 925M97595 Paid by Check #35287 02/07/2022 03/04/2022 02/04/2022 03/04/2022 241.77 000641762E Coverage 03/2022 Paid by Check #35289 02/14/2022 03/04/2022 02/04/2022 03/04/2022 571.43 Vendor 351 - Anthem Blue Cross Totals Invoices 3 $1,710.26 Vendor 17 - AT&T
939105446202/22 DSC- Telephone Paid by Check #35290 02/11/2022 03/04/2022 03/04/2022 03/04/2022 72.39 9391054469 02/22 PD - 01/11/2022 - 02/10/2022
Billing Charges
Paid by Check #35292 02/11/2022 03/04/2022 03/04/2022 03/04/2022 20.50 9391054740 02/22 PD - 01/11/2022 - 02/10/2022
Billing Charges
Paid by Check #35291 02/11/2022 03/04/2022 03/04/2022 03/04/2022 264.35 9391054736 02/22 PD - 01/20/2022 - 02/19/2022
Billing Charges
Paid by Check #35293 02/20/2022 03/04/2022 03/04/2022 03/04/2022 140.33 Vendor 17 - AT&T Totals Invoices 4 $497.57
Vendor 40 - Richard Leroy Barkley
11016 Marquee sign repair Paid by Check #35294 02/18/2022 03/04/2022 03/04/2022 03/04/2022 500.00 Vendor 40 - Richard Leroy Barkley Totals Invoices 1 $500.00 Vendor 1808 - BEST CONCRETE BLOCKS, INC
900 CONCRETE BLOCKS FOR WWTP Paid by Check #35295 02/11/2022 03/04/2022 03/04/2022 03/04/2022 1,943.55 Vendor 1808 - BEST CONCRETE BLOCKS, INC Totals Invoices 1 $1,943.55 Vendor 116 - BSK Analytical Laboratories
AF04900 WATER SAMPLE TESTING -
WATER DEPT
Paid by Check #35296 02/22/2022 03/04/2022 03/04/2022 03/04/2022 1,421.00 AF04904 WATER SAMPLE TESTING -
WATER DEPT
Paid by Check #35296 02/22/2022 03/04/2022 03/04/2022 03/04/2022 154.00 Vendor 116 - BSK Analytical Laboratories Totals Invoices 2 $1,575.00 Vendor 305 - Cartozian Air Conditioning and Heating Inc. 17785 Cartozian Maintenance Agreement Paid by Check #35297 11/04/2021 03/04/2022 03/04/2022 03/04/2022 2,950.00 Run by Rosemary Silva on 03/03/2022 03:24:01 PM Page 1 of 5 Accounts Payable Invoice Report
Payment Date Range 02/26/22 - 03/04/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 305 - Cartozian Air Conditioning and Heating Inc. Totals Invoices 1 $2,950.00 Vendor 170 - Comcast
0191269 02/22/22 201 N URUAPAN WAY Paid by Check #35298 02/22/2022 03/04/2022 03/04/2022 03/04/2022 286.54 Vendor 170 - Comcast Totals Invoices 1 $286.54
Vendor 232 - Courier Printing and Village Printer
C26322 PD - Supplies / Envelopes Paid by Check #35299 02/18/2022 03/04/2022 03/04/2022 03/04/2022 1,059.50 Vendor 232 - Courier Printing and Village Printer Totals Invoices 1 $1,059.50 Vendor 1412 - Hands in the Community
03/03/2022 2022 Hands in the community
Annual Golf Tournament
Sponsorship
Paid by Check #35300 03/03/2022 03/04/2022 03/04/2022 03/04/2022 800.00 Vendor 1412 - Hands in the Community Totals Invoices 1 $800.00 Vendor 1431 - Patricia Hartman
02/28/2022 ANTHEM-March 2022 Paid by Check #35301 02/28/2022 03/04/2022 02/04/2022 03/04/2022 92.00 Vendor 1431 - Patricia Hartman Totals Invoices 1 $92.00 Vendor 1150 - Hoffman Security
563174 DSC - Security Monitoring-March
2022
Paid by Check #35302 02/20/2022 03/04/2022 03/04/2022 03/04/2022 105.00 Vendor 1150 - Hoffman Security Totals Invoices 1 $105.00 Vendor 1805 - J & E RESTAURANT SUPPLY, INC
81600 PD - Everest Freezer Model
#ESRF3 / Evidence Room
Paid by Check #35303 02/22/2022 03/04/2022 03/04/2022 03/04/2022 7,000.00 Vendor 1805 - J & E RESTAURANT SUPPLY, INC Totals Invoices 1 $7,000.00 Vendor 922 - James G Palmer Appraisals, Inc.
4181 James G Palmer Appraisal Paid by Check #35304 02/24/2022 03/04/2022 03/04/2022 03/04/2022 2,750.00 Vendor 922 - James G Palmer Appraisals, Inc. Totals Invoices 1 $2,750.00 Vendor 213 - Javelina Trading Company
2110025 GLOVES FOR WATER DEPT Paid by Check #35305 11/11/2021 03/04/2022 03/04/2022 03/04/2022 2,235.03 Vendor 213 - Javelina Trading Company Totals Invoices 1 $2,235.03 Vendor 1403 - Kings Industrial Occupational Medical Center, Inc. 137534 SERVICE MONTH JANUARY 2022 Paid by Check #35306 02/04/2022 03/04/2022 02/04/2022 03/04/2022 360.00 137540 SERVICE MONTH JANUARY 2022 Paid by Check #35306 02/04/2022 03/04/2022 02/04/2022 03/04/2022 2,973.52 Vendor 1403 - Kings Industrial Occupational Medical Center, Inc. Totals Invoices 2 $3,333.52 Vendor 89 - Liebert Cassidy Whitmore
211921 Legal Services (lawyers) Paid by Check #35307 01/31/2022 03/04/2022 02/04/2022 03/04/2022 212.00 Vendor 89 - Liebert Cassidy Whitmore Totals Invoices 1 $212.00 Run by Rosemary Silva on 03/03/2022 03:24:01 PM Page 2 of 5 Accounts Payable Invoice Report
Payment Date Range 02/26/22 - 03/04/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 589 - Rosa Montanez
01/28/2022 ANTHEM-March 2022 Paid by Check #35308 02/28/2022 03/04/2022 02/04/2022 03/04/2022 116.29 Vendor 589 - Rosa Montanez Totals Invoices 1 $116.29
Vendor 22 - Moore Twining Associates Inc.
2367877 MONITORING WELL ANNUAL
SAMPLING
Paid by Check #35309 02/24/2022 03/04/2022 03/04/2022 03/04/2022 1,140.00 2367879 WATER SAMPLE TESTING WWTP
- INDUSTRIAL
Paid by Check #35309 02/24/2022 03/04/2022 03/04/2022 03/04/2022 88.00 2368053 WATER SAMPLE TESTING WWTP
- INDUSTRIAL
Paid by Check #35309 02/28/2022 03/04/2022 03/04/2022 03/04/2022 88.00 2368055 WATER SAMPLE TESTING WWTP
- IN HOUSE
Paid by Check #35309 02/28/2022 03/04/2022 03/04/2022 03/04/2022 115.00 2368056 WATER SAMPLE TESTING WWTP
- INDUSTRIAL
Paid by Check #35309 02/28/2022 03/04/2022 03/04/2022 03/04/2022 88.00 2368057 WATER SAMPLE TESTING WWTP
- INDUSTRIAL
Paid by Check #35309 02/28/2022 03/04/2022 03/04/2022 03/04/2022 88.00 Vendor 22 - Moore Twining Associates Inc. Totals Invoices 6 $1,607.00 Vendor 142 - Office Depot BSD
220191776001 Office Supplies Paid by Check #35310 01/07/2022 03/04/2022 03/04/2022 03/04/2022 11.91 220191070001 Office Supplies Paid by Check #35310 01/09/2022 03/04/2022 03/04/2022 03/04/2022 84.01 221873146001 Office Supplies Paid by Check #35310 01/12/2022 03/04/2022 03/04/2022 03/04/2022 46.72 220995304001 Office Supplies Paid by Check #35310 01/17/2022 03/04/2022 03/04/2022 03/04/2022 38.57 220996004001 Office Supplies Paid by Check #35310 01/17/2022 03/04/2022 03/04/2022 03/04/2022 13.40 221922649001 Office Supplies Paid by Check #35310 01/18/2022 03/04/2022 03/04/2022 03/04/2022 17.35 220996004002 Office Supplies Paid by Check #35310 01/19/2022 03/04/2022 03/04/2022 03/04/2022 6.88 222117390002 Office Supplies Paid by Check #35310 02/08/2022 03/04/2022 03/04/2022 03/04/2022 22.16 227140040001 Office Supplies Paid by Check #35310 02/09/2022 03/04/2022 03/04/2022 03/04/2022 5.73 219673407001 PD - Supplies Paid by Check #35310 01/31/2022 03/04/2022 03/04/2022 03/04/2022 282.50 Vendor 142 - Office Depot BSD Totals Invoices 10 $529.23 Vendor 76 - Pacific Gas & Electric
316657841902/22 3007 W KAMM AVE Paid by Check #35321 02/16/2022 03/04/2022 03/04/2022 03/04/2022 23.82 432339024692/22 CITRUS HEIGHTS VENTURA AND
O
Paid by Check #35311 02/14/2022 03/04/2022 03/04/2022 03/04/2022 64.00 854359817422/22 PARKS Paid by Check #35312 02/14/2022 03/04/2022 03/04/2022 03/04/2022 213.44 901837373532/22 DUNMORE HOMES VISCAYA 1 AT
SAGINA
Paid by Check #35313 02/14/2022 03/04/2022 03/04/2022 03/04/2022 934.02 919617675882/22 SIERRA WAY AND BUENA VISTA
AVE
Paid by Check #35314 02/14/2022 03/04/2022 03/04/2022 03/04/2022 74.34 156188827222/22 PW Paid by Check #35315 02/11/2022 03/04/2022 03/04/2022 03/04/2022 133.48 338077954232/22 2007 N CRAWFORD AVE Paid by Check #35316 02/11/2022 03/04/2022 03/04/2022 03/04/2022 777.66 954874984792/22 ALTA & NEBRASKA AVE Paid by Check #35320 02/11/2022 03/04/2022 03/04/2022 03/04/2022 73.95 Run by Rosemary Silva on 03/03/2022 03:24:01 PM Page 3 of 5 Accounts Payable Invoice Report
Payment Date Range 02/26/22 - 03/04/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 640799572502/22 PW Paid by Check #35317 02/14/2022 03/04/2022 03/04/2022 03/04/2022 606.17 917922255332/22 PW Paid by Check #35319 02/14/2022 03/04/2022 03/04/2022 03/04/2022 916.65 886695643252/22 NW SE SW 18 16 24 Paid by Check #35318 02/16/2022 03/04/2022 03/04/2022 03/04/2022 1,267.21 Vendor 76 - Pacific Gas & Electric Totals Invoices 11 $5,084.74 Vendor 349 - RES COM Pest Control
1997983 PD - Dog Kennel Pest Control
Service
Paid by Check #35322 02/18/2022 03/04/2022 03/04/2022 03/04/2022 44.00 Vendor 349 - RES COM Pest Control Totals Invoices 1 $44.00 Vendor 1677 - Rodeo Wild West
528215 BOOT ALLOWANCE - PABLO
VELAZQUEZ
Paid by Check #35323 02/18/2022 03/04/2022 03/04/2022 03/04/2022 150.00 Vendor 1677 - Rodeo Wild West Totals Invoices 1 $150.00 Vendor 42 - Scout Specialties
152827 SUPPLIES FOR WWTP Paid by Check #35324 02/14/2022 03/04/2022 03/04/2022 03/04/2022 164.38 Vendor 42 - Scout Specialties Totals Invoices 1 $164.38 Vendor 46 - Self Help Enterprises
SUB-9 CDBG-CV2-3 SUB ASSISTANCE,
GENERAL ADMIN &
IMPLEMENTATION COST
Paid by Check #35325 02/14/2022 03/04/2022 03/04/2022 03/04/2022 21,143.81 12 CDBG-CV1 GENERAL ADMIN &
IMPLEMENTATION COSTS
Paid by Check #35325 02/16/2022 03/04/2022 03/04/2022 03/04/2022 2,926.96 BA-9 CDBG-CV2-3 BA GENERAL ADMIN Paid by Check #35325 02/21/2022 03/04/2022 03/04/2022 03/04/2022 488.91 Vendor 46 - Self Help Enterprises Totals Invoices 3 $24,559.68 Vendor 121 - State of California
GEM0422B8LI 2021 QTR 4 Acct
#GEM1255427183
Paid by Check #35326 04/01/2022 03/04/2022 03/04/2022 03/04/2022 31,147.44 Vendor 121 - State of California Totals Invoices 1 $31,147.44 Vendor 92 - Target Specialty Products
INVP500717948 SUPPLIES FOR WWTP Paid by Check #35327 02/16/2022 03/04/2022 03/04/2022 03/04/2022 503.55 INVP500717950 SUPPLIES FOR WWTP Paid by Check #35327 02/16/2022 03/04/2022 03/04/2022 03/04/2022 582.81 Vendor 92 - Target Specialty Products Totals Invoices 2 $1,086.36 Vendor 273 - US Bank
466078326 Copier Lease 02/20/2022 -
03/20/2022
Paid by Check #35329 02/23/2022 03/04/2022 03/04/2022 03/04/2022 2,463.38 465486140 PD - Copiers Lease Paid by Check #35328 02/15/2022 03/04/2022 03/04/2022 03/04/2022 907.08 Vendor 273 - US Bank Totals Invoices 2 $3,370.46
Vendor 354 - Verizon Wireless
Run by Rosemary Silva on 03/03/2022 03:24:01 PM Page 4 of 5 Accounts Payable Invoice Report
Payment Date Range 02/26/22 - 03/04/22
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 9899203621 PD - 01/11/2022 - 02/10/2022
Billing Charges
Paid by Check #35330 02/10/2022 03/04/2022 03/04/2022 03/04/2022 1,986.62 9899574242 ADMIN PHONE CHARGES Paid by Check #35331 02/14/2022 03/04/2022 03/04/2022 03/04/2022 262.60 Vendor 354 - Verizon Wireless Totals Invoices 2 $2,249.22 Vendor JENNIFER ALLEN
02/25/2022 Refund overpayment 19-1563 Paid by Check #35332 02/25/2022 03/04/2022 03/04/2022 03/04/2022 15.00 Vendor JENNIFER ALLEN Totals Invoices 1 $15.00
Vendor Antonio Galvan
Refund fees Fy 19/20-Sports-BB Season
cancelled due to Covid-19
Paid by Check #35338 04/01/2020 04/24/2020 04/24/2020 04/01/2020 03/04/2022 121.00 Vendor Antonio Galvan Totals Invoices 1 $121.00
Grand Totals Invoices 69 $153,376.39
Run by Rosemary Silva on 03/03/2022 03:24:01 PM Page 5 of 5 Accounts Payable Invoice Report
Payment Date Range 02/26/22 - 03/04/22
Report By Vendor - Invoice
Summary Listing
City Council Staff Report
Department: PUBLIC WORKS March 8, 2022
To: Mayor and City Council
From: Ismael Hernandez, Public Works Director
By: George Avila, Business Manager
Subject: Ordinance No. 2022-02 Amending Ordinance No. 2019-01 Adopting State Mandated Recycling Programs (IH)
RECOMMENDATION
Council conduct a public hearing, receive testimony, close the public hearing and take the following actions by one motion:
1. Introduce and waive the full reading of Ordinance No. 2022-02, amending Ordinance No. 2019-01 that updated Title 7.21 of the Dinuba Municipal Code pertaining to the regulation of State mandated recycling programs; and,
2. Schedule second reading and adoption of Ordinance for March 22, 2022.
EXECUTIVE SUMMARY
On January 22, 2019 the Dinuba City Council adopted Ordinance No. 2019-01. This Ordinance added the provisions of Assembly Bills 341 and 1826 to Title 7 of the Dinuba Municipal Code. Shortly after taking this action the State adopted final regulations for Senate Bill 1383 mandating a statewide effort to reduce emissions of short-lived climate pollutants. Adopting Ordinance No. 2022-02 will amend Ordinance No. 2019-01 and add the requirements of SB 1383 to Title 7.21 of the Dinuba Municipal Code.
OUTSTANDING ISSUES
None.
DISCUSSION
Information regarding Senate Bill 1383 was presented to the City Council on September 28, 2021. This landmark legislation aims to reduce methane emissions caused by short-lived climate pollutants such as organic food waste.
The State of California has taken an increasingly proactive approach to limit the detrimental effects of greenhouse gases. Starting with the California Integrated Waste Management Act of 1989 and continuing with Assembly Bill 341 and Assembly Bill 1826, the State has demonstrated that it is committed to reducing the amount of waste that goes to landfills.
As discussed with the City Council on September 28, 2021, the provisions of SB1383 require the City to:
1. Provide organic waste recycling services to all residents and businesses;
2. Inspect an enforce compliance with the subject legislation by adopting an enforcement ordinance;
3. Implement and edible food recovery program that recovers edible food from the waste stream;
4. Conduct outreach and education to all affected parties;
5. Procure recycled organic waste products like compost, mulch and renewable natural gas; and
6. Maintain accurate and timely records of SB1383 compliance for annual reporting requirements.
As indicated in item number two above, the State has directed that each jurisdiction adopt a local Ordinance adding the provisions of SB1383 to its local municipal code. Ordinance No. 2019-01 was adopted on January 22, 2019 and served to add the recycling mandates that were in effect at that time. However in order to add SB1383 regulations, this Ordinance must be amended. The adoption of Ordinance No. 2022-02 will amend Ordinance No. 2019-01 and make the City compliant with SB1383 regulations.
Enclosed herein is Ordinance 2022-02, identified as Attachment 'A'. This new Ordinance is essentially the 2019-01 Ordinance with some minor editorial deletions and some added sections necessary to comply with SB 1383. Staff has worked with the City's franchise hauler and the City Attorney to prepare the attached Ordinance. After holding a public hearing and accepting public comment, it is recommended that the City Council schedule a second reading and adoption of this Ordinance for March 22, 2022.
FISCAL IMPACT
There is no cost associated with the recommended action.
PUBLIC HEARING
A public hearing notice was published in the February 24, 2022 issue of the Mid-Valley Times.
ATTACHMENTS:
Description
A. Ordinance Number 2022-02
1 ORDINANCE NO 2022-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DINUBA
AMENDING TITLE 7 OF THE DINUBA MUNICIPAL CODE PERTAINING TO THE
REGULATION OF STATE MANDATED RECYCLING PROGRAMS AND
PROVIDING FORTHE ENACTMENT AND EFFECTIVE DATE THEREOF
THE CITY COUNCIL OF THE CITY OF DINUBA HEREBY DOES ORDAIN:
SECTION I. Amendments and additions were made to the following chapter within the Dinuba Municipal Code related to State mandated recycling programs: Chapter 21 of Title 7 (Health andSanitation) as follows:
7.21.010 Purpose:
The City is required to adhere to state mandated policies and thus is establishing citywide requirements applicable pursuant to the 1989 California Integrated Waste Management Act - Assembly Bill 939 (AB 939). This specifically includes amendment provisions for AB 341, signed into law October 2011, Recycling of Commercial Solid Waste , AB 1826, signed into law September 2014, Recycling of Organic Waste, and SB 1383, signed into law September 2016, and any future bills signed into law under AB 939. AB 341 and AB 1826 impacting commercial businesses and multifamily dwellings with five (5) or more units, whereas SB 1383 impacts commercial businesses, multifamily dwellings, and single family dwellings. These laws are intended to increase the diversion of recyclable material and organic waste from landfill disposal, reduce greenhouse gas emissions, conserve water, energy and other natural resources, and protect the environment. This ordinance is to ensure citywide compliance of state mandated policies and document enforcement penalties to ensure full awareness and to protect the public safety, health and welfare and to enhance the environment for the people of the City of Dinuba.
7.21.020 Definitions:
For the purpose of this Chapter, certain words and terms are defined as follows:
A. "AB 939" means the Division 30 Waste Management in the California Public Resource Code.
B. "AB 341" means Chapter 12.8 Recycling of Commercial Solid Waste in Part 3 of Division 30 in the California Public Resource Code.
C. "AB 1826" means Chapter 12.9 Recycling of Organic Waste in Part 3 of Division 30 2 in the California Public Resource Code.
D. "BIN" means a metal or plastic container for the collection of solid waste, organic waste, or recyclable material.
E. "BULKY ITEMS" means discarded waste that is too large to be placed in a closed waste/recycle bin/cart, so items are not protruding out the top including, but not limited to, large appliances, furniture, carpets, mattresses, and similar large items that require special handling due to the size.
F. "BUSINESS" or "BUSINESSES" means any commercial or public entity, including, but not limited to a firm, partnership, proprietorship, corporation, or an association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.
G. "CART" means a 96-gallon plastic container used for the collection of solid waste, organic green waste, organic food waste, or recyclable material"City" means the municipal corporation known as the City of Dinuba acting through its managers and employees.
H. “CITY” means the California municipal corporation known as the City of Dinuba acting through its City Council, managers and employees.
I. COMMERCIAL EDIBLE FOOD GENERATOR: includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74).
J. "CONTAMINATION" means bin/cart contains material other than what is allowed, as defined by the Franchise Hauler.
K. “EDIBLE FOOD”: Food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code (Health & Safety Code §§ 113700 – 114437).
L. “FOOD RECOVERY ORGANIZATION”: An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1) A food bank as defined in Section 113783 of the Health and Safety Code; 3 2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
M. “FOOD RECOVERY” means edible food collected and redistributed to feed people in need rather than going to the landfill for disposal, or as otherwise defined in 14 CCR Section 18982(a)(24).
N. “FOOD RECOVERY SERVICE”: An entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.
O. "FRANCHISE HAULER" means the hauler that is contracted with the city by a franchise agreement and has an exclusive agreement to collect solid waste, recyclables, organic/green waste, organic waste, electronic waste, and construction and demolition materials.
P. "MULTI-FAMILY DWELLING(S)" means any residential structure used for housing, with five (5) or more units.
Q. "ORGANIC FOOD WASTE" means solid, semisolid, and liquid food waste, such as fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, coffee grounds, and filter, and tea bags as defined by the authorized Franchise Hauler.
R. ORGANIC GREEN WASTE” means biodegradable/compostable such as branches, grass, floral trimmings, landscape & pruning waste, leaves, non-treated wood waste, shrubs, trees, and weeds as defined by the authorized Franchise Hauler.
S. “ORGANIC WASTE” means food waste and green waste as defined by the Franchise Hauler.
T. “ORGANIC WASTE GENERATOR” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48) of SB 1383.
U. "RECYCLABLE" means any material that can be sorted, marketed, and reconstituted, for the purpose of using the altered form in the manufacture of a new product, as approved by the city and its authorized franchise hauler.
V. RECYCLE" or "RECYCLING" means source separation of: 1) recyclables, 2) organic green waste, and 3) organic food waste.
4 W. "RECYCLING PROGRAM" means 1) pick-up by authorized Franchise Hauler, 2) self-haul directly to landfill or transfer station, 3) resale for profit to a third party, and 4) composting onsite.
X. "RESIDENTIAL PREMISES" means any residential structure used for single-family housing or Multi-family dwelling with less than five (5) units.
Y. “RESIDENTS” means those individuals residing within the current City Limits of the City of Dinuba.
Z. "OWNER" means the holder(s) of the legal title to the real property.
AA.“SB 1383” means the Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills Act of 2016. Article 4 Title 14, Division 4, Chapter 12 of the California Code of Regulations.
BB.SELF-HAUL" means transport and disposal of solid waste, recyclable materials, organic green waste, or organic food waste at the landfill or transfer station by a member of the household where it was generated. For a business, "Self-haul" means transport and disposal by an individual listed on its payroll as an employee, but not as an agent.
CC. "SOLID WASTE" means all materials of any kind that is not organic, organic/green, or recyclable as defined by the authorized Franchise Hauler DD. "SOURCE SEPARATION" means to divide refuse at the place of discard generation, prior to collection, into separate containers that are designated for recyclables, organic, organic/green waste, and solid waste/trash.
EE."SPECIAL EVENT" means a community, public, commercial, recreational or social event which may serve food or drink and which may require a permit from the City. Special event may include the temporary or periodic use of a public street, publicly owned site or facility, or Public Park.“FOOD RECOVERY” means edible food collected and redistributed to feed people in need rather than going to the landfill for disposal, or as otherwise defined in 14 CCR Section 18982(a)(24).
DD. “TIER ONE (1)” COMMERCIAL EDIBLE FOOD GENERATOR” means a commercial edible food generator that is one of the following:
1. Supermarkets with gross annual sales of $2,000,000 or more.
2. Grocery store with a total facility size equal to or greater than 10,000 square feet.
3. Food service provider.
4. Wholesale food vendor.
5 SB 1383 Tier 1 commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2022 or face significant financial penalties as prescribed in 14 CCR Section 18997.2, the City of Dinuba Municipal Code, or any other applicable enforcement provision of this chapter, as determined by the City Manager and/or his or her designee.
EE.“TIER TWO (2)” COMMERCIAL EDIBLE FOOD GENERATOR” means commercial edible food generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an on-site food facility and 200 or more rooms.
3. Health facility with an on-site food facility and 100 or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. A local education agency facility with an on-site food facility.
SB 1383 Tier 2 Commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2024 or face significant financial penalties as prescribed in 14 CCR Section 18997.2, the City of Dinuba Municipal Code, or any other applicable enforcement provision of this chapter, as determined by the City Manager and/or his or her designee.
FF.'’TRASH" means material that is designated for landfill disposal and does not include either Recyclable or Compostable materials. The term “trash” does not include hazardous waste material.
7.21.030 General Provisions:
A. Commencing January 1, 2019, all Businesses, Multi-family Dwellings, and Residents within City Limits shall adhere to state mandated laws and regulations outlined under AB 939 as well as all current and/or future amendments, i.e., AB 341, AB 1826, SB 1383, etc.
B. Designated Recyclable materials shall be source separated prior to collection, removal, transportation or disposal.
C. Business and Multi-family Owners must subscribe to City approved Recycling Programs of 1) pick-up by approved Franchise Hauler, 2) self-haul, 3) resale for profit, or 4) on-site composting.
a. Should an Owner subscribe to self-haul, resale for profit and/or on-site composting, they are required to provide quarterly/annual proof of recycling through scale tickets or arranged site visits with city personnel and/or designated representative for on-site composting.
D. Businesses, Multi-family Dwellings, and Residents subscribing to approved Franchise Hauler will be provided bins or carts based on their recycling subscription.
E. Businesses, Multi-family Dwellings, and Residents will recycle, by source separation, in to designated bins or carts.
a. Failure to comply with source separation can result in contamination fees and citations. 6 F. Businesses, Multi-family Dwellings, and Residents may subscribe to additional Recycling services.
G. Businesses that generate solid waste are required to subscribe to both a Recyclable and Organic Waste Recycling Program.
a. State law determines solid waste generation requirements.
H. Multi-family Dwellings must subscribe to both Recyclable and Organic Waste Recycling Programs.
I. Residential customers will be provided both Recyclable and Organic Waste Recycling carts as part of their City provided Utility service and be required to source separate materials as defined by the Franchise Hauler.
J. Food waste bins shall be locked with master key held by Franchise Hauler and duplicateprovided to business.
7.21.040 Unlawful Acts:
A. It is unlawful for any Business, Multifamily Dwelling, or Resident to fail to comply with any provision or requirement set forth in this chapter/division, which is applicable to such Business, Multifamily Dwelling, or Resident.
7.21.050 Multi-family Recycling:
A. Owners of Multi-family Dwellings are responsible for providing tenants with requiredrecycling receptacles and subscribing to mandated/required Recycling Programs.
B. The multi-family Dwellings Recycling Programs which available are:1) Recyclables and 2) Organic waste.
C. Owners or managers of Multi-family Dwellings are responsible for ensuring their tenantscompliance in all Recycling Programs.
D. Owners of Multi-family Dwellings shall provide a location for placement of communal recycling containers that are convenient for tenants and approved by the Director of Public Works and/or their designated representative.
E. Owners and/or property managers shall provide tenants documented instructions about their subscribed Recycling Programs and the requirement to source separate.
F. All Multi-family Dwelling properties shall ensure carts are stored at their approved location at all times other than service day (Ord. 91-2 (part), 1991: Ord. 486 § 7, 1971).
7.21.060 Commercial Business Recycling:
A. Commercial Businesses are required to subscribe to approved Recycling Programs.
Regulated Businesses must start service no later than June 1, 2022. If service has not been initiated by that date the City’s franchise hauler will automatically enroll customers during the weeks of June 1, 2022 – July 1, 2022.
B. Commercial Recycling Programs available are: 1) Recyclables, 2) Food Waste and 3) Organic Green waste.
7 1. Recycling Program subscriptions are based on guidelines set by the State of California. The Franchise Hauler will work with the Commercial Business to assess which Recycling Program the Business is required to participate in based on their current solid waste service and State guidelines. a. Businesses generating four (4) cubic yards or more of solid waste weekly must enroll in the Mandatory Commercial Recycling (MCR) program. b. Businesses generating two (2) cubic yards or more of solid waste weekly much enroll in the Mandatory Commercial Organic Recycling (MORe) program.
c. If a Business generates less than 20 gallons of food waste weekly they do not need to source separate food waste. However, to be SB 1383 compliant, Businesses will be required to recycle organic waste such as paper, cardboard, etc.
C. Business owners are responsible for ensuring their employees compliance in all RecyclingPrograms.
D. Owners and/or Businesses shall provide a location for placement of recycling container(s)approved by the Director of Public Works and/or their designated representative.
E. Businesses shall provide all employees documented instructions about their subscribedRecycling Programs and the requirement to source separate.
7.21.070 Residential Recycling:
A. Owners of Residential dwellings subscribe to approved Recycling Programs through theirCity provided Utility services.
B. Residential Recycling Programs available are: 1) Recyclables, 2) Organic Waste.
C. Owners and/or property managers of residential dwellings shall provide tenants documented instructions about their subscribed Recycling Program and the requirement to source separate.
D. All Residential properties that utilize ninety-six (96) gallon blue recycling and green waste carts for curbside service shall ensure carts are stored at their approved location at all times otherthan service day (Ord. 91-2 (part), 1991: Ord. 486 § 7, 1971).
7.21.080 Special event recycling:
A. Special Event Recycling will be determined as part of the application approval process by the Department of Public Works.
B. Coordinators of Special Events may be required to temporarily subscribe to a RecyclingProgram. Subscription should cover: 1) Setup, 2) Event, and 3) Teardown.
C. Recycling Programs available are: 1) Recyclables and 2) Organic Food waste. a. The required subscription is based on what is offered at event, i.e., if there is no 8 foodbeing offered, then subscription to the Organic Food Waste Recycling Program is not required.
D. Coordinators of Special Events must have enough receptacles to cover the venue adequately.
7.21.090 Construction & demolition recycling.
A. All Construction & Demolition projects shall adhere to Chapter 14.64 Construction & Demolition Debris Recycling & Reuse Ordinance.
7.21.100 Organic waste generators.
SB 1383 requirements that apply to organic waste generators include, but are not necessarily limited to the following:
A. All residential premises shall be automatically enrolled in the City’s three-container collection services for garbage, recyclable materials, and organic waste including food waste.
B. All commercial premises (including all multifamily residential complexes with five (5) or more units) must make arrangements for the diversion of recyclable materials and organic waste, either through a collection service with a solid waste franchised hauler, or by self-hauling to a permitted facility meeting the requirements specified in 14 CCR Section 18984.3. The City 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 premises shall adjust their service level for their collection services as required by the City. Regulated Businesses must start service no later than June 1, 2022. If service has not been initiated by that date the City’s franchise hauler will automatically enroll customers during the weeks of June 1, 2022 – July 1, 2022.
C. Generator shall place organic waste, including food waste, in the designated organic waste container; recyclable materials in the designated recycling container; and garbage in the designated garbage container. Failure to do so may result in the City’s determination that the Resident’s or Business’s container is contaminated (See DMC 7.21.160 Contaminated Containers).
D. Generators shall not place materials designated for the garbage container into the organic waste container or recycling container.
E. Each commercial premise and multifamily residential complex property owner shall be responsible for ensuring and demonstrating its compliance with the following requirements:
1. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with requirements described below) for employees, contractors, tenants, and customers, consistent with the City’s collection service or, if self- hauling in compliance with self-hauling requirements in Section B.c. herein.
9 2. Excluding multi family residential complexes, provide containers for the collection of organic waste and 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 commercial premises 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 where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by the City’s franchised hauler, 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 premises 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 January1, 2036, whichever comes first. b. 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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
c. Multi family residential complexes are not required to comply with container placement requirements or labeling requirements in this Section pursuant to 14 CCR Section 18984.9(b).
3. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.
4. Provide education information before or within fourteen (14) days of occupation of the premises by new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage and the location of containers and the rules governing their use at each property.
5. Provide or arrange access for the City or its representative to their properties during all inspections conducted in accordance with SB1383 to confirm compliance with the requirements of this Chapter.
6. Commercial premises, but not multifamily residential complexes, are also required to:
a. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City’s collection service.
b. Periodically inspect organic waste, recycling, and garbage containers for contamination and inform employees if containers are contaminated and of the 10 requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
7. Nothing in this Chapter 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).
7.21.110 Other entities.
SB 1383 requirements that apply to other entities include, but are not necessarily limited to the following:
A. Commercial edible food generators
1. Tier one commercial edible food generators shall comply with the requirements of 14 CCR Section 18991 commencing January 1, 2022. Tier two commercial edible food generators shall comply with the requirements 14 CCR Section 18991.3 commencing January 1, 2024.
2. A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of 14 CCR Section 18991.3.
3. Commercial edible food generators shall comply with the following requirements:
a. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
b. 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.
c. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
d. Shall keep records as specified in 14 CCR Section 18991.4. e. Shall provide to the City a copy of any of the information they are required to track per Section 18991.4 within 30 days of request by the City.
7.21.120 Self-Hauler requirements.
A. Any party wishing to self-haul material must apply for and receive written approval from the City.
B. Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
C. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic 11 waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
1.Self-haulers that are commercial customers (including multifamily residential complexes) shall keep a record of the amount of organic 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 City. The records shall include the following information:
(a) Delivery receipts and weight tickets from the entity accepting the waste. (b) The amount of material in cubic yards or tons transported by the generator to each entity.
(c) 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.
7.21.130 Food Recovery:
A. Commercial edible food generators shall recover the maximum amount of edible food for distribution to food recovery organizations that accept edible food. A large venue or event operator that does not provide food services, but allows food to be provided shall arrange for edible food to be collected and distributed to food recovery organizations that accept edible food.
B. Any edible food generator that intentionally spoils edible food capable of recovery will be subject to citation and fees.
7.21.140 Food recovery organizations and services.
Food recovery organizations and services shall maintain records as specified in 14 CCR Section 18991.5, and shall provide a copy of those records to the City within 30 days of request by the City.
7.21.150 Waivers for generators.
City may waive a commercial customer’s obligation (including a multifamily residential complex) to comply with some or all of the organic waste requirements of SB 1383 if the commercial customer provides documentation as described below, and the City finds that documentation supports the granting of a waiver. Waivers shall apply for up to, but no longer than five (5) years, as determined by the Director and/or his or her designee.
A. Commercial customers requesting a de minimis waiver shall submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
1. The commercial customer’s 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,
2. The commercial customer’s 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 12 container comprises less than 10 gallons per week per applicable container of the business’ total waste; or
3. Notify City if circumstances change such that commercial customer’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
B. Commercial customers or property owners may request a physical space waiver through the following process:
1. Submit an application specifying the services that they are requesting a waiver from.
2. Provide documentation that the premise lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
7.21.160 Contaminated Containers.
A. Blue Recycling containers for Recyclable material containing any unrecyclable material, as determined by the Franchise Hauler, may be subject to receiving a citation for contamination and subject to fees.
B. Green Recycling containers for Organic Food and Organic Green Waste containing any unrecyclable material, as determined by the Franchise Hauler, may be subject to receiving a citation of contamination and subject to fees.
C. Black/Grey Trash containers for Trash containing recyclables and/or organic waste, as determined by the Franchise Hauler, may be subject to receiving a citation of contamination and subject to fees.
D. Recycling bins and carts may be subject to contamination citations and fees.
E. Trash bins and carts may be subject to contamination citations and fees.
F. Contamination of Blue or Green Recycling and Trash containers will be determined by the Franchise Hauler at time of service and documented with pictures.
G. When a Black/Grey Trash, Blue Recyclable, and/or Green Organic Waste container has been deemed contaminated:
1. Franchise Hauler will not dump container on first and second consecutive occurrences to allow customer until next service day to correct.
2. Customer will be issued a citation advising of contamination and fees for additional contaminations.
3. Franchise Hauler will document, with pictures, contaminated container for all occurrences.
4. Franchise Hauler will dump container on third consecutive occurrence and apply contamination fee.
5. Occurrence and citation will be retained on customer's account.
H. When an Organic Waste container has been deemed contaminated:
1. Franchise Hauler will dump contaminated container on the scheduled service day or nolater than the next business day, subject to Franchise Hauler discretion.
13 2. For the first occurrence within a 90 day period, customer will be issued a citationadvising of contamination and fees for additional contaminations.
3. Multiple occurrences within a 90 day period will be subject to citation and additional fees.
7.21.170 Inspections and investigations by City.
A. The City’s representatives, its designated entity, and/or 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 premises (including multifamily residential complexes), 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 the City to enter the interior of a private residential property for inspection.
B. A regulated entity shall provide or arrange for access to their properties during all inspections and shall cooperate with the City’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 access to an entity’s premises or access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.
C. Any records obtained by the City during its inspections 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.
7.21.180 Citations and fees.
A. Failure of Commercial Businesses, Multi-family Dwellings, and Residential customer to subscribe in approved Recycling Programs, as mandated by the state, will result in citations and associated fees(Ord. 91-2 (part), 1991: Ord. 486 § 12, 1971).
B. Commercial Businesses and Multi-family Dwellings contaminated containers will result inCity issued citations and associated fees billed by the Franchise Hauler.
C. Residential contaminated containers will result in citations and associated fees (Ord. 91-2(part), 1991: Ord. 486 § 2, 1971).
SECTION 3. SEVERABILITY.
Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reasonheld by a court of competent jurisdiction to be invalid, such decision shall not affect the validityof the remaining portions of this ordinance. 14 SECTION 4. PUBLICATION AND EFFECTIVE DATE
The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
This Ordinance shall take effect and be in full force thirty (30) days from and after its adoption.
The foregoing Ordinance No. 2022-02 was introduced at a regular meeting of the City Council of the City of Dinuba on the 8
th day of March 2022 by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Linda Launer, Mayor of the City of Dinuba
ATTEST:
__________________________
Maria Alaniz, Interim City Clerk