RUSTINE CITY CALIFOR AGENDA
CITY OF GUSTINE
CITY COUNCIL
COUNCIL CHAMBERS, CITY HALL
352 5*h STREET GUSTINE, CALIFORNIA
MAY 17, 2022 - 6:30 P.M.
As of April 6, 2022, the Council Chambers are re-opened and in-person attendance is encouraged.
As a convenience, the City will be retaining the virtual component of public meetings for optional virtual attendance with the use of an online meeting room.
Login and dial-in information is as follows:
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CALL TO ORDER - PLEDGE OF ALLEGIANCE
Please take a moment to silence your cell phones.
ROLL CALL
Council Members: Bonta - Brazil - Ford - Mayor Pro Tem Alexander - Mayor Nagy
PRESENTATIONS
PUBLIC COMMENT
At this time, any person may comment on any item which is not on the agenda. PLEASE STATE YOUR NAME FOR THE RECORD. Action will not be taken on the topic unless deemed an urgency matter by a 3/5 vote of the City Council. Topics not considered an urgency matter may be referred to City staff and/or placed on a subsequent agenda for consideration, by a 3/5 vote of the City Council.
Members of the public, who have questions or comments regarding a specific agenda item, may comment on that item before consideration of that item, when recognized by the Mayor.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.
Are there any items on the consent calendar that any member of the public would like to comment on?
Minutes of the May 3, 2022 Regular Meeting
Recommendation: Review and approve
2. Warrants
Recommendation: Review and approve
3. Treasurer's Report - April 2022
Recommendation: Review and file
4. Approve Adoption and Waive Second Reading of an Ordinance Amending Gustine Municipal Code Section 4-66-030 Regarding Park Land Dedication and Fees
Recommendation: Approve adoption and waive second reading
ADMINISTRATIVE AGENDA
5. PUBLIC HEARING - Consider Resolution Adopting Public Facilities Impact Fee Nexus Study and Public Facilities Impact Fees
1. Receive Staff Report and presentation
2. Open the Public Hearing
3. Close the Public Hearing
4. Consider a motion to approve the resolution
6. PUBLIC HEARING - Consider Resolution Approving a Vesting Tentative Subdivision Map for Southeast Gustine Development and Consider Approval of Reimbursement Agreement Related to Southeast Gustine Master Plan
1. Receive Staff Report
2. Open the public hearing
3. Close the public hearing
4. Consider a motion to approve Resolution approving a vesting tentative subdivision map for Southeast Gustine development
5. Consider a motion to approve the Reimbursement Agreement related to the Southeast Gustine Master Plan
7. Consider Accepting the City Single Audit for Fiscal Year 20-21
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion declaring review and accepting the single audit for FY 20-21
8. Consider Introduction and Waiver of the First Reading of an Ordinance Amending Gustine Municipal Code Chapter 11-3 Relating to Solid Waste
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to introduce and waive the first reading of an ordinance amending Chapter 11-3 of the Gustine Municipal Code relating to Solid Waste
9. DISCUSSION & DIRECTION: SB1 Project List
1. Receive Staff Report
2. Receive Public Comment
3. Hold discussion and provide staff with direction
10. DISCUSSION & DIRECTION: City Manager Recruitment Process
1. Receive Staff Report
2. Receive Public Comment
3. Hold discussion and provide staff with direction
CITY DEPARTMENT REPORTS
CITY MANAGER REPORT
CITY COUNCIL REPORTS
CLOSED SESSION
ADJOURNMENT
In compliance with the Americans with Disabilities Act, a disabled person requesting a disability-related modification or accommodation to participate in this meeting, must contact City Hall at (209) 854-6471 or 209) 854-2127 (fax). Requests must be made as early as possible, preferably one-full business day before the start of
2. Any document provided to a majority of the City Council regarding any open session item on this agenda is available for public inspection during normal business hours at the front counter of City Hall located at 352 5TH Street, Gustine, CA. Documents or writings received after the general distribution of the agenda are also available for inspection.
CERTIFICATION
Melanie Correa, Deputy City Clerk, do hereby declare under penalty of perjury that the toregoing agenda was poste the Gustine City Hall, 352 5" Street, Gustine CA and made available for public review on this 1]th day of Mav, 2022, ‹ or before 5:00 p.m.
Melanie Correc
MINUTES OF
REGULAR MEETING
May 3, 2022
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:30 P.M.
ROLL CALL
Council Members: Brazil - Bonta - Ford - Mayor Nagy
Staff present: Interim City Manager Brad Kilger, Attorney Ann Siprelle, Police Chief Ruben Chavez, Public Works Director Jesus Chavez, Recreation Manager Tiffany Vitorino, Fire Chief Patrick Borrelli, Finance Director Jas Birring, City Engineer Mario Gouveia, Police Officer Kevin Roseen, and Administrative Services Director Melanie Correa
PRESENTATIONS
Mayor introduced Interim City Manager Brad Kilger. Mr. Kilger explained his priorities in keeping projects moving forward, and to assist staff with goals and any issues. He also advised that he would be helping Council find a permanent replacement, and will strive to ensure the transition is as smooth as possible.
PUBLIC COMMENT
Craig Christenson, inquired whether Tesla paid for using the airport for protocol testing.
He also extended a welcome to Interim City Manager Kilger.
Fire Chief Borrelli, 3259 Hwy 33, advised that he had spoken to Interim City Manager Kilger earlier in the day about the concerns he was about to relay. Fire Chief Borrelli shared the department's goals and responsibilities in serving the City and its residents.
Mr. Borrelli went on to state that on April 25th his department had begun checking water hydrants throughout town to ensure adequate pressure was attainable. It was discovered that many hydrants were not supplying adequate pressure as expected by the Fire Department. Through research, it was learned that the water system pressure was lowered, as a means to prevent infrastructure leaks. Chief Borrelli advised that the hydrant maintenance program was being neglected. He implored the City to look at adding personnel vital to ensuring the hydrant maintenance program is monitored and facilitated, or consider contracting with an outside agency.
Craig Christenson, commented that hydrant down street from his residence has been leaking.
Supervisor Lloyd Pareria, welcomed Interim City Manager Kilger and offered that the County is available to assist the City in any way during his transition into his new role.
Interim City Manager Kilger indicated that he had discussed Fire Chief Borrelli's concerns with Public Works Director Chavez. Mr. Kilger advised that he would report back to council.
Council member Bonta advised that Mayo Pro Tem Alexander was absent due to his attendance on One Voice delegation in Washington DC.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.
Are there any items on the consent calendar that any member of the public would like to comment on?
1. Minutes of the April 19, 2022 Special Meeting
Recommendation: Review and approve
Minutes of the April 19, 2022 Regular Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and approve
Approve Request for Use of City Streets and Services and Waive Fees for Annual 4'h of July Parade
Recommendation: Review and approve
5. Authorize Execution of Amendment #1 to Recreation Manager Employment Contract
Recommendation: Review and authorize execution
6. Approve Request for Use of City Streets and Services for Annual Gustine Pentecost Society Celebration
Recommendation: Review and approve
7. Approve Resolution Naming and Confirming Signatories on the City's Banking Accounts
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar. There was no public comment. Council member Brazil inquired information on warrants made out to Los Banos High School, to which Recreation Manager Vitorino provided information. Mayor Nagy advised that the parade route on consent calendar item #4 was amended to state that the parade would head north on 6'h Street, and terminate at Henry Miller Park. Council member Bonta made a motion to approve the consent calendar as amended. The motion was seconded by Council member Brazil and carried 4-0 with Mayor Pro Tem Alexander absent.
ADMINISTRATIVE AGENDA
8. Consider Resolution Adopting List of SB1 Funded Projects for FY 2022-2023
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
Finance Director Birring presented the staff report. There was no public comment.
Council member Ford inquired why projects were not allocated specific dollar amounts, and how did staff come to identify these projects. Finance Director Birring provided information. Council member Ford remarked that Hwy 33/SR 140 intersection was not a priority for this funding source. Mayor Nagy provided additional background on project list. There was a discussion related to identified projects. City Engineer Gouveia also provided information. Finance Director Birring provided information on the state's requirement to pre-approve resolutions prior to Council consideration. Interim City Manager Kilger advised he would consult with staff and bring this item back to Council at the first meeting in June.
9. Consider Resolution Calling for Election and Consolidating City's Municipal Election with Statewide General Election
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
Administrative Services Director Correa presented the staff report. Mrs. Correa also advised of a typographical error on the title of the resolution, which should read Mid- Term Election, instead of Presidential Election. There was no public comment. There was a brief discussion related to tie-breaking procedures. Council member Brazil made a motion to approve the resolution. The motion was seconded by Council member Ford and carried 4-0 with Mayor Pro Tem Alexander absent.
10. PUBLIC HEARING - Consider Introduction and Waiver of the First Reading of an Ordinance Amending Gustine Municipal Code Section 4-66-030 Regarding Park Land Dedication and Fees
1. Receive Staff Report
2. Open the public hearing
3. Receive public comment
4. Close the public hearing
5. Consider a motion to introduce and waive the first reading of an ordinance amending section 4-66-030 of the Gustine Municipal Code regarding Park and Land Dedication and Fees
City Attorney Siprelle presented the staff report. Mayor Nagy opened the public hearing at 7:00 P.M. There was no public comment. The public hearing was closed at 7:01 P.M. Council member Ford inquired whether Developers were given the option to dedicate land or pay in-lieu fees, to which City Attorney Siprelle provided information.
Council member Bonta made a motion to introduce and waive the first reading of an ordinance amending section 4-66-030 of the Gustine Municipal Code regarding Park and Land Dedication fees. The motion was seconded by Council member Ford and carried 4-0 with Alexander absent.
CITY DEPARTMENT REPORTS
Police Chief Chavez announced that today was Officer Roseen's birthday. He reported on a successful Tip Top Farms community event. Chief Chavez provided information on the major accident occurring at the intersection of Hwy 33/SR140. He expressed his honor to attend the candlelight vigil for Fallen Officers of California in Sacramento.
Chief Chavez advised that the Officer of the Year ceremony would be held on Wednesday, May 4th. He announced that Officer Erickson was selected as Gustine's Officer of the Year. Council member Ford inquired on drive-by shootings in Gustine within past 3-4 months, to which Police Chief Chavez provided information. Council member Brazil commended that CSO Gallardo was doing a great job. Mr. Brazil suggested that one of the new police cars be designated as an SRO car, with decals aligning with GUSD's graphics for recognition purposes.
Fire Chief Borrelli introduced CalFire Battalion Chief Joey Felix, and Captain Adam Kernaghan, and thanked them for their service to the Gustine station. Chief Borrelli updated on the department's recent driver/operator training course. He reported that the department would be participating in the National Burn Association "Fill the Boo" drive on May 28'h. Mayor Nagy welcomed Battalion Chief Felix and Captain Kernaghan, and commended department for their continued dedication to the City.
Council member Brazil commented that the City's priority should be to get the station to a 2-person staffing model, and suggested lobbying for state and county funding for assistance in achieving that goal.
Finance Director Birring advised that the City's CaPERS unfunded liability bond signing occurred on Monday and that closing was scheduled for Thursday. She reported that the first payment is due in October, and the second in April. She relayed that the bond is estimated to save the City $600K over its 20-year term. Mrs. Birring advised that she had met her quarterly reporting deadlines, and successfully submitted the ARPA report.
She shared that she was finalizing budget figures, and would discuss a date for a Budget Workshop with the Interim City Manager.
Public Works Director Chavez advised of his attendance at CA Rural Water Association Expo and Training. He reported that the department recently repaired a water leak on Ash Ave, which interrupted water service for a 2-hour period. He shared that he was assisting Mid-Valley Disposal with identifying location for bin staging area, and that the department would be staffing a Spring Collection event on Saturday May 7th. Mr.
Chavez advised that he has had discussions with Fire Chief Borrelli and Interim City Manager Kilger on hydrant concerns. Council member Ford inquired whether Mid- Valley would be continuing bulky-item pickup, to which Public Works Director Chavez provided information. Council member Ford also inquired whether Mid-Valley Disposal would continue e-waste collection events, to which Mayor Nagy provided information.
Council member Brazil inquired on status of staffing at the Wastewater Treatment Plant, to which Public Works Director Chavez provided information. Mayor inquired on sand filter installation at Well #7, to which Mr. Chavez provided information.
Recreation Manager Vitorino advised of upcoming clinics and classes, she also advised that Color Run sponsorships were coming in and that preparations were ongoing. She shared that Aqua Zumba was scheduled to start in June. Recreation Manager Vitorino advised that deadlines to sign up for Miss Gustine and Little Miss./Mr. pageant were drawing near. Mrs. Vitorino reminded Council that the City would be hosting a Lifeguard Certification training next week, and commended Public Works for keeping the pool in pristine condition. She shared that she was working with Chamber of Commerce and Gustine Pentecost Society on upcoming special events. Lastly, she advised that she was working with Backyard Market to coordinate 4th in the Park vendor booths.
Administrative Services Coordinator Correa advised that the recruitment for lifeguards was still open. She reported that the One Voice delegates had arrived safely in Washington D.C. Lastly, Mrs. Correa reported that the Gustine Community Foundation was in the final stages of being incorporated.
CITY MANAGER REPORT
Interim City Manager Kilger advised that Gustine has a lot going on. He thanked former manager, Doug Dunford, for compiling a list of projects and remarked that he is compiling his own list to ensure that priorities are in order and continuing in forward motion. He remarked that at their May 17th meeting, Council would be discussing the recruitment of a permanent City Manager.
CITY COUNCIL REPORTS
Council member Bonta welcomed Mr. Kilger, and complimented his communication style and work ethic.
Council member Ford welcomed Mr. Kilger, and remarked that it was nice to have the City Engineer in attendance.
Council member Brazil welcomed new CalFire staff to the community. He also welcomed Mr. Kilger and thanked him for commitment.
Mayor Nagy welcomed Interim City Manager Kilger, and welcomed the CalFire staff and thanked them and police personnel for their dedication to the City.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section usine Clerks As elationtor: City Manager: Employee organization: City of CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Public Works Association.
CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Police Officers Association.
Council returned to open session and it was advised that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:07 P.M.
City of Gustine, CA Warrant List
By Vendor Name
Post Dates 05/04/2022 - 05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: A PLUS PLUMBING, LLC
A PLUS PLUMBING, LLC 16274 05/17/2022 CITY HALL SEWER 546.50
BLOCKAGE
A PLUS PLUMBING, LLC 18304 05/17/2022 SEWER ISSUES REPAIR AT 1,890.00
WESTSIDE CHRISTIAN
A PLUS LUMBING, LLC 18795 05/17/2022 BATHROOM REPAIRS AT 125.00
SCHMIDT PARK
Vendor A PLUS PLUMBING, LLC Total: 2,561.50
Vendor: ACE HARDWARE OF GUSTINE
ACE HARDWARE OF GUSTI 510767 05/17/2022 PD VEHICLE REPAIR - TAPE 7.57 ACE HARDWARE OF GUSTI 510773 05/17/2022 PD VEHICLE REPAIR - 4.32 MOUNT
ACE HARDWARE OF GUSTI 510343 05/17/2022 PW DEPT OPP SUPPLIES- 15.03
MOUSE TRAPS, NUTS,
BOLTS
ACE HARDWARE OF GUSTI 510454 05/17/2022 PIPE FOGGER FOR 90.84
PESTICIDE
ACE HARDWARE OF GUSTI 510489 05/17/2022 PW TRUE-FUEL 4-CYCLE 24.89
FOR SMALL EQUIPMENT
ACE HARDWARE OF GUSTI 510503 05/17/2022 PW WWTP TOOLS-PLIERS 51.92 ACE HARDWARE OF GUSTI 510506 05/17/2022 PW MISC SUPPLIES- 30.27
CONCRETE
ACE HARDWARE OF GUSTI 510606 05/17/2022 PW DEPT OPP SUPPLIES- 8.62
IRRIGATION PARTS
ACE HARDWARE OF GUSTI 510638 05/17/2022 PW DEPT OPP SUPPLIES- 2.64
NUTS, BOLTS, WASHERS,
SCREWS
ACE HARDWARE OF GUSTI 510639 05/17/2022 PW SINGLE CUT KEY FOR 0.32 VEHICLE #1013
ACE HARDWARE OF GUSTI 510639 05/17/2022 PW SINGLE CUT KEY FOR 0.26 VEHICLE #1013
ACE HARDWARE OF GUSTI 510639 05/17/2022 PW SINGLE CUT KEY FOR 0.71 VEHICLE #1013
ACE HARDWARE OF GUSTI 510639 05/17/2022 PW SINGLE CUT KEY FOR 0.86 VEHICLE #1013
ACE HARDWARE OF GUSTI 510641 05/17/2022 PW DEPT OPP SUPPLIES- 15.11
BUILDING REPAIR TOOLS
ACE HARDWARE OF GUSTI 510654 05/17/2022 PW DEPT OP SUPPLIES- 30.15
IRRIGATION PARTS
ACE HARDWARE OF GUSTI 510655 05/17/2022 PW DEPT OPP SUPPLIES- 25.87
PARTS FOR IRRIGATION
ACE HARDWARE OF GUSTI 510948 05/17/2022 PW DEPT OPP SUPPLIES- 20.65
SPRINKLER REPAIR PARTS
ACE HARDWARE OF GUSTI 510971 05/17/2022 PW TRUE-FUEL 50:1 MIX 75.74
FOR CHAINSAWS
ACE HARDWARE OF GUSTI 510987 05/17/2022 PW DEPT OPP SUPPLIES- 20.65
SPRINKLER REPAIR PARTS
ACE HARDWARE OF GUSTI 511007 05/17/2022 PW WWTP SUPPLIES- 77.34
FLASHLIGHT, CABLE TIES,
MASKS
5/9/2022 3:20:57 PM Page 1 of 15
Warrant List Post Dates: 05/04/2022 - 05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount ACE HARDWARE OF GUSTI 511025 05/17/2022 PW MISC SUPPLIES- 12.97
MOUSE TRAPS
ACE HARDWARE OF GUSTI 511150 05/17/2022 PW TRUE-FUEL 50:1 MIX 49.77
FOR SMALL EQUIPMENT
ACE HARDWARE OF GUSTI 511232 05/17/2022 BUSHING FOR PVC PIPE 7.52 ACE HARDWARE OF GUSTI 511267 05/17/2022 PW WWTP SUPPLIES- 58.80
PLERS, CLAMP HOES
ACE HARDWARE OF GUSTI 511271 05/17/2022 INSECT SPRAY PESTICIDE 49.76 ACE HARDWARE OF GUSTI 511302 05/17/2022 PW DEPT OPP SUPPLIES- 25.72
REPAIR PARTS FOR MOWE
ACE HARDWARE OF GUSTI 511358 05/17/2022 PW WWTP SUPPLIES- 87.39
GLOVES, BATTERIES, TAPE
Vendor ACE HARDWARE OF GUSTINE Total: 795.69
Vendor: AGED TO PERFECTION
AGED TO PERFECTION 04/21/2022 05/17/2022 BUSINESS RELIEF 2022 2,500.00 Vendor AGED TO PERFECTION Total: 2,500.00
Vendor: AMAZON CAPITAL SERVICES, INC.
AMAZON CAPITAL SERVICE IJMW-DMJP-M7XJ 05/17/2022 REC OPERATING SUPPLIES 127.26 - PICKLEBALL RACKETS
AMAZON CAPITAL SERVICE 1K33-HQVV-L73X 05/17/2022 REC OP SUPPLIES - PICKLE 224.65
BALLS, RACKET, PADDLES
AMAZON CAPITAL SERVICE 1RWD-KT9N-XVND 05/17/2022 PD OFFICE SUPPLIES - 94.14
HARD DRIVE, USB, CUPS
AMAZON CAPITAL SERVICE 1WFW-CNF4-VVWG 05/17/2022 REC OPERATING SUPPLIES 113.22 - PICKLEBALL PADDLES
Vendor AMAZON CAPITAL SERVICES, INC. Total: 559.27
Vendor: ARAMARK UNIFORM SERVICES INC
ARAMARK UNIFORM SERV 504000208078 05/17/2022 PW DEPT OPP SUPPLIES- 4.41
MATS, MOPS, MASKS,
TOWELS
ARAMARK UNIFORM SERV 504000208078 05/17/2022 PW DEPT OPP SUPPLIES. 3.53
MATS, MOPS, MASKS,
TOWELS
ARAMARK UNIFORM SERV 504000208078 05/17/2022 PW DEPT OPP SUPPLIES- 9.70
MATS, MOPS, MASKS,
TOWELS
ARAMARK UNIFORM SERV 504000208078 05/17/2022 PW DEPT OPP SUPPLIES- 11.75
MATS, MOPS, MASKS,
TOWELS
ARAMARK UNIFORM SERV 504000210596 05/17/2022 PW DEPT OPP SUPPLIES- 23.16
MASK, TOWELS, MOP,
ARAMARK UNIFORM SERV 504000210596 05/17/2022 PW DEPT OPP SUPPLIES- 18.53
MASK, TOWELS, MOP,
ARAMARK UNIFORM SERV 504000210596 05/17/2022 PW DEPT OPP SUPPLIES- 50.95
MASK, TOWELS, MOP,
ARAMARK UNIFORM SERV 504000210596 05/17/2022 PW DEPT OPP SUPPLIES- 61.75
MASK, TOWELS, MOP,
Vendor ARAMARK UNIFORM SERVICES INC Total: 183.78
Vendor: AT&T CALNET 3
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 -04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 -04/16/2022
5/9/2022 3:20:57 PM Page 2 of 15
Warrant List Post Dates: 05/04/2022-05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 44.78 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022-04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.90 03/17/2022-04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.90 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.90 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 15.67 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 15.67 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069126 05/17/2022 TELEPHONE SERVICE 8.96 03/17/2022 -04/16/2022
AT&T CANET 3 000018069126 05/17/2022 TELEPHONE SERVICE 0.23 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 -04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 43.16 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.86 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.86 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.86 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 15.11 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 15.11 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 8.63 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069129 05/17/2022 TELEPHONE SERVICE 0.19 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.06 03/17/2022 - 04/16/2022
5/9/2022 3:20:57 PM Page 3 of 15
Warrant List Post Dates: 05/04/2022-05/17/2022
Vendor Name Payable Number Post Date - Description (Item) Amount AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.06 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.06 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.06 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 11.21 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.06 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.06 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.06 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.22 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 3.92 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 3.92 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 2.24 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069131 05/17/2022 TELEPHONE SERVICE 0.05 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.05 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.05 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.05 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.05 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 10.38 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.05 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.05 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.05 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.21 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.21 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.21 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 3.63 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 3.63 03/17/2022 - 04/16/2022
AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 2.08 03/17/2022 - 04/16/2022
5/9/2022 3:20:57 PM Page 4 of 15
Warrant List Post Dates: 05/04/2022 - 05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount AT&T CALNET 3 000018069132 05/17/2022 TELEPHONE SERVICE 0.05 03/17/2022 - 04/16/2022
Vendor AT&T CALNET 3 Total: 219.04
Vendor: BADGER METER INC.
BADGER METER INC. 80096261 05/17/2022 WATER METER MONTHLY 1,634.04
SUBSCRIPTION MARCH
2022
Vendor BADGER METER INC. Total: 1,634.04
Vendor: BAKER SUPPLIES AND REPAIRS
BAKER SUPPLIES AND REP 75456 05/17/2022 REPAIRS ON PARK 88.74
EQUIPMENT
BAKER SUPPLIES AND REP 75545 05/17/2022 POWER EDGER FOR PARKS 411.34 BAKER SUPPLIES AND REP 75551 05/17/2022 MOWER GRASS HOPPER 338.96
REPAIRS
BAKER SUPPLIES AND REP 75596 05/17/2022 PW MISC SUPPLES- 181.21 CHAINS
BAKER SUPPLIES AND REP 75760 05/17/2022 EQUIPMENT REPAIR & 286.36 PARTS
BAKER SUPPLIES AND REP 75767 05/17/2022 BEARING BALL FOR 119.70 MOWER
Vendor BAKER SUPPLIES AND REPAIRS Total: 1,426.31
Vendor: C.C.CONCRETE CONSTRUCTION
C.C.CONCRETE CONSTRUC 192151 05/17/2022 TOOK DOWN BROKEN 400.00
AIRPORT DOORS
Vendor C.C.CONCRETE CONSTRUCTION Total: 400.00
Vendor: CALIFORNIA BUILDING STANDARDS COMMI
CALIFORNIA BUILDING STA QTR JAN - MARCH 2022 05/17/2022 SB 1473 FEE QTR JAN - 53.10 MARCH 2022
Vendor CALIFORNIA BUILDING STANDARDS COMMI Total: 53.10 Vendor: CENTRAL SANITARY SUPPLY
CENTRAL SANITARY SUPPL 1239660 05/17/2022 REC - JANITORIAL 358.11
SUPPLIES FOR FACILITIES
CENTRAL SANITARY SUPPL 1239660 05/17/2022 REC - JANITORIAL 358.12
SUPPLIES FOR FACILITIES
CENTRAL SANITARY SUPPL 1239673 05/17/2022 REC - JANITORIAL 38.79
SUPPLIES FOR FACILITIES
Vendor CENTRAL SANITARY SUPPLY Total: 755.02
Vendor: CINTAS CORPORATION #3
CINTAS CORPORATION #3 4117622871 05/17/2022 PW UNIFORM 23.44
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4117622871 05/17/2022 PW UNIFORM 23.44
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4117622871 05/17/2022 PW UNIFORM 5.00
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4117622871 05/17/2022 PW UNIFORM 10.00
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4117622871 05/17/2022 PW UNIFORM 8.80
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4117622871 05/17/2022 PW UNIFORM 24.71
ALLOWANCE / CUSTODIAL
SUPPLIES
5/9/2022 3:20:57 PM Page 5 of 15
Warrant List Post Dates: 05/04/2022 -05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount CINTAS CORPORATION #3 4117622871 05/17/2022 PW UNIFORM 32.31
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4117622871 05/17/2022 PW UNIFORM 28.04
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4117622871 05/17/2022 PW UNIFORM 72.80
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4117622871 05/17/2022 PW UNIFORM 16.67
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4118311790 05/17/2022 PW UNIFORM 14.03
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4118311790 05/17/2022 PW UNIFORM 14.03
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4118311790 05/17/2022 PW UNIFORM 5.60
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4118311790 05/17/2022 PW UNIFORM 11.93
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4118311790 05/17/2022 PW UNIFORM 10.53
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4118311790 05/17/2022 PW UNIFORM 28.36
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4118311790 05/17/2022 PW UNIFORM 44.08
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4118311790 05/17/2022 PW UNIFORM 32.07
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4118311790 05/17/2022 PW UNIFORM 95.25
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4118311790 05/17/2022 PW UNIFORM 18.66
ALLOWANCE / CUSTODIAL
SUPPLIES
Vendor CINTAS CORPORATION #3 Total: 519.75
Vendor: DEPT OF CONSERVATION
DEPT OF CONSERVATION QRT JAN - MARCH 2022 05/17/2022 PLANNING DEPT SEISMIC 62.14 FEE QTR JAN - MARCH 202
Vendor DEPT OF CONSERVATION Total: 62.14
Vendor: E & M ELECTRIC, INC
E & M ELECTRIC, INC 3214 05/17/2022 REPLACED PHOTO EYE ON 436.10
A TOWN LIGHT
Vendor E & M ELECTRIC, INC Total: 436.10
Vendor: FAR WEST LABORATORIES, INC.
FAR WEST LABORATORIES, 102869 05/17/2022 DRINKING WATER LAB 476.00
SAMPLES
Vendor FAR WEST LABORATORIES, INC. Total: 476.00
5/9/2022 3:20:57 PM Page 6 of 15
Warrant List Post Dates: 05/04/2022 -05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: FRANCISCO MARTINEZ
FRANCISCO MARTINEZ 04/23/2022 05/17/2022 PD #503 - LIGHT BAR 56.20
CONTROL PAD
Vendor FRANCISCO MARTINEZ Total: 56.20
Vendor: GILTON SOLID WASTE MANAGEMENT INC
GILTON SOLID WASTE MA MAY 2022 05/17/2022 REFUSE SERVICES MAY 42,321.23 2022
Vendor GILTON SOLID WASTE MANAGEMENT INC Total: 42,321.23 Vendor: GUSTINE DEPOT GARAGE, LIC
GUSTINE DEPOT GARAGE, 0028554 05/17/2022 PD #152 TIRE BALANCE 571.34 GUSTINE DEPOT GARAGE, 0028557 05/17/2022 PD #071 R&R REAR SHOCK 384.86 &/OR STRUT ASSEMBLY
GUSTINE DEPOT GARAGE, 0028563 05/17/2022 PW #1066 TOOL BOX 14.85 REPAIR
GUSTINE DEPOT GARAGE, 0028563 05/17/2022 PW #1066 TOOL BOX 11.88 REPAIR
GUSTINE DEPOT GARAGE, 0028563 05/17/2022 PW #1066 TOOL BOX 32.67 REPAIR
GUSTINE DEPOT GARAGE, 0028563 05/17/2022 PW #1066 TOOL BOX 39.60 REPAIR
GUSTINE DEPOT GARAGE, 0028609 05/17/2022 PW #1064 A/C ISSUES 20.68 REPAIR
GUSTINE DEPOT GARAGE, 0028609 05/17/2022 PW #1064 A/C ISSUES 16.55 REPAIR
GUSTINE DEPOT GARAGE, 0028609 05/17/2022 PW #1064 A/C ISSUES 45.50 REPAIR
GUSTINE DEPOT GARAGE, 0028609 05/17/2022 PW #1064 A/C ISSUES 55.16 REPAIR
GUSTINE DEPOT GARAGE, 0028688 05/17/2022 PW #1070 TRAILER 68.03
WIRING REPAIR
GUSTINE DEPOT GARAGE, 0028688 05/17/2022 PW #1070 TRAILER 54.42
WIRING REPAIR
GUSTINE DEPOT GARAGE, 0028688 05/17/2022 PW #1070 TRAILER 149.66
WIRING REPAIR
GUSTINE DEPOT GARAGE, 0028688 05/17/2022 PW #1070 TRAILER 181.41
WIRING REPAIR
Vendor GUSTINE DEPOT GARAGE, LLC Total: 1,646.61
Vendor: HARRIS & ASSOCIATES, INC
HARRIS & ASSOCIATES, IN 52225 05/17/2022 PUBLIC FACILITIES IMPACT 13,607.50 FEE UPDATE FEB 27 - APR
Vendor HARRIS & ASSOCIATES, INC Total: 13,607.50
Vendor: JEH-JL ANALYTICAL
IEH-JL ANALYTICAL 562948 05/17/2022 WWTP WATER SAMPLES 1,818.00 3/29/2022
IEH-JL ANALYTICAL 564457 05/17/2022 WWTP WATER SAMPLES 172.50 4/14/2022
Vendor IEH-JL ANALYTICAL Total: 1,990.50
Vendor: INFOSEND BILLING
INFOSEND BILLING 211238 05/17/2022 WATER CUSTOMER 662.47
CONFIDENCE REPORT
2021 MAILING
INFOSEND BILLING 211239 05/17/2022 REC-COLOR RUN FLYER 288.15
MAILING
Vendor INFOSEND BILLING Total: 950.62
5/9/2022 3:20:57 PM Page 7 of 15
Warrant List Post Dates: 05/04/2022 -05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: IRRIGATION DESIGN & CONSTRUCTION ULC
IRRIGATION DESIGN & CO0359817-IN 05/17/2022 PW DEPT OPP SUPPLIES- 80.10
PARTS FOR PARKS
Vendor IRRIGATION DESIGN & CONSTRUCTION LLC Total: 80.10 Vendor: LAW & ASSOCIATES INVESTIGATIONS
LAW & ASSOCIATES INVES 22-170 05/17/2022 PD - BACKGROUND 800.00
RESERVE BACKGROUNDS
Vendor LAW & ASSOCIATES INVESTIGATIONS Total: 800.00
Vendor: MARTIN L. CARVER
MARTIN L. CARVER -1699 05/17/2022 HCD ANNUAL PROGRESS 113.91 REPORT
MARTIN L. CARVER 1699 05/17/2022 HCD ANNUAL PROGRESS 113.91 REPORT
MARTIN L. CARVER 1699 05/17/2022 HCD ANNUAL PROGRESS 113.91 REPORT
MARTIN L. CARVER 1699 05/17/2022 HCD ANNUAL PROGRESS 113.91 REPORT
MARTIN L. CARVER 1699 05/17/2022 HCD ANNUAL PROGRESS 113.91 REPORT
MARTIN L. CARVER 1699 05/17/2022 HCD ANNUAL PROGRESS 113.91 REPORT
MARTIN L. CARVER 1699 05/17/2022 HCD ANNUAL PROGRESS 113.91 REPORT
MARTIN L. CARVER 1699 05/17/2022 HCD ANNUAL PROGRESS 113.88 REPORT
Vendor MARTIN L. CARVER Total: 911.25
Vendor: O'REILLY AUTO ENTERPRISES, LLC
O'REILLY AUTO ENTERPRIS 5718-294925 05/17/2022 PW DEPT OPP SUPPLIES- 4.87
TOOLS SET FOR VEHICLES
O'REILLY AUTO ENTERPRIS 5718-294925 05/17/2022 PW DEPT OPP SUPPLIES- 3.90
TOOLS SET FOR VEHICLES
O'REILLY AUTO ENTERPRIS 5718-294925 05/17/2022 PW DEPT OPP SUPPLIES- 10.71
TOOLS SET FOR VEHICLES
O'REILLY AUTO ENTERPRIS 5718-294925 05/17/2022 PW DEPT OPP SUPPLIES- 12.98
TOOLS SET FOR VEHICLES
O'REILLY AUTO ENTERPRIS 5718-294951 05/17/2022 AIR TOOL OIL-4 OUNCES 0.78 O'REILLY AUTO ENTERPRIS 5718-294951 05/17/2022 AIR TOOL OIL- 4 OUNCES 0.62 O'REILLY AUTO ENTERPRIS 5718-294951 05/17/2022 AIR TOOL OIL- 4 OUNCES 1.71 O'REILLY AUTO ENTERPRIS 5718-294951 05/17/2022 AIR TOOL OIL- 4 OUNCES 2.08 O'REILLY AUTO ENTERPRIS 5718-295472 05/17/2022 PW #1072 LICENSE PLATE 12.85
HARDWARE/ OIL
O'REILLY AUTO ENTERPRIS 5718-295472 05/17/2022 PW #1072 LICENSE PLATE 10.28
HARDWARE/ OIL
O'REILLY AUTO ENTERPRIS 5718-295472 05/17/2022 PW #1072 LICENSE PLATE 28.28
HARDWARE/ OIL
O'REILLY AUTO ENTERPRIS 5718-295472 05/17/2022 PW #1072 LICENSE PLATE 34.28
HARDWARE/ OIL
Vendor O'REILLY AUTO ENTERPRISES, LLC Total: 123.34
Vendor: PG&E
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 867.16
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 313.45
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 74.05
03/22/2022 - 04/20/2022
5/9/2022 3:20:57 PM Page 8 of 15
Warrant List Post Dates: 05/04/2022 -05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 432.33
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 68.20
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 31.30
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 24.42
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 1,992.06
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 4,841.58
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 23.82
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 6,815.86
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 3,282.88
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 226.36
03/22/2022 - 04/20/2022
PG&E 04/24/2022 05/17/2022 GAS AND ELECTRIC 204.89
03/22/2022 - 04/20/2022
Vendor PG&E Total: 19,198.36
Vendor: SAN JOAQUIN VALLEY UNIFIED AIR POLL
SAN JOAQUIN VALLEY UNI N151025 05/17/2022 WATER GENERATOR 143.00 PERMIT
Vendor SAN JOAQUIN VALLEY UNIFIED AIR POLL Total: 143.00 Vendor: SCHNEIDER ELECTRIC BUILDINGS AMERICANS, INC
SCHNEIDER ELECTRIC BUIL PC20P0175 APP 6 05/17/2022 WATER METER PROJECT 339,048.15 APP #6
Vendor SCHNEIDER ELECTRIC BUILDINGS AMERICANS, INC Total: 339,048.15 Vendor: SHI INTERNATIONAL CORP
SHI INTERNATIONAL CORP B15096718 05/17/2022 PD NET MOTION LICENSES 416.50 03/31/22 - 08/19/22
Vendor SHI INTERNATIONAL CORP Total: 416.50
Vendor: SUPERIOR LABELS
SUPERIOR LABELS 1559194 05/17/2022 OFFICE SUPPLIES - AP 32.69 STAMP
SUPERIOR LABELS 1559194 05/17/2022 OFFICE SUPPLIES - AP 32.68 STAMP
Vendor SUPERIOR LABELS Total: 65.37
Vendor: T-MOBILE USA, INC
T-MOBILE USA, INC 03/21/22 - 04/20/22 05/17/2022 TELEPHONE SERVICE 1.83 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 - 04/20/22 05/17/2022 TELEPHONE SERVICE 1.83 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 - 04/20/22 05/17/2022 TELEPHONE SERVICE 1.83 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 - 04/20/22 05/17/2022 TELEPHONE SERVICE 1.83 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 - 04/20/22 05/17/2022 TELEPHONE SERVICE 340.83 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 - 04/20/22 05/17/2022 TELEPHONE SERVICE 1.83 03/21/22 - 04/20/22
5/9/2022 3:20:57 PM Page 9 of 15
Warrant List Post Dates: 05/04/2022 -05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount T-MOBILE USA, INC 03/21/22 -04/20/22 05/17/2022 TELEPHONE SERVICE 1.83 03/21/22 -04/20/22
T-MOBILE USA, INC 03/21/22 -04/20/22 05/17/2022 TELEPHONE SERVICE 1.83 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 - 04/20/22 05/17/2022 TELEPHONE SERVICE 7.31 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 -04/20/22 05/17/2022 TELEPHONE SERVICE 7.31 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 -04/20/22 05/17/2022 TELEPHONE SERVICE 7.31 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 -04/20/22 05/17/2022 TELEPHONE SERVICE 127.96 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 -04/20/22 05/17/2022 TELEPHONE SERVICE 127.96 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22-04/20/22 05/17/2022 TELEPHONE SERVICE 73.12 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22 - 04/20/22 05/17/2022 TELEPHONE SERVICE 1.83 03/21/22 - 04/20/22
T-MOBILE USA, INC 03/21/22-04/20/22 05/17/2022 TELEPHONE SERVICE 24.78 03/21/22 -04/20/22
Vendor T-MOBILE USA, INC Total: 731.22
Vendor: TODD R. DRAKE
TODD R. DRAKE 32480 05/17/2022 ANNUAL AERIAL 195.04
CERTIFICATION TRUCK
INSPECTION
TODD R. DRAKE 32480 05/17/2022 ANNUAL AERIAL 194.98
CERTIFICATION TRUCK
INSPECTION
TODD R. DRAKE 32480 05/17/2022 ANNUAL AERIAL 194.98
CERTIFICATION TRUCK
INSPECTION
Vendor TODD R. DRAKE Total: 585.00
Vendor: TRI COUNTIES BANK CARDMEMBER SERVICES
TRI COUNTIES BANK CARD 03/30/2022 JC TRI COUNTI 05/17/2022 JC CC FINANCE PAYMENT -3.34
REVERSE
TRI COUNTIES BANK CARD 04/01/2022 JC TWILIO 05/17/2022 SCADA SERVICE FOR 10.00
WATER WELLS
TRI COUNTIES BANK CARD 04/05/2022 MC DMV (3) 05/17/2022 DMV TITLE TRANSFER FEE 0.53 TRI COUNTIES BANK CARD 04/12/2022 JC HOME DEP 05/17/2022 EDGER FOR THE PARKS 453.57 TRI COUNTIES BANK CARD 04/14/2022 JC NORTHER T 05/17/2022 SPRAY TRAILER FOR WEED 7,394.08 TRI COUNTIES BANK CARD 03/30/2022 DD TRI COUN 05/17/2022 DD CC FINANCE CHARGE -13.78
REVERSAL
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 1.81 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 1.81 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 1.81 04/01/2022 -04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 1.81 04/01/2022 -04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 362.38 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 1.81 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 1.81 04/01/2022 -04/30/2022
5/9/2022 3:20:57 PM Page 10 of 15
Warrant List Post Dates: 05/04/2022 - 05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 1.81 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 7.25 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD • 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 7.25 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 7.25 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 126.83 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 126.83 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 72.48 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/01/2022 DD GOTO CO 05/17/2022 TELEPHONE SERVICE 1.81 04/01/2022 - 04/30/2022
TRI COUNTIES BANK CARD 04/19/2022 DD ELIKA ACC 05/17/2022 AIRPORT GATE OPENER 43.25
CARD READER
TRI COUNTIES BANK CARD 04/11/2022 JC PESTICIDE 05/17/2022 PARK PESTICIDE 290.00
MEMBERSHIP AND
EDUCATION HOURS
TRI COUNTIES BANK CARD 04/21/2022 JC IONOS 05/17/2022 WATER CLOUD SERVER 40.17 FEE 04/22/2022 - 05/22/2
TRI COUNTIES BANK CARD 03/30/2022 MC TRI COUN 05/17/2022 MC CC FINANCE CHARGE -6.06
REVERSAL
TRI COUNTIES BANK CARD 04/04/2022 MC MCCLELL 05/17/2022 INSURANCE-LIBRARY 100.44
ROOM RENTAL EVENT
04/08/2022
TRI COUNTIES BANK CARD 04/05/2022 MC DMV (1) 05/17/2022 DMV TITLE TRANSFER FEE 205.00 TRI COUNTIES BANK CARD 04/05/2022 MC DMV (2) 05/17/2022 DMV TITLE TRANSFER FEE 23.00 TRI COUNTIES BANK CARD 04/05/2022 MC DMV (4) 05/17/2022 DMV TITLE TRANSFER FEE 4.72 TRI COUNTIES BANK CARD 04/12/2022 MC MCCLELL 05/17/2022 INSURANCE-AL GOMAN 127.09
CENTER RENTAL EVENT
04/15/2022
TRI COUNTIES BANK CARD 04/12/2022 MC MCCLELL 05/17/2022 INSURANCE- HENRY 65.25 MILLER RENTAL EVENT 04/
TRI COUNTIES BANK CARD 04/19/2022 MC NOB HILL 05/17/2022 SPECIAL MEETING 33.98
REFRESHMENTS
TRI COUNTIES BANK CARD 04/22/2022 MC SURVEY 05/17/2022 ANNUAL SURVEY MONKEY 384.00
SUBSCRIPTION
TRI COUNTIES BANK CARD 04/25/2022 MC MCCLELL 05/17/2022 INSURANCE-AL GOMAN 148.41
CENTER RENTAL EVENT
04/28/2022
TRI COUNTIES BANK CARD 04/25/2022 MC MCCLELL 05/17/2022 INSURANCE-PETERSON 129.22
SHELTER RENTAL EVENT
04/30/2022
TRI COUNTIES BANK CARD 04/25/2022 MC MCCLELL 05/17/2022 INSURANCE- AL GOMAN 129.22
CENTER RENTAL EVENT
04/30/2022
TRI COUNTIES BANK CARD 04/29/2022 MC SNHU.ED 05/17/2022 EDUCATIONAL MATERIAL- 21.74
INTRO TO INFORMATION
SYSTEM
TRI COUNTIES BANK CARD 04/29/2022 MC SNHU.ED 05/17/2022 EDUCATIONAL MATERIAL- 3.88
INTRO TO INFORMATION
SYSTEM
5/9/2022 3:20:57 PM Page 11 of 15
Warrant List Post Dates: 05/04/2022 -05/17/2022
Vendor Name Payable Number Post Date Description (Item) Amount TRI COUNTIES BANK CARD 04/29/2022 MC SNHU.ED 05/17/2022 EDUCATIONAL MATERIAL- 9.32
INTRO TO INFORMATION
SYSTEM
TRI COUNTIES BANK CARD 04/29/2022 MC SNHU.ED 05/17/2022 EDUCATIONAL MATERIAL- 1,55
INTRO TO INFORMATION
SYSTEM
TRI COUNTIES BANK CARD 04/29/2022 MC SNHU.ED 05/17/2022 EDUCATIONAL MATERIAL- 15.53
INTRO TO INFORMATION
SYSTEM,
TRI COUNTIES BANK CARD 04/29/2022 MC SNHU.ED 05/17/2022 EDUCATIONAL MATERIAL- 19.40
INTRO TO INFORMATION
TRI COUNTIES BANK CARD 04/29/2022 MC SNHU.ED 05/17/2022 EDUCATIONAL MATERIAL- 2.33
INTRO TO INFORMATION
SYSTEM
TRI COUNTIES BANK CARD 04/29/2022 MC SNHU.ED 05/17/2022 EDUCATIONAL MATERIAL- 3.88
INTRO TO INFORMATION
SYSTEM
TRI COUNTIES BANK CARD 04/28/2022 SJ PIZZA FACT 05/17/2022 DEPARTMENT TRAINING/ 89.01
MEETING
TRI COUNTIES BANK CARD 03/30/2022 SJ AMAZON 05/17/2022 SAFETY EQUIPMENT FOR 22.62
OFFICER MARTINEZ
TRI COUNTIES BANK CARD 04/13/2022 SJ DOLLAR GE 05/17/2022 DISPATCHER 27.26
APPRECIATION WEEK
TRI COUNTIES BANK CARD 04/13/2022 SJ STARBUCKS 05/17/2022 DISPATCHER 80.00
APPRECIATION WEEK
TRI COUNTIES BANK CARD 3/30/2022 SJ TRI COUINTI 05/17/2022 SJ CC FINANCE CHARGE -21.37
REVERSAL
Vendor TRI COUNTIES BANK CARDMEMBER SERVICES Total: 10,558.65 Vendor: VAN DE POL ENTERPRISES
VAN DE POL ENTERPRISES CL24420 05/17/2022 FUEL PD/PW VEHICLE 83.01 VAN DE POL ENTERPRISES CL24420 05/17/2022 FUEL PD/PW VEHICLE 2,679.46 VAN DE POL ENTERPRISES CL24420 05/17/2022 FUEL PD/PW VEHICLE 211.29 VAN DE POL ENTERPRISES CL24420 05/17/2022 FUEL PD/PW VEHICLE 45.28 VAN DE POL ENTERPRISES CL24420 05/17/2022 FUEL PD/PW VEHICLE 221.10 VAN DE POL ENTERPRISES CL24420 05/17/2022 FUEL PD/PW VEHICLE 221.85 Vendor VAN DE POL ENTERPRISES Total: 3,461.99
Vendor: WINDECKER, INC
WINDECKER, INC 263946 05/17/2022 RED DIESEL FOR OFF 343.79
ROAD EQUIPMENT
WINDECKER, INC 263946 05/17/2022 RED DIESEL FOR OFF 343.79
ROAD EQUIPMENT
WINDECKER, INC 263946 05/17/2022 RED DIESEL FOR OFF 343.79
ROAD EQUIPMENT
Vendor WINDECKER, INC Total: 1,031.37
Grand Total: 450,308.70
5/9/2022 3:20:57 PM Page 12 of 15
Warrant List Post Dates: 05/04/2022 - 05/17/2022
Report Summary
Fund Summary
Fund Payment Amount
001 - GENERAL FUND 12,161.06
009 - COMMUNITY CENTER FUND 610.58
016 - SWIM POOL FUND 2,012.69
017 - CITY WIDE LIGHTING & LAND 5,750.95
019 - RECREATION FUND 1,187.17
021 - REGIONAL STREET TRANSPORTATION PROGRAM 1.55
O59-STORM DRAIN 139.30
060 - WATER FUND 11,632.10
061 - SEWER FUND 16,613.05
062 - REFUSE 42,526.40
063 - AIRPORT FUND 677.65
074 - ASSESS - BORRELLI 204.89
093 - INSURANCE TRUST FUND (RENTAL) 699.63
094 - SALE OF TOWN PROPERTIES 13,607.50
101 - GENERAL GOVERNMENT IMPACT FEES 113.91
102 - POLICE IMPACT FEES 113.91
103 - FIRE IMPACT FEES 113.91
104 - PARKS IMPACT FEE 113.91
105 - STORM DRAIN IMPACT FEES 113.91
106 - WATER IMPACT FEES 113.91
107 - SEWER IMPACT FEES 113.91
108 - REGIONAL TRANSPORTATION IMPACT FEES 113.88
400 - WATER METER GRANT 339,048.15
403 - AMERICAN RESCUE PLAN ACT FUND (ARPA) 2,500.00
505 - CAL VIP GRANT 24.78
Grand Total: 450,308.70
Account Summary
Account Number Account Name Payment Amount
001-0110-530.091-00 MEETINGS & TRAINING 33.98
001-0120-530.011-00 TELEPHONE & INTERNET 4.19
001-0140-530.011-00 TELEPHONE & INTERNET 4.19
001-0142-530.011-00 TELEPHONE & INTERNET 4.19
001-0142-530.240-00 PROFESSIONAL DEVELO 21.74
001-0150-520.010-00 DEPT OPERATING SUPPL 424.90
001-0150-520.011-00 UNIFORM ALLOWANCE 37.47
001-0150-520.040-00 FUEL 83.01
001-0150-530.011-00 TELEPHONE & INTERNET 4.19
001-0150-530.060-00 ELECTRIC 867.16
001-0150-530.062-00 GAS 313.45
001-0150-530.072-00 OTHER EQUIPMENT REP 561.61
001-0210-520.000-00 OFFICE SUPPLIES 94.14
001-0210-520.012-00 K-9 EXPENSES 22.62
001-0210-520.030-00 MOTOR VEHICLE EXPEN 1,257.54
001-0210-520.040-00 FUEL 2,679.46
001-0210-530.011-00 TELEPHONE & INTERNET 812.74
001-0210-530.060-00 ELECTRIC 74.05
001-0210-530.091-00 MEETINGS & TRAINING - 196.27
001-0210-530.201-00 OTHER CONTRACT SERVI 800.00
001-0210-540.038-00 TECHNOLOGY PURCH/R 416.50
001-0220-530.060-00 ELECTRIC 432.33
001-0220-530.062-00 GAS 68.20
001-0410-530.009-00 OTHER PROFESSIONAL S 115.24
001-0410-530.011-00 TELEPHONE 4.19
001-0460-530.011-00 TELEPHONE 4.19
001-0610-520.010-00 DEPT OPERATING SUPPL 754.27
001-0610-520.011-00 UNIFORM ALLOWANCE 10.60
5/9/2022 3:20:57 PM Page 13 of 15
Warrant List Post Dates: 05/04/2022 - 05/17/2022
Account Summary
Account Number Account Name Payment Amount
001-0610-520.030-00 MOTOR VEHICLE EXPEN 122.38
001-0610-530.011-00 TELEPHONE 4.19
001-0610-530.060-00 ELECTRIC 31.30
001-0610-530.072-00 OTHER EQUIPMENT REP 986.10
001-0610-540.011-00 BUILDINGS 49.76
001-0610-540.030-00 MACHINERY & EQUIPME 864,91
009-0150-520.010-00 DEPT OPERATING SUPPL 358.12
009-0150-520.040-00 FUEL 211.29
009-0150-530.011-00 TELEPHONE 16.75
009-0150-530.060-00 ELECTRIC 24.42
016-0613-530.011-00 TELEPHONE 16.75
016-0613-530.060-00 ELECTRIC 1,992.06
016-0613-530.240-00 PROFESSIONAL DEVELO 3.88
017-0260-530.060-00 ELECTRIC 4,841.58
017-0610-520.010-00 DEPT OPERATING SUPPL 436.10
017-0610-520.011-00 UNIFORM ALLOWANCE 21.93
017-0610-520.040-00 FUEL 45.28
017-0610-530.072-00 OTHER EQUIPMENT REP 406.06
019-0142-530.240-00 PROFESSIONAL DEVELO 9.32
019-0613-520.010-00 DEPT OPERATING SUPPL 465.13
019-0613-530.011-00 TELEPHONE 16.75
019-0613-530.030-00 ADVERTISING 288.15
019-0613-530.060-00 ELECTRIC 23.82
019-0613-530,090-00 MEMBERSHIPS/SUBSCRI 384.00
021-0142-530.240-00 PROFESSIONAL DEVELO 1.55
059-0730-520.010-00 DEPT OPERATING SUPPL 41.39
059-0730-520.030-00 MOTOR VEHICLE EXPEN 97.91
060-0140-530.090-00 MEMBERSHIPS/SUBSCRI 290.00
060-0142-530.240-00 PROFESSIONAL DEVELO 15.53
060-0710-520.010-00 DEPT OPERATING SUPPL 685.18
060-0710-520.011-00 UNIFORM ALLOWANCE 76.39
060-0710-520.030-00 MOTOR VEHICLE EXPEN 269.24
060-0710-520.040-00 FUEL 221.10
060-0710-530.011-00 TELEPHONE 293.12
060-0710-530.060-00 ELECTRIC 6,815.86
060-0710-530.094-00 LICENSES & PERMIT FEE 143.00
060-0710-530.201-00 OTHER CONTRACT SERVI 2,822.68
061-0140-530.092-00 BANK COSTS -44.55
061-0140-530.201-00 OTHER CONTRACT SERVI 172.50
061-0142-530.240-00 PROFESSIONAL DEVELO 19.40
061-0520-520.010-00 DEPT OPERATING SUPPL 1,019.43
061-0520-520.011-00 UNIFORM ALLOWANCE 168.05
061-0520-520.030-00 MOTOR VEHICLE EXPEN 326.37
061-0520-520.040-00 FUEL 221.85
061-0520-530.011-00 TELEPHONE 293.12
061-0520-530.060-00 ELECTRIC 3,282.88
061-0520-530.072-00 OTHER EQUIPMENT REP 51.92
061-0520-530.201-00 OTHER CONTRACT SERVI 3,708.00
061-0520-540.030-00 MACHINERY & EQUIPME 7,394.08
062-0142-530.240-00 PROFESSIONAL DEVELO 2.33
062-0510-520.011-00 UNIFORM ALLOWANCE 35.33
062-0510-530.009-00 OTHER PROFESSIONALS 42,321.23
062-0510-530.011-00 TELEPHONE & INTERNET 167.51
063-0142-530.240-00 PROFESSIONAL DEVELO 3.88
063-0340-530.009-00 OTHER PROFESSIONALS 400.00
063-0340-530.011-00 TELEPHONE 4.16
063-0340-530.060-00 ELECTRIC 226.36
063-0340-530.201-00 OTHER CONTRACT SERVI 43.25
5/9/2022 3:20:57 PM Page 14 of 15
Warrant Ust Post Dates: 05/04/2022 - 05/17/2022
Account Summary
Account Number Account Name Payment Amount
074-0610-530.060-00 ELECTRIC 204.89
093-0000-220.070 INSURANCE TRUST 699.63
094-0141-530.201-00 OTHER CONTRACT SERVI 13,607.50
101-0140-530.009-00 OTHER PROFESSIONALS 113.91
102-0210-530.009-00 OTHER PROFESSIONALS 113.91
103-0220-530.009-00 OTHER PROFESSIONALS 113.91
104-0610-530.009-00 OTHER PROFESSIONALS 113.91
105-0730-530.009-00 OTHER PROFESSIONAL S 113.91
106-0710-530.009-00 OTHER PROFESSIONALS 113.91
107-0520-530.009-00 OTHER PROFESSIONAL S 113.91
108-0310-530.009-00 OTHER PROFESSIONALS 113.88
400-0710-530.009-00 CONTRACT SERVICES 339,048.15
403-0000-530.010-00 BUSINESS GRANTS 2,500.00
505-0210-520.040-00 TELEPHONE EXPENSE 24.78
Grand Total: 450,308.70
Project Account Summary
Project Account Key Payment Amount
**None** 108,735.77
2020-21-178 339,048.15
ARPA 2,500.00
CAL VIP GRANT EXPENSE 24.78
Grand Total: 450,308.70
5/9/2022 3:20:57 PM Page 15 of 15
HE CITY CALIFO
TREASURER'S REPORT
Period Ending April 30, 2022
Beg. Period End Period
Accounts Deposits Expense
Balance Balance
State of California LAIF 5,094,757 4,015 5,098,772
General Checking Account 2,945,260 640,015 (930,512) 2,654,762 Payroll Account 203,760 164,446 (205,037) 163,169
Total Cash and Investments $8.243.777 S808,476 $ (1,135,550) $7.916.703 (The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.
Prepared by:
ITEM NO. 4
COUNCIL AGENDA ITEM
MAY 17, 2022
PREPARED By: Brad Kilger, Interim City Manager
Ann Siprelle, City Attorney
SUBJECT: Ordinance Amending Gustine Municipal Code Section 4-66-030 Park Land Dedication and Fees
BACKGROUND/DISCUSSION
At their regular meeting on May 3, 2022, Council approved waiving the first reading and introduced this proposed ordinance amendment. The process for approving amendments to the Municipal and Zoning Codes requires that the item be presented to Council twice before being officially adopted. This presentation would be the second in the formal adoption process.
Gustine Municipal Code Section 4-66-030 provides for the dedication of land and/or the payment of fees to the City for park and recreational purposes as a condition of the approval of a Tentative Map. This Section is authorized by Section 66477 of the California Government Code, commonly known as the "Quimby Act." The proposed amendment would make the land dedication requirement consistent with the Quimby Act-currently Section 4-66-030 requires six acres per 1,000 persons residing in the City, but the Quimby Act authorizes dedication of no more than five acres per 1,000 persons. (Government Code Section 66477(a) (2).) The proposed amendment would also remove the references to a "negotiation" or "calculation" of the in-lieu fee and refer instead to the park in-lieu fee proposed as part of the Public Facilities Impact Fee Update.
Those proposed fees are summarized in the table below:
Table 1.3: Summary of Parkland Acquisition In-Lieu Fees Land I'se Total
Residential (Fee per Dwelling Unn!
Single Family' $3,182
Muti-Family? $2,961
Single famili assumes 3 03 persons per chelling unis.
: Multi-family assumes 283 persons per dwelling unit.
' The Cin of Gustine had lad appraisals of S300,000 per acre for smaller lots in the Cin:
core It is estimared tiat the costfor a larger lot in a greenield area will be approximatie: 33°o less
The proposed amendments are shown as tracked changes in the attached Exhibit.
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends the Council waive the second reading and approving adoption of an Ordinance Amending Gustine Municipal Code Section 4-66-030 Park Land Dedications and Fees.
EXHIBIT
A) Ordinance of the City Council of the City of Gustine Amending Gustine Municipal Code Section 4-66-030 Park Land Dedications and Fees.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUSTINE AMENDING SECTION 4-66-030 PARK LAND DEDICATIONS AND FEES
WHEREAS, Section 4-66-030 of the Gustine Municipal Code ("GMC") provides for the dedication of land and/or the payment of fees to the City for park and recreational purposes as a condition of a Tentative Map, as authorized by Government Code Section 66477 (the "Quimby Act"); and WHEREAS, GMC Section 4-66-030 currently requires dedication of land in the amount of six acres per 1,000 persons residing in the City, and the Quimby Act authorizes cities to require dedication of land in an amount not to exceed five acres per 1,000 residents; and
WHEREAS, GMC Section 4-66-030 provides for calculation of an in-lieu fee to be paid by subdividers who do not dedicate park land, in an amount to be negotiated by City Council with each subdivider, whereas the proposed Public Facilities Impact Fee Update would authorize specified in-lieu park fees as part of the Public Facilities Impact Fee Program; and
WHEREAS, the purpose of this proposed amendment to Section 4-66-030 is to achieve consistency both with the Quimby Act and the proposed park in-lieu fees.
NOW, THEREFORE, the City Council of the City of Gustine does ordain as follows:
Section 1: Findings. Pursuant to Section 4-76-080(B) of the Zoning and Subdivision Code, and in support of the amendments made by this Ordinance, the City Council hereby makes the following findings:
a. The proposed amendments are consistent with the General Plan, as the amendments are intended to make Section 3-66- 040 consistent with State law and with the proposed Public Facilities Impact Fee park in-lieu fees. and do not amend the development requirements governed by the General Plan.
b. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed amendments are intended only to comply with State law and be consistent with the proposed in- 28859.00009\40026349.1
lieu fees that are part of the Public Facilities Impact Fee Update, and therefore promote consistency and fairness for the benefit of the City and the public.
Section 2: Section 4-66-030 of the Gustine Municipal Code is hereby amended to read as follows (deletions noted by strikethrough, additions noted by underline):
"Sec. 4-66-030 - Park Land Dedications and Fees.
A. Purpose. This Section provides for the dedication of land and/or the payment of fees to the City for park and recreational purposes as a condition of the approval of a Tentative Map. This Section is enacted as authorized by the provisions of Chapter 4, Article 3 of the Map Act, also known as the "Quimby Act." B. Applicability.
1. Land dedication and/or fee payment required. As a condition of Tentative Map approval, the subdivider shall dedicate land and/or pay a fee, at the option of the Council, in compliance with this Section for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision.
Exemptions. The provisions of this Section do not apply to industrial or commercial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added, or to any other subdivision exempted by Map Act Section 66477.
C. Amount of parkland required.
1. General standard. It is found and determined that the public interest, convenience, health, welfare, and safety require that fivesix acres of property for each 1,000 persons residing within this City be devoted to neighborhood and community park and recreational purposes.
2. Dedication requirement for residential subdivisions. The amount of contiguous acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula:
28859.00009\40026349.1
X= .0056()(P)
Where:
X= Amount of parkland required, in acres.
U = Total number of approved dwelling units in the subdivision.
P= Average number of persons per dwelling unit: based on the latest census data as set forth in the currently adopted Public Facilities Impact Fee Program.
3.5 for detached single-family dwellings
2.5 for duplexes, and multi-family dwellings containing four or fewer units
2.0 for multi-family dwellings with five or more units and mobile homes
D. Fees in lieu of land.
If the entire parkland obligation for a proposed residential subdivision is not satisfied by dedication in compliance with Subsection C. above, the subdivider shall pay the in-lieu fee set forth in the currently adopted Public Facilities Impact Fee Programa fee to the City as determined by the Council through negotiations with the subdivider.
E. Criteria for requiring dedication and fees. In subdivisions of over 50 lots, the City may require the subdivider to dedicate both land and pay a fee, as follows:
1. Determination of land or fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
a. The General Plan, and the compatibility of dedication with the General Plan;
b. Topography, geology, access, size, shape and the
location of land in the subdivision available for dedication; C. Feasibility of dedication; and
d. Availability of previously acquired park property.
2. Procedure for determining land or fee. The review authority shall determine whether the subdivider shall dedicate land, pay in-lieu fees, or provide a combination of both, at the time of Tentative Map approval. The 28859.00009\40026349.1
determination of the review authority shall be based on a report and recommendation from the Director. The recommendation by the Director and the action of the review authority shall consider the factors in Subsection E.l above, and shall include the following:
a. The amount of land required;
b. Whether a fee shall be charged in lieu of land;
c. Whether land and a fee shall be required;
d. The location and suitability of the park land to be
dedicated or use of in-lieu fees; and
e. The approximate time when development of the park or recreation facility shall commence.
The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
3. Land and fees. A requirement for both land dedication and fee payment shall comply with the following standards.
a. When only a portion of the land to be subdivided is
proposed in the General Plan or applicable specific plan as the site for a local park, that portion shall be dedicated for local park purposes, and an in-lieu fee in the amount set forth in the currently adopted Public Facilities Impact Fee Programcomputed as provided by Subsection D. shall be paid for any additional land that would have been required to be dedicated by Subsection C. b. When a major part of the local park or recreational site has been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and an in-lieu fee paid in the amount set forth in the currently adopted Public Facilities Impact Fee Program. computed as provided by Subsection D. shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by Subsection C. The fees shall be used for the improvement of the existing park or recreational facility serving the subdivision.
4. Credit for improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the subdivider's required Public Facilities Impact Feefees or land.
28859.00009\40026349.1
Suitability of land to be dedicated. Each park site proposed for dedication in compliance with this Section shall be physically suited for the intended use.
1. Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating the area of the park site provided in compliance with this Section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.
2. If the Council determines that any of the land proposed to be dedicated is not suitable for park use, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay an in-lieu fee in the amount set forth in the currently adopted Public Facilities Impact Fee Program compliance with Subsection D., above.
G. Conveyance of land, payment of fees. Real property being dedicated for park purposes shall be conveyed by the Parcel or Final Map in fee simple absolute, to the City by the subdivider, free and clear of all encumbrances except those which, in the opinion of City Attorney, will not interfere with use of the property for park and recreational purposes, and which the Council agrees to accept. The amount of required fees shall be deposited with the City at the time of submittal of a Parcel or Final Map. The fees shall be held by the City until the map is recorded, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance approved by the City Attorney in favor of the City in an amount equal to the value of the land."
Section 3: Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall publish this Ordinance as required by law.
Section 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person or place, if for any reason held to be unconstitutional or invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or places. ///
11/
11/
28859.00009\40026349.1
3/3
1, Melanie Correa, Deputy City Clerk of the City of Gustine, hereby certify the foregoing Ordinance was introduced on May 3, 2022 and second reading and adoption was approved on May !!. 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
MAYOR, PATRICK NAGY
ATTEST:
CITY CLERK, MELANIE CORREA
28859.00009\40026349.1
ITEM NO. 5
THE GI CALIFO
SAB
COUNCIL AGENDA ITEM
MAY 17, 2022
PREPAREd BY: Ann Siprelle, City Attorney
SUBJECT: Public Hearing to Consider a Resolution Adopting a Public Facilities Impact Fee Nexus Study and Public Facilities Impact Fees
BACKGROUND/DISCUSSION
This is a public hearing item to consider a resolution adopting a Public Facilities Impact Fee Nexus Study ("Nexus Study") and Public Facilities Impact Fees. These are fees imposed on new development to mitigate the costs of public facilities needed to serve new development City-wide, and will be collected at the time of issuance of a building permit. The Nexus Study was prepared by Harris and Associates, and is attached to the proposed resolution as Exhibit "A." If adopted, the resolution will take effect immediately and the approved fees will be effective 60 days later as required by law, or on July 13, 2022. Beginning in July, 2023, the fees will be updated in accordance with the Engineering News Record 20-City Average Construction Cost Index, using May 2022 as the initial index.
The City's Public Facilities Impact Fees were last updated in May, 2018. The Nexus Study attached is based upon updated growth assumptions, currently anticipated facilities needed to serve that growth, at currently projected costs. The following categories of fees are included: General Government Facilities; Police Facilities; Fire Facilities; Park Facilities; Storm Drain Facilities; Water Facilities; Sewer Facilities; and Transportation Facilities.
This public hearing on both the Nexus Study and the Public Facilities Impact Fees was noticed in accordance with all legal requirements. The City Council must adopt both the Nexus Study and the Fees.
FISCAL IMPACT
The tables below summarize the proposed fees:
1//
///
11/
Table 1.1: Summary of Proposed Public Facility Impact Fees General
Land l'se soreramen Pobice Fur Parks Transportation Storma Drata Total Residential (Fee per Dwelling Unit
Single Family $1,807 S1.495 $2,081 $7.455 $4,830 57,853 $25,521 Muti-Famiy S1.682 $1,391 $1,936 56,938 $2,621 $3,656 $18.224 :
Non-Residentiai (Fee per 1,000 Bulding Square Feet)
Commercial $554 $459 $1,190 5248 $7,053 $9.286 $14,750
Office $691 $572 51,483 5309 $10.434 55,246 $18,735
Industrial 5256 $212 $549 S114 $3,381 $2.915 59,427
Table 1.2 Summary of Proposed Water & Sewer Impact Fees Based on Water Meter AWWA Rated 1wwCopacily
Water Meter Size Саряску СРМ Service Ratto Water Sewer Total Residential' $3.320 $7.917 $11.237
NoD-Residential & High Deasily Residential
3/4" 20 1.00 $3.320 $7.917 $11.237
50 2.50 $8.299 $19.792 $28.091
11/2" 100 5.00 $16.598 $39.585 $50.183
2" 160 8.00 $26,557 S63.336 $89.893
3" 300 15.00 S19.795 $118.754 $168.549
500 25.00 $82.991 $197.924 $280.915
6 1.000 50.00 $165.983 $395.847 $561.830
8" 1,600 80.00 $265.573 S633,356 $898.929
'Inchedes all single family attached and derached diveling uniss inching duplexes.
Table 1.3: Summary of Parkland Acquisition In-Lieu Fees (if the developer does not dedicate 5 acres of land per 1,000 residents per Quimby Act ordinance)
Land Use Total
Residenrial (Fee per Dwelling Unit!
Single Family! $3,182
Multi-Family? $2,961
Single famih assumes 3. 03 persons per dselling unir
Multi- famih assumes 2S? persons per duelling unir.
The Cin of Gustine had land appraisals of $.300.000 per acre for smaller loss in the Cin core It is estimated the she cost for a larger lot hr a greenfield area will be approximater 33% less
RECOMMENDATION
Following the public hearing, staff recommends the Council consider adoption of a Resolution of the City Council of the City of Gustine Adopting a Public Facilities Impact Fee Nexus Study and Public Facilities Impact Fees.
EXHIBIT
A) Resolution 2022-XXXX-A Resolution of the City Council of the City of Gustine Adopting a Public Facilities Impact Fee Nexus Study and Public Facilities Impact Fees
B) Public Facilities Impact Fee Nexus Study Report
APPROVED BY:
BRAD KILGER, INTERIM CITY MANAGER
for
RESOLUTION 2022-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ADOPTING A PUBLIC
FACILITIES IMPACT FEE NEXUS STUDY AND PUBLIC FACILITIES IMPACT FEES WHEREAS, the City Council of the City of Gustine last updated its Public Facilities Impact Fees in 2018; and
WHEREAS, the City Council of the City of Gustine commissioned Harris & Associates to prepare an updated Public Facilities Impact Fee Nexus Study; and WHEREAS, the purpose of the Public Facilities Impact Fees, and the proposed updates to those fees, is to defray all or a portion of the cost of public facilities related to development projects in the City, including public improvements, public services and community amenities; and
WHEREAS, the City Council of the City of Gustine hereby finds that the study provides adequate evidence to support and demonstrate that the amount of the proposed impact fees bear a reasonable relationship to the cost of new facilities needed to serve new development; and
WHEREAS, the City Council further finds that there is a reasonable relationship between the fees' use and the type of development projects on which the fees are imposed, and that the need for the identified public facilities is reasonably related to those development projects; and
WHEREAS, fees adopted as part of this Resolution are to be incorporated into the City's existing schedule of fees and shall supersede fees previously adopted for similar facilities; and
WHEREAS, as required by Government Code Section 66016.5(a) (7), notice of public hearing of intent to adopt the Public Facilities Impact Fee Nexus Study was published at least 30 days prior to the public hearing; and WHEREAS, as required by Government Code Section 66004, notice of public " hearing has been given pursuant to Government Code Sections 66016, 66018 and 6062a, and said notice was published two times five days apart and at least 10 days prior to the public hearing at which the City Council considered all oral or written evidence regarding the proposed fees; and
WHEREAS, the City Council therefore approves the Public Facilities Impact Fee Nexus Study and adopts the proposed Public Facilities Impact Fees as set forth in the Public Facilities Impact Fee Nexus Study, attached hereto as Appendix A of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:
Section 1. The City Council hereby finds that the above recitals are true and correct and incorporates and adopts them as findings of the City Council, and further finds that the proposed fees bear a reasonable relationship to the type of development projects on which the fees are imposed, and that the need for public facilities is reasonably related to the type of those development projects.
Section 2. The City Council hereby makes the following additional findings with respect to the proposed fees:
1. In adopting the Public Facilities Impact Fees set forth in this resolution, the City Council is exercising its powers under Article XI, Section 7 of the California Constitution.
2. The purpose of the Public Facilities Impact Fees is to finance general government, police, fire, parks, transportation, storm drain, water and sewer facilities/infrastructure ("Facilities'), as identified in the Public Facilities Impact Fee Study, dated April 15, 2022, prepared by Harris & Associates and attached hereto as Exhibit A.
The Public Facilities Impact Fees collected pursuant to this resolution shall be used to finance the Facilities as outlined in the Public Facilities Impact Fee Study.
There is a reasonable relationship between the use of the Public Facilities Impact Fees revenue and the type of development projects on which such fee is imposed (which are new residential, commercial, office, and industrial development projects) in that all new development located within the City will generate, or contribute to, the need for the Facilities by increasing the number of residents, workers, and shoppers in the City and the Public Facilities Impact Fees revenue will be used to finance new development's share of the costs of the Facilities.
5. There is a reasonable relationship between the need for the Facilities and the type of development projects on which the Public Facilities Impact Fees are imposed in that new development in the City (both residential and nonresidential) will contribute to the need for the Facilities by increasing the number of residents and workers, each of which generate or contribute to the need for the Facilities.
There is a reasonable relationship between the amount of the Public Facilities Impact Fees set forth in this resolution and the cost of the Facilities to be funded, or that portion of such Facilities attributable to the development on which such Fees are imposed, in that the Public Facilities Impact Fees are based on the impacts each specific type of new development causes based on increased demands for the Facilities.
The Fees imposed by this Resolution are established and imposed on the issuance of all building permits within the City to finance the additional Facilities necessary to mitigate the impact of new development caused by new development in the City in the amount stated in attached Exhibit A.
Section 3. The City Manager is authorized and directed to update the development impact fees established by this Resolution in accordance with the Engineering News Record (ENR) 20-City average Construction Cost Index, on July 1st of each year using May 2022 as the initial index.
Section 4. The fees adopted and imposed by this Resolution shall be effective sixty (60) days following the final adoption of this Resolution, pursuant to Government Code Section 66017(a).
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 17th day of May 2022, the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
EXHIBIT A
[INSERT PUBLIC FACILITIES IMPACT FEE NEXUS STUDY]
GUSTINE CITY COUNCIL AGENDA ITEM #5
EXHIBT B - Public Facilities Impact Fee Nexus Study Report Public Facility Impact Fee Report
Due to the large size of the file, the exhibit has been housed on the City website as an additional document with the City Council Agenda Packet.
Exhibit can be located here:
www.cityofgustine.com
-Agendas & Minutes
-City Council; May 17, 2022; "Additional Documents"
ITEM NO. 6
GUSTINE CITY GALIFORNIA
CITY COUNCIL AGENDA ITEM
MAY 17, 2022
PREPARED BY: George Osner, Consulting Planner
Ann Siprelle, City Attorney
SUBJECT: Katakis Vesting Tentative Subdivision Map and Reimbursement Agreement
Introduction
The applicant, Mr. Ron Katakis, has been working with City staff to bring forward a Vesting Tentative Subdivision Map (VTSM) to enable development of his property within the Southeast Gustine Master Plan. The proposed Map is a part of the southern portion of the Master Plan, south of Sullivan Road. The Vesting Tentative Subdivision Map was heard by the Planning Commission on April 27, 2022, resulting in a recommendation to the City Council from the Commission for approval of the Map. In addition to the Tentative Map, Mr. Katakis has requested that the City enter into a reimbursement Agreement to provide for him to be reimbursed for proportionate share of the costs of. preparation and adoption of the Southeast Gustine Master Plan and annexation of a portion of the Plan area.
Background
Vesting Tentative Subdivision Map
The adopted Southeast Gustine Master Plan is available on the City's website. The Master Plan, prepared in accordance with the requirements of the General Plan and consistent with the General Plan, provides the underpinning for development of the area with urban uses, primarily residential.
The Master Plan provides for a network of streets to provide vehicular circulation and designates the land uses. A park site which will serve as a dual use facility providing storm water detention during rainy periods and recreation the balance of the time is designated, existing schools are shown, and the balance of the area is designated for low-density residential development, with the exception of one small parcel designated. industrial.
The proposed VTSM implements the design proposed by the Master Plan, providing for single-family residential lots and an area that provides a site for a domestic water well, a small park playground area, and a portion of the dual-use storm drain basin.
A portion of the Master Plan area, including the area proposed for the VTSM, was annexed to the City in follow up to the Master Plan adoption. The area proposed for the VTSM was pre-zoned to PD (Planned Development) consistent with the City's General Plan. This zone requires that all development be pursuant to a Precise Development Plan, a follow up step that will be required to occur subsequent to Map approval but before any building occurs.
Reimbursement Agreement
Mr. Katakis advanced the costs of preparation and adoption of the Southeast Gustine Master Plan and costs of the annexation process for the portion of the Master Plan area currently annexed. He has requested that the City enter into a Reimbursement Agreement to provide for him to be reimbursed for a proportionate share of these costs as other properties in the area develop. This will require that the City consider and adopt fees applicable to the respective areas for this purpose; this will be an item for consideration at a public hearing in the near future.
Description
Vesting Tentative Subdivision Map
The proposed VTSM, shown as Exhibit B provides for the division of the parcels owned by Ron Katakis et. al. totaling 41.48 ac. into residential lots and a 5 ac. lot for the water well, park, and dual-use storm drain basin. The map provides for 157 residential lots and accompanying public facilities to provide for development, including local streets, utilities and the park/storm drain facility. The lot configuration and overall density are consistent with the General Plan, Master Plan, and PD zone.
Circulation
The street layout is generally similar to the layout shown in the Master Plan. Pursuant to the Plan as amended in 2020, the north-south collector street has been configured to align with Grove Street to allow for a single intersection with a roundabout for traffic control. In connection with this configuration, the easternmost street connection to Sullivan Road shown in the original Master Plan has been eliminated. Development of the subdivision will include development of all interior and fronting streets, including the roundabout on Sullivan Rd. In addition, initial development will provide school access facilities including an interim paved access along Grove Ave. to serve the elementary school, and frontage improvements including curb, gutter, and sidewalk extending along Sullivan Rd. to its intersection with S. Hunt Rd.
Water
As noted above, the applicant will dedicate the well site as a part of the overall public facilities parcel and the City will install a well on the site. The developer will install distribution lines and a line providing connection to the City's existing domestic water system.
Sanitary Sewer
The subdivision will be served by Gustine's sewer system. The developer will install collection lines with a connection to the east which will involve the removal of an existing lift station in Sullivan Rd. serving the school, allowing the system to operate by gravity flow, and including installation of a crossing under the railroad. The permit process with the railroads is under way for this portion of the project.
Parks and Storm Drainage
The public facilities parcel includes an area at the north end of the parcel to accommodate a playground including restrooms and play equipment. The design and installation of these facilities will be done by the City using Parks Impact Fees.
The balance of the parcel is devoted to a dual-use basin, providing storage for storm waters during significant storms, and playfield area when not under water (the majority of the time). The developer will provide an interim and ultimate design for development of this area for City approval and will complete the interim design. The initial development will include excavation of the basin, installation of a storm water pumping discharge system, and installation of turf and irrigation to accommodate the proposed playfield use. Since the interim design will require future re-do of portions of the basin abutting later phases, provision will be needed to secure that future expense, to be established with the Improvement Plans/Subdivision Improvement Agreement.
The storm basin will discharge to CCID facilities via a new line to be constructed by the developer. This line will cross under the railroad. The permit process with the railroads is under way for this portion of the project.
Reimbursement Agreement
The proposed Agreement provides for reimbursement for costs incurred for two actions.
Costs associated with the preparation and adoption of the Southeast Gustine Master Plan, and costs associated with the annexation of a portion of the Plan area.
Issues
General Plan Consistency
The Master Plan upon which this VTSM application is based was found to be consistent with the General Plan and its policies when adopted. The VTSM implements the Master Plan and is consistent with the land use and policies of the Master Plan.
Domestic Water
At the time the Master Plan was adopted, the availability of water hookups was identified as an issue and it was determined that installation of a domestic water well in the area would be required for development of any significant portion of the Plan area. Subsequently, the City has identified a well site on the applicant's parcel consistent with the Master Plan and has contracted for a test well to be completed, with the cooperation of the property owner/applicant. The applicant will dedicate the site for the well and City will contract for well installation using Water System Impact Fees.
Incremental Development of Dual Use Basin
The proposed Basin overlaps three ownerships within the Master Plan area, the Katakis site and areas owned by Rick and Mike Rasmussen. It is proposed to develop the basin incrementally, that is, to develop only the portion within the proposed subdivision at the time this subdivision is developed. This approach necessitates engineering design and an implementation process to ensure that at all points during development sufficient storm water volume is accommodated and that the basin also serves its required use as a playfield area.
Central California Irigation District (CCID)
The proposed subdivision includes some existing CCID distribution facilities. Any facilities serving parcels not being subdivided will require relocation and reconstruction in a way to allow for continued water delivery to such parcels. This item is provided for in the Conditions of Approval.
California Environmental Quality Act
Approval of the VTSM is a Project under CEQA and as such requires the preparation and consideration of an environmental document. The Master Plan was approved :
pursuant to an Environmental Impact Report (EIR) (SCH #2016021092) which includes mitigation measures also set forth in the project Mitigation Monitoring and Reporting Plan (MMRP). The VTSM is an implementing project consistent with the Master Plan and its EIR and subject to the applicable mitigation measures. As such, the Southeast Gustine Master Plan EIR and its associated MMRP serve as the CEQA documents for the adoption of the VTSM. These documents are provided on the website for use with the staff report
The City has undertaken an update of its infrastructure fees including the establishment of a transportation category. The mitigation measures identified by the Master Plan EIR require the establishment of such a fee and the payment thereof by any project in the Master Plan area in order to accomplish required transportation improvements, and approval of the VTSM by the City Council will require prior or simultaneous adoption of the updated fees.
The proposed Reimbursement Agreement is not a project under CEQA.
Subsequent Projects
Once a VTSM is approved, it will be followed by a Final Map. The mapped area will require preparation, processing, and adoption of a Precise Development Plan as discussed above. Construction of public facilities including streets, the park/basin facility, a water well, and other facilities will be undertaken as development proceeds, pursuant to Subdivision Improvement Plans and Agreement.
Following approval of the Reimbursement Agreement, implementing fees applicable to the respective areas will be brought forward for public hearing.
Recommendation
Following the public hearing the Planning Commission recommends that the City Council take the following actions:
1. By resolution, certify review of the Southeast Gustine Master Plan EIR and approve the Katakis Vesting Tentative Subdivision Map.
Staff recommends that the City Council take the following action:
2. By motion approve the Reimbursement Agreement
EXHIBITS
A) Resolution approving the Katakis Vesting Tentative Subdivision Map B) Katakis Vesting Tentative Subdivision Map
C) Master Plan Infrastructure Diagrams
a. Water
b. Sewer
c. Storm Drain
d. Roundabout
e. Gustine Middle School
D) Proposed Reimbursement Agreement between the City and Mr. Katakis E) Unsigned Resolution approved by the Gustine Planning Commission at their regular meeting on April 27, 2022
The following documents are available online at https://tinyurl.com/SEGustineDevtDocs
1. Southeast Gustine Master Plan
2. Southeast Gustine Master Plan EIR (Draft and Final) & MMRP n7010~
APPROVED BY:
Brad Kliger, Interim City Manager
for
RESOLUTION NO. 2022-Xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE APPROVING A VESTING
TENTATIVE SUBDIVISION MAP FOR SOUTHEAST GUSTINE DEVELOPMENT WHEREAS, by Resolution 2018-2419 on March 6, 2018 the City Council adopted the Southeast Gustine Master Plan in conformance with the provisions of the Gustine General Plan; and
WHEREAS, Ron Katakis ("Subdivider") has filed an application for a Vesting Tentative Subdivision Map to divide 41.68 acres, property located south of Sullivan Avenue within the Southeast Gustine Master Plan area, into 157 single-family residential lots and one park/storm drainage/water well lot; and
WHEREAS, an application for the proposed Vesting Tentative Map was received in the office of the Secretary of the Planning Commission on December 3, 2020; and WHEREAS, copies of the proposed vesting tentative map have been sent to the Gustine Unified School District, Pacific Gas and Electric Company, Central California Irrigation District, and the City Engineer; and
WHEREAS, City services, including sewer and water facilities, are available; and WHEREAS, the area can be served by elementary schools in the Gustine Unified School District and by the City's Fire Station at 686 Third Street, about 1-1/2 miles distant; and
WHEREAS, a public hearing was held by the Planning Commission on April 27, 2022, in the Council Chambers, Gustine, California, at which hearing evidence both oral and documentary was received and considered; and
WHEREAS, the City Council certifies it has received and reviewed the Southeast Gustine Master Plan EIR, and
NOW, THEREFORE, BE IT RESOLVED by the Gustine City Council that it hereby finds and determines as follows:
1. The proposed vesting tentative subdivision map, together with the provisions for its design and improvements, is consistent with the General Plan of the City of Gustine, the Southeast Gustine Master Plan, and the Subdivision Map Act of the State of California.
2. Prior to issuance of any building permit, a Precise Development Plan as required by provisions of the PD zone must be applied for and approved.
3. The discharge of waste as a result of the proposed vesting tentative subdivision map into the existing sewer system will not result in a violation of existing requirements by the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code of the State of California.
4. The proposed vesting tentative map will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158 of the Public Resources Code, which was not identified in the Master Plan EIR.
5. No new or additional mitigation measures or alternatives are required.
6. The proposed vesting tentative map is within the scope of the project covered by the Master Plan EIR.
7. All applicable policies, regulations, and mitigation measures identified in the Master Plan EIR have been applied to the proposed vesting tentative map subsequent project or otherwise made conditions of approval of the proposed vesting tentative map.
BE IT FURTHER RESOLVED that the City Council approves the Vesting Tentative Map subject to the following conditions:
CEQA:
1. All development shall at all times be subject to and in conformance with the mitigation measures identified by the Southeast Gustine Final EIR and set forth in the Mitigation Monitoring and Reporting Program for the Southeast Gustine Master Plan Project (MMRP).
1.1. BIO 3.1: If construction work on a project commences between March 1 and September 15, a pre-construction survey for nesting Swainson's hawks within
0.5 miles of the construction site shall be conducted by a qualified biologist retained by the project applicant prior to the start of construction work. If active nests are found, a qualified biologist shall determine the need (if any) for temporal restrictions on construction or other protective measures. The determination shall be pursuant to criteria set forth by CDFW in its Staff Report regarding Mitigation for Impacts to Swainson's Hawks (Buteo swainsoni) in the Central Valley of California (1994). The project shall incorporate all recommended measures, including any temporal restrictions.
1.2. BIO 3.2: If construction work on a project commences between February 1 and August 31, a pre-construction survey for burrowing owls within 250 feet of the construction site shall be conducted by a qualified biologist retained by the project applicant prior to the start of construction work. If occupied burrows are found, a qualified biologist shall determine the need (if any) for temporal restrictions on construction or other protective measures. The determination shall be pursuant to criteria set forth by CDFW in its Staff Report on Burrowing Owl Mitigation (2012). The project shall incorporate all recommended measures, including any tempora restrictions.
1.3. BIO 4.1: If construction work on a project commences during the general avian nesting season from March 1 through July 31, a pre-construction survey for nesting birds shall be conducted by a qualified biologist retained by the project applicant prior to the start of construction work. If active nests are found, work in the vicinity of the nest shall be delayed until the young fledge.
1.4. CULT 1.2 and 2.2: So that potential archaeological or paleontological materials encountered during construction activity can be identified, the developer or contractor shall provide training of field personnel in identification procedures prior to construction work, such training to be carried out by a qualified cultural resources specialist. The training would consist of a mandatory pre-field meeting in which a professional archaeologist would review with equipment operators the natural and cultural history of the annexation area, archaeological sensitivity, the most likely locations of buried cultural materials, if any, and what kinds of cultural materials would be seen if prehistoric materials are in fact unearthed and specifically how to address such discoveries and what immediate actions to
1.5. CULT 2.3: If any subsurface cultural resources are encountered during future project construction, all construction activity in the vicinity of the encounter shall cease until a qualified archaeologist examines the materials, determines their significance, and recommends mitigation measures that would reduce potentially significant impacts to a less than significant level, in accordance with CEQA. The City of Gustine shall be immediately notified of the discovery and the developer or its contractor shall be responsible for retaining a qualified archaeologist and for implementing recommended mitigation measures.
1.6. CULT 2.4: If human remains are encountered at any time during future project construction, all construction activity in the vicinity of the encounter shall cease, and the County Coroner and the City of Gustine shall be notified immediately. The Coroner will contact the Native American Heritage Commission if the remains have been identified as or are suspected of being of Native American descent. The developer or its contractor shall implement the requirements of the CEQA Guidelines with respect to human remains of Native American origin. The developer or its contractor shall retain a qualified archaeologist to evaluate the archaeological importance of the find and recommend any mitigation measures needed to reduce any potentially significant effects to a less than significant level under CEQA. The developer shall implement those recommendations.
1.7. CULT 3.1: If paleontological resources are encountered during project construction, construction activity in the vicinity of the encounter shall cease until a qualified paleontologist examines the materials, determines their significance under CEQA, and recommends mitigation measures that would be necessary to reduce potentially significant effects to a less than significant level, in accordance with CEQA. The City of Gustine shall be immediately notified of the discovery. The developer or its contractor shall be responsible for retaining a qualified paleontologist and for implementing recommended mitigation measures.
1.8. GEO 3.1/3.2: Implemented by Condition 16.
1.9. GRG-1: The project developer shall implement the following greenhouse gas emission reduction measures: 1) The project shall install only natural gas hearths in residences, and 2) Residences on the project site shall exceed Title 24 energy efficiency targets by at least 15%.
1.10. NOISE 14.1: Hours of operation for noise-generating construction equipment shall be restricted to 7:00 AM to 7:00 PM Monday through Friday, 8:00 AM to 7:00 PM Saturday, and Sundays (with authorization from the City Council or Planning Commission), 9:00 AM to 5:00 PM, when such equipment is to be used near noise sensitive land uses.
1.11. SERV 1.1: The Precise Development Plan shall include design and implementation that promotes citizens' safety developed in consultation with the Gustine Police Department.
1.12. TRANS 1.2 is implemented through the payment of applicable Traffic Development Impact Fees as currently under consideration for adoption.
TRANS 1.3 is implemented through the inclusion of a roundabout at the Sullivan/Grove intersection into the VTSM.
1.13. UTIL 2.1 and UTIL 5.1 are implemented into the Master Plan infrastructure required to be completed with the project.
General Conditions:
1. With recordation of a Final Map, the map shall demonstrate via note or building setback line that all rear-yard setbacks for lots that back up to Sullivan Road shall be fifteen feet, in accordance to the setback standards outlined in the City's Zoning Code.
Prior to Certificate of Occupancy of any structure on any lot abutting Sullivan Road, the following fences and walls shall be installed:
2.1. An eight-foot high continuous split-face decorative masonry wall with cap treatment shall be installed along Sullivan Road;
3. Prior to recordation of a Final Map, Subdivider shall provide a form of disclosure to future residents about the potential exposure to agricultural operations in the area.
Such disclosure shall be placed on the Final Map and provided with deeds for each residential lot.
4. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.
5. Except as amended herein, or by reference, all development shall be in accordance with the Southeast Gustine Master Plan and the mitigation measures specified by the applicable EIR and Mitigation Monitoring and Reporting Program.
6. Prior to start of construction, all-weather, hard-surfaced roadways shall be constructed and maintained free of obstructions at all times during construction as required by City Engineer.
7. Subdivider shall, at his sole expense, defend, indemnify and hold harmless the City of Gustine, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys' fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Gustine shall promptly notify Subdivider of any such claim, action, or proceeding and shall cooperate fully in the defense.
8. Prior to the issuance of any building permit, a Precise Development Plan for the area as required by provisions of the PD zone must be applied for and approved.
9. All minimum conditions of subdivision approval in Article 6 of the City's Zoning Ordinance ("Subdivisions") are included by reference.
10. The Final Map shall comply with all provisions of the Subdivision Map Act.
11. The Final Map shall be prepared by a California licensed land surveyor or registered civil engineer and filed for City Council approval.
12. Subdivider shall provide all required documents as determined by the City Engineer for review and approval of the Final Map and recording thereof.
13. Before approval of the Final Map and recording thereof, the Subdivider shall:
a) Construct all public improvements or provide the required surety for the construction thereof for acceptance by the City Council. b) Construct or provide required surety for all irrigation improvements as required by Central California Irrigation District.
c) The Subdivider shall dedicate all necessary rights of way and easements to the City of Gustine, public utility companies, and other affected agencies. d) The Subdivider shall dedicate all public park lands, well sites, and storm basins to the City of Gustine.
14. Prior to approval of the Final Map, improvement plans for streets, utilities, drainage facilities, survey monuments, grading, and erosion control shall be prepared and submitted for the City Engineer's approval.
15. Public improvements shall conform to the latest edition of the City of Gustine Improvement Standards and any modifications thereto approved by the City Engineer in place at the time of approval of this Vesting Tentative Subdivision Map.
Improvements shall conform to other City adopted documents, including the approved Southeast Gustine Master Plan and amendments thereof, General Plan, Sewer Master Plan, and Stormwater Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.
16. As part of the improvement plans, the Subdivider shall submit to the City Engineer a soils report prepared by a California registered geotechnical engineer. The soils report shall include recommendations for the structural sections for streets, excavation, compaction, clearing, grubbing requirements, percolation, water table elevation, and grading improvements for the drainage basin.
17. Prior to issuance of a Grading Permit or commencement or construction on site, the Subdivider shall prepare a Storm Water Pollution Prevention Plan (SWPPP) under the California Water Resources Control Board Order No. 2009-0009-DWQ, NPDES No.
CA000002 for construction activities.
18. Prior to approval of the improvement plans, Subdivider shall prepare a pre-project water balance calculation for storm water runoff pursuant to the California Water Resources Control Board Order No. 2012-0006-DWQ, NPDES No. CA000002 for compliance with Post-Construction Standards for non-MS4 Phase I and Phase Il agencies.
19. Prior to issuance of a Grading Permit or commencement of construction on site, the Subdivider shall prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District to approve construction activities for the project if required.
20. Prior to the issuance of any grading and encroachment permits, Subdivider shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.
Improvement securities will be in accordance with standards set for in the California Subdivision Map Act and the City's Municipal Code.
21. Prior to the issuance of a building permit, Subdivider shall pay all development impact fees as specified and pursuant to the City's municipal code, ordinances, and resolutions. The fee assessment shall include all applicable fees for Municipal Facilities, Police, Fire Protection, Transportation, Water, Domestic Wastewater, Storm Drainage, and Parks. Fees shall be paid at the time of the issuance of each permit.
Development Fees shall include all those fees currently under consideration by the City Council and proposed for adoption on May 17, 2022
22. The proposed parcels shall be annexed to any applicable Landscape and Lighting Maintenance District and Community Facilities District for the City of Gustine for all required and applicable assessments, or, at the City's discretion, the Subdivider will agree to, prepare and fund, formation of a new landscape and lighting maintenance district and community facilities district for the parcels.
23. Provide utility services to each lot, including electric power, gas, telephone, and cable television.
24. Construct all proposed utilities underground within the street rights of way or public utility easement. Any existing overhead lines including electric, communication and Cable TV within the public rights of way or easements fronting the subdivision, or within the proposed parcel boundaries shall be undergrounded within the street rights of way or relocated to acceptable easements as approved by the City and the affected utility companies.
25. The location and installation of mailboxes shall be approved by the US Postmaster and the City of Gustine.
26. The names for the new subdivision streets shall be provided for consideration and are subject to approval by the City Council.
27. The rights of way and easements shown on the Vesting Tentative Subdivision Map are preliminary until they are reviewed and approved by the City Engineer. The Final Map shall show final precise location of all rights of way and easements.
28. Subdivider shall coordinate and obtain all required approvals from the County of Merced, Central California Irigation District, and any other stakeholders affected by the work.
Subdivision Public Improvements
Streets
29. Subdivider shall dedicate or cause the dedication of street right of way for the proposed roundabout and subdivision street frontage for Sullivan Road and construct street improvements pursuant to a 70-ft Street Section per the Southeast Gustine Master Plan and as approved by the City Engineer. Roadway pavement shall be widened to ultimate street width within the project frontage and transitioned to existing pavement as required. Curb, gutter, sidewalk, landscaping, decorative street lighting and other required street frontage improvements shall extend the length of the subdivision boundary. Construct all required frontage improvements per City standards or as approved by the City Engineer.
30. Subdivider shall dedicate public utility/pedestrian easement and construct street improvements for Mills Road pursuant to a 60-ft Street Section per the Southeast Gustine Master Plan and as approved by the City Engineer. Roadway pavement shall be widened to ultimate street width within the project frontage and transitioned to existing pavement as required. Curb, gutter, sidewalk, landscaping, decorative street lighting and other required street frontage improvements shall extend the length of the subdivision boundary. Construct all required frontage improvements per City standards or as approved by the City Engineer.
31. Subdivider shall dedicate street right of way and public utility/pedestrian easement for the proposed Interior Collectors and construct street improvements pursuant to a 70-ft Street Section per the Southeast Gustine Master Plan and as approved by the City Engineer. Roadway improvements shall include, but not be limited to, pavement section, curb, gutter, sidewalk, curb ramps, driveways, decorative street lighting, landscaping, survey monuments, signage, and striping and shall conform to the City's Improvement Standards.
32. Subdivider shall dedicate street right of way and public utility/pedestrian easement for the proposed Local Roads and construct street improvements pursuant to a 52-ft Street Section per the Southeast Gustine Master Plan and as approved by the City Engineer. Roadway improvements shall include, but not be limited to, pavement section, curb, gutter, sidewalk, curb ramps, driveways, street knuckles, decorative street lighting, landscaping, survey monuments, signage, and striping and shall conform to the City's Improvement Standards.
33. Construct the proposed roundabout to meet Highway Design Manual Figure 404.5C for California Legal Design Vehicle of 50-ft turning radius and 6-seconds lock-to-lock time for a rural arterial designation.
34. Construct street knuckles to the dimensions and curve lines as required per the City of Gustine Improvement Standards.
35. Construct all designated partial Interior Collectors and Local Roads to allow vehicle travel in each direction and to contain storm runoff within the subdivision boundary.
36. Provide sight distance at intersections of Street 9 (A) at Sullivan Rd and Street 5 (A) at Mills Road to meet City of Gustine Improvement Standards.
37. Pursuant to the Southeast Gustine Master Plan, construct temporary paved pedestrian access north from Sullivan Rd. along Grove St. to the elementary school, consistent with the provisions of the Master Plan.
38. Pursuant to the Southeast Gustine Master Plan, construct frontage improvements along the Gustine Middle School frontage of Sullivan Road.
Water System
39. Construct water mains, fire hydrants, blowoffs, sampling stations, and lateral connections as necessary to serve each lot.
40. Water services shall be sized to meet domestic and fire protection demands and shall include shutoff valves, corporation stops, and water meters. Subdivider shall incorporate water recirculation for residential sprinkler system at the water service or onsite plumbing as applicable.
41. Construct minimum 8-inch water mains on proposed subdivision streets and looped as needed to support the subdivision pursuant to the Southeast Gustine Master Plan and as approved by the City Engineer. Pipe sizes greater than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid or as recommended from the Southeast Gustine Master Plan.
42. Construct 12-inch water main from point of connection at Sullivan Road and along Street 9 (B), Street 1 (B) and Street 8 (B) to the proposed well location at the basin site per the Southeast Gustine Master Plan.
43. Construct 12-inch water main from the proposed well location and along Street 8 (B) to the subdivision south boundary per the Southeast Gustine Master Plan.
44. Construct 12-inch water main on Mills Road to extend the length of the subdivision boundary per the Southeast Gustine Master Plan.
45. Connect proposed water main on Street 11 (A) to existing main on Sullivan Road to complete a loop per the Southeast Gustine Master Plan.
Sewer System
46. Construct sewer lines, lift stations, manholes, and lateral connections as necessary to serve each lot. Convey sanitary wastewater via a gravity flow system unless a lift station is required at points of connection due to topography restrictions.
47. Lateral connections shall include cleanouts and other required components per the City's Improvement Standards.
48. Construct minimum 8-inch sewer mains on proposed subdivision streets pursuant to the Southeast Gustine Master Plans and as approved by the City Engineer. Pipe sizes greater than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Southeast Gustine Master Plan.
49. Construct 10-inch sewer main from the proposed connection on Sullivan Road and along Street 9 (B), Street 1 (B), and Street 8 (B) to the subdivision south boundary per the Southeast Gustine Master Plan.
50. Construct 18-inch sewer main on Sullivan Road to extend the length of the subdivision boundary to the west and connect to the existing 18-inch sewer main to the east. Extend the 18-inch trunk sewer from the existing sewer pump station on Railroad and Meredith Avenue and along Hunt Avenue, Meredith Avenue, and Kniebes Road to connect to the existing 24-inch on Carnation Road pursuant to the South east Gustine Master Plan and as approved by the City Engineer.
Storm Drainage
51. Construct storm drain lines, manholes, drain inlets, catch basins, detention basins, outfalls, and lift stations.
52. Construct storm sewers on proposed subdivision streets as determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid and as recommended per the Southeast Gustine Master Plan and Storm Drain Master Plan.
53. All runoff from City streets shall be contained within the public rights of way or easements and conveyed to the proposed storm basin.
54. Design and construct the proposed storm basin per the City's Improvement Standards, Soils Investigation and Southeast Gustine Master Plan and as approved by the City Engineer. Basin shall be sized to handle the storm runoff from the proposed subdivision. Design shall demonstrate and construction shall implement an interim solution providing for the ultimate storm basin design for the Master Plan area.
55. Design and construct a storm pump station on a block wall-enclosed 50'x50' site with pumping capacity and equipped as required and approved by the City Engineer and pursuant to the Southeast Gustine Master Plan.
56. Construct 12-inch storm drain force main from the storm pump station and along Street 8 (B), Street 5 (A), Street 11 (A), Sullivan Road, Hunt Road, and Railroad Avenue to connect at the existing 42-inch irrigation pipeline on Meredith Avenue pursuant to the Southeast Gustine Master Plan and as approved by the City Engineer. Construct connection to irrigation pipe as required and approved by the Central California Irrigation District.
57. Subdivider shall dedicate the park/storm basin/water well parcel to the City of Gustine for public use.
58. The basin area including side slopes and floor shall be provided with grass and irrigation at all phases.
City Park Improvements
59. Subdivider shall dedicate the park/storm drain/water well parcel to the City of Gustine for public use.
BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d) (1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.
BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on May 17, 2022, and that if a protest is not filed within this (90) ninety day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.
BE IT FURTHER RESOLVED by the City Council that the Secretary of the City Council is hereby directed to file with the Merced County Clerk a Notice of Determination in regard to the environmental impact of the proposed subdivision.
The foregoing resolution was introduced at the regular meeting of the Gustine City Council held on May 17, 2022, by who moved its adoption, which motion was seconded by and carried by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
SULLIVAN ROAD
SULLIVAN ROAD
MILLS ROAD HUNT ROAD
TREET 8 VICINITY MAP
CITY OF GUSTINE, MERCED COUNTY. STATE OF CALIFORNIA
PROPERTY OWNER / APPLICANT
STREET 2 ON KATAKIS
MAILING ADORESS AN AS RES
2UB.7K, CA 95380
STREET 10 EXISTING CONDITIONS
063-180-029 & 030
EXISTING PARCELS:
A.P.N. D6-10001S
033-180-018 093-300-031 EXISTING ACREAGE: +41.68 ACRES
EXISTING GENERAL PLAN: PLANNED DEVELOPMENT
EXISTING ZONING: PLANNED DEVELOPMENT
PROPOSED PROJECT
PARKLANDS
PROPOSED DENSITY. 377 UNITS PER ADRE
LOT MIDIR OU FEEl MINMUM
LO! DEPIR 100 FEET MINIMUM
LOT AREA: 3, 601 SQUARE FI
OF 157 SINGLE FAMILY RESIDENTIAL LOTS &
STREET 10
TON PRORES RECORDING OF A RAAL MAP FOR
STREETS
SANTARY SEVER FACITES TO BE DEDICATED TO THE CITY OF
STA SYSTEM FACUMES TO BE DEDICATED TO THE CITY OF
11. CONDITIONS, SHEETS 3 & 1 FO
STORM DRA ADE AND SHEET 5 FOR SEWER
HUNT ROAD
PROPERTY DESCRIPIION
AND MERIDIAN
IOT"A'
STORM DRAINAGE
BASIN PARKLANDS
003180-095
MILLS ROAC
GDR ENGINEERING, INC.
ENGINEERING/ SURVEYING/PLANNING
STREET 5 CERES 68-5397
VNGTNTATVEUBOVAON MAP
FUTURE DEVELOPNENT TATE OF CUIT RON KATAKIS
FUTURE DEVELOPMENT DATE 07/16/2021
(BY OTHERS) 20034 Kolas VIS - Set ld
N7 119/2021
LEGEND
EXISTING 'ROPOSE
SULLIVAN ROAD UNDARY
SULLIVAN ROAD
@ 0800•
SERVICE POLE
MONUMENT WELL
?uễău88öw
083-180-019 063-180-015
EXISTING CANAL
'SEWER MANHOLE
40 IRRIGAIION EAS
- EXISTING DITCH
WATER SHATT
NOTES
EI STANDARD SPECT EDENED AND PRESERVED PER
18.04 083-183-010
GDR ENGINEERING, INC.
ENGINEERING/SURVEYING/PLANNING
1125 MIE 20903850500 FAX: (253) 530-5397
00%01 S6134
VESTING TENTATIVE SUBDIVISION MAP
FOR
RON KATAKIS
DATE: 07/13/2025
5109/2021 20034 Kateide VISM - Sheet 2dmg
DATE SIC9
SEE SHEET 4 FOR CONTINUATION
6,001 5F.
6.720 r 100.00
:300.00
103.58 86.50
5,000 г. 2.0 S.
5.035 F. STREET 100.00 100.00 STREET 11 CA
1(A
STREET 8 (B) 10209
12205 S.F. 06,73 109.60 110.00 7.19 S.F. 6,002 Sr. 8,03?
7..32 ST 4.000. 100.00
101.901 61. 568.30- 103.20" G1.50 01:50 70.00 0000'5.. 0.00 0.000 5.r.
86.90° 61.50 61.50
100.00' 100.00 110.08
283-160-015
100150018 "STREET 10C0-
2.001 3г. 8521 SE 102.59 8,150 5 г. 100.00 100.00° 8.130 S.F. 100.00 6.719 3 г. SEE SHEET 4 FOR CONTINUATION
20.63 •223 St.
STREET (A)
10.975 Sr. 15.00° 15.00 115.01* 4.530г. 115.02 118.. 115.03 4020 SF. 115.04 4.10 Sr. 115.05 8.002 3F.
98.19 bu.0U bu.5U
219,19
MILLS ROAD 12,92 S.F.
198.0
1130 SE.
8139815 176.20'
10.1135F.
155.95
61.00 139.00*
LOT "A"
BASIN / PARKLAND
4.93 ACRES
125.21
033-180-0181
0,835 5 F.
7,915 F.
.150F
NOTES
1. WATER SAMPLING STATION SHALL BE INSTALLED PER CITY STANDARD FUTURE DEVELOPMENT GDR ENGINEERING, INC.
(HY OTHER) ENGINEERING/SURVEYING/PLANNING
FUTURE DEVELOPMENT VENG TENTATV SURDVNON MAP
SYONE SH FOR
RON KATAKIS
DATE: 07/18/2021
0A7 312/2021
SEE SHEET 5 FOR CONNECTON
SULLIVAN ROAD
7.506 SF. 1306 St: 100.07 STREET 9 (B); 100.03 8,802 SF. 100.0Z
BE CONFIED SCHOOL DISTRACT
STREET 1
HUNT ROAD
59.24 110.02
1,087 SF. 7,315г.
1.00° Sr. 100.00% 100.00 100.00 and ser
113.81 107.03
770000 55.00 63.00° 70.00 -STREET 11 00"
1120. 63,00 130.70
STREET 8 (B) STREET 9 (A) 138.2766.77 217°55.
07.02 0,590 г. 10.00*
E 165r
110. 107.00 STREET 2
e0'3r. 110,05
63.00 100.00
40,9g 94.13 0,802
100.55
110.05
1 5000 0.458 5r.
100.00
6.04° SP 110.00' 6,850 5. г. 52 Right-of-Way (A)
107.99 107.00 110.04
0,350 S.F. 100.00 100.00 Not to Scale
8,020 5.г.
-A36 SP 100.00 110.001 a0b2 St.
6,00 g 60.00* 2030
6000 STREET TO (A) 110.04
68380 100.00°
5,000 SF.
100.00
8.330 SF. 6020 3 г.
7,585 5 F. 100.00 110.00'
SE
105.04 102.501 100.00 100:00 70' Right-of-Way (B)
STREET 9 (A) 63.50'
Street 1. 8, Not to Scole of Street 1)
64.50 100,00 s,006
6,027 SF.
106.55 100.00
0.350 SF.
100.00' 60.00
Res Sr.
105.07 8.799 5г.
6000 60.000
6. 724 5F. 100.00
86.50 10.00 70 Kiaht-o-Wav (ol
street 5 (West of Street 8)
8.043 60.00 NOTTO SCOlE
REE 100.00 STREET 17
12705r. 110.00$ 4,042 6.037 80.00
102. 100.00г 110.07
7,192% 100.001
11030. 6156-30%- 103-20 5 61.50 70.00 0,00 5r 5,000 5 F.
61.50 STREET 10(00- 100.00' 100.00*
112.42 102.58 100.00 100.00
70.63 6,037 sr.
19:00
GDR ENGINEERING, INC
ENGINEERING/SURVEYING/PLANNING
SEE SHEET 3 FOR CONTI - (4) 50.50 (RES) S8-537
STREET TELEPHONE:
111.49 115.00* 6,952 5.Р. 115.00 6.958 F. 115.01* 115.02 115,03 115.0€ 115.04 614-. 115:05 8.062 SF. No. 66134 VESTING TENTATIVE SUBDIVISION MAP 115.06
10.673 SF. FOR
RON KATAKIS
DATE: 07/15/2021
98.19 60.50" 60.50
910 10
CARNATION ROAD
SEE NOTE 1-
S HUNT ROAD
KNIEBES ROAD
MEREDITH AVENUE
- SEE NOTE 2
EXISTING PUMP STATION
GROVE AVENUE
SWEATS NES
TUB 18" SATARY SE
SULLIVAN ROAD UTURE CO: -PROPORE I
(SEE SHEET 4 FOR DETAIL)
PROJECT SITE
SEE SHEETS 3 & 4
MILLS ROAD
S HUNT ROAD
NOTES
* GUSTHE MASTER PLAN ON PARE 47 WHEN AT STAN NEE
1A RANS 7 SPR TR PERISSALED UNDER RALROAD TRACKS PER
GDR ENGINEERING, INC.
ENGINEERING/SURVEYING/PLANNING
VESTING TENTATIVE SUBDIVISION MAP
FOR
RON KATAKIS
07/16/2021
027/19/2021
CARNATION ROAD
S HUNT ROAD
KNIEBES ROAD
MEREDITH AVENUE
GUSTINE
ELEMENTARY
SCHOOL
Z: \Production \Projects\21023 Kotakis - DA Services \MAPPING FILES AND DRAWINGS\Drawings\21023 Sewer and Storm Drain Exhibits.dwg PLOT Feb 23, 2022 AT 2:49PM GROVE AVENUE 500 250 500 1000
/POINT OF CONNECTION FOR
12" WATER
SULLIVAN ROAD
'EXISTING 12" WATER
GUSTINE
MIDDLE
SCHOOL DOMESTIC WATER
LIEM UNI QUANTITES UNIT PRICE IOTAL
DOMESTIC WELL (BY CITY, COST NOT INCLUDED)
MILLS ROAD CONNECT TO EXISTING WATER SERVICE 31.00000
TOTAL
GDR ENGINEERING, Inc.
D ENGINEERING/SURVEYING/PLANNING
[email protected]
OFF-SITE MASTER PLAN FACILITIES
PROPOSED WELL DOMESTIC WATER EXHIBIT
2500
21023 02/23/20272
GP Sheet
Checked: File No. 21023
CONNECT TO EXISTING.
24" SANITARY SEWER
CARNATION ROAD
Feb 23, 2022 AT 2:48PM PROPOSED 18" SANITARY
SEWER MAIN W/MANHOLE
S HUNT ROAD
PROPOSED 18" SANITARY KNIEBES ROAD
SEWER MAIN W/ MANHOLE
EXISTING SEWER LIFT STATION
MEREDITH AVENUE
GUSTINE -INSTALLATION TO BE
ELEMENTARY UNDER RAILROAD TRACKS
GROVE AVENUE SCHOOL PER U.P.R.R. PERMIT,
INCLUDES CROSSING.
500 250 500 1000
EXISTING 18
STUB 18" SOR FUTURE CORE TENER SANITARY SEWEI
Z: \Production \Projects\21023 Kotakis - DA Services \MAPPING FILES AND DRAWINGS \Drawings\21023 Sewer and Storm Drain Exhibits.dwg PLOT PROPOSED 18" SANITARY
SEWER MAIN W/ MANHOLE
SULLIVAN ROAD
[18's
POINT OF CONNECTION FOR
SANITARY SEWER
POINT OF CONNECTION TO GUSTINE
EXISTING 18" SANITARY SEWER MIDDLE
W/ MANHOLE SCHOOL OFF-SITE SANITARY SEWER EXTENSION
LIEM UNIT QUANTITES UNIT PRICE TOTAL
18" SANITARY SEWER MAIN LF 4,600 $110 $506,000
MILLS ROAD STANDARD MANHOLE EA 20 $6,000 $120,000
24" STEEL CASING PIPE (JACK & BORE PIT) LF 110 $600 $66,000 CONNECT TO EXISTING MANHOLE EA $2,000 $4,000 GDR ENGINEERING, Inc.
REMOVE AND DISPOSE EXISTING LIFT STATION LS $50,000 $50,000 ENGINEERING/SURVEYING/PLANNING RAILROAD UTILITY CROSSING LS $22,500
·22,500 ERES, CA 9530*
TOTAL $768,500 SLE MINE 209 58-350
FAX: (209) 538-737
: [email protected]
OFF-SITE MASTER PLAN FACILITIES
SANITARY SEWER EXHIBIT
•Scale: 3500
Dwg. No. 21023 02/23/2022
Sheet
File Na 21023
CARNATION ROAD
S HUNT ROAD
KNIEBES ROAD
POINT OF CONNECTION-
FOR 12" SD FORCEMAIN
MEREDITH AVENUE
PROPOSED 12"SD FORCE
MAIN W/ MANHOLE
GUSTINE
ELEMENTARY - INSTALLATION TO BE
GROVE AVENIE SCHOOL UNDER RAILROAD TRACKS
PER U.P.R.R. PERMIT,
Z: \Production \Projects\21023 Katakis - DA Services\MAPPING FILES AND DRAWINGS \Drawings\21023 Sewer and Storm Drain Exhibits.dwg PLOT Feb 23, 2022 AT 2: 49PM INCLUDES CROSSING. 500 250 1000 500
SULLIVAN ROAD
PROPOSED 12" SD FORCE
MAIN W/ MANHOLE
GUSTINE
MIDDLE
SCHOOL
OFF-SITE STORM DRAIN EXTENSION & PUMP STATION
LIEM UNIT QUANTITES UNIT PRICE IOTAL
MILLS ROAD " STORM DRAIN FORCE MA LF 4,700 $329,000
TANDARD MANHOL EA 20 5000 $120,000 GDR ENGINEERING, Inc. 20" STEEL CASING PIPE (JACK & BORE PIT LF 110 $66,000
UMP STATION EA 1 $650,000 $650,000 ENGINEERING/SURVEYING/PLANNING LS 22,500 $22,500
PROPOSED 12" SD FORCE $1,187,500 25 MITCHELL ROAD, SUITE FAX: (2E9) 538-5377 PHONE. (209) 538-3
MAIN W/ MANHOLE
E-MAIL: [email protected]
OFF-SITE MASTER PLAN FACILITIES
STORM DRAIN EXHIBIT
Scale: =5001
SD PUMP STATION Dwg. No. 21023
GP Poto: 02023/2022
CARNATION ROAD
S HUNT ROAD
KNIEBES ROAD
MEREDITH AVENUE
GUSTINE
ELEMENTARY
SCHOOL
GROVE AVENUE
2: \Production \Projects\21023 Katakis - DA Services\MAPPING FILES AND DRAWINGS \Drawings\21023 Sewer and Storm Drain Exhibits.dwg PLOT Feb 23, 2022 AT 2:50PM 500 250 500 1000 -PEDESTRIAN
SULLIVAN ROAD CROSSWALK
-PROPOSED SULLIVAN
ROAD ROUNDABOUT
GUSTINE
MIDDLE
SCHOOL SULLIVAN ROAD ROUNDABOUT
LIEM UNIT QUANTITES UNIT PRICE IOTAL
ROUNDABOUT LS $700,000 $700,000
R/W ACQUISITON EA $5,000 $10,000
MILLS ROAD LIGHTED PEDESTRIAN CROSSING LS $100,000 $100,000 TOTAL $810,000 GDR ENGINEERING, Inc.
ENGINEERING/SURVEYING/PLANNING
-AX: (209) 538-737
[email protected]
S HUNT ROAD OFF-SITE MASTER PLAN FACILITIES
SULLIVAN ROAD ROUNDABOUT EXHIBIT
Date: 02/23/2022
Checked: File No. 21023
CARNATION ROAD
S HUNT ROAD
KNIEBES ROAD
MEREDITH AVENUE
GUSTINE
ELEMENTARY
SCHOOL
GROVE AVENUE
SULLIVAN ROAD OFF-SITES 500 250 500 1000
Z: \Production \Projects\21023 Katakis - DA Services\MAPPING FILES AND DRAWINGS \Drawings\21023 Sewer and Storm Drain Exhibits.dwg PLOT Feb 23, 2022 AT 2:49PM CURB, GUTTER, SIDEWALK, & GROVE AVENUE - 20' PAVING
5 TEMPORARY PATHWAY
HUNT ROAD OFF-SITES
SULLIVAN ROAD CURB, GUTTER, 5' SIDEWALK,
& 20' PAVING
GUSTINE MIDDLE SCHOOL OFF-SITE (SULLIVAN ROAD)
LIEM. QUANTITES UNIT PRICE IOTAL
SIDEWALK SF 5,400 $10 $54,000
CURB & GUTTER 570 $50 $28,500
MIDDLE CURB RAMP (@ SULLIVAN & HUNT) 455 $7,000 $7,000
13,000
$6 8,00
20 PAVEMENT EXTENSION 67,50
GUSTINE MIDDLE SCHOOL OFF-SITE (HUNT ROAD)
LIEM QUANTITES UNIT PRICE IOTAL
MILLS ROAD GDR ENGINEERING, Inc.
SIDEWALK SF 6,500 $10 $65,000
CURB & GUTTER LF 1,290 $50 $64,500 ENGINEERING/SURVEYING/PLANNING SF 22,500 $6 $135,000
20 PAVEMENT EXENSON $264,500 FAX 209) 38-537
[email protected]
GUSTINE ELEMENTARY OFF-SITE ON GROVE AVENUE OFF-SITE MASTER PLAN FACILITIES
S HUNT ROAD LIEM UNLI QUANTITES UNIT PRICE IOTAL GUSTINE SCHOOLS OFF-SITES EXHIBIT LS $20,000 20,00 21023 Date: 02/23/2022
S' TEMPORARY PATHWAY
0,00
PLANNING REIMBURSEMENTS AND ANNEXATION
REIMBURSEMENTS AGREEMENT RELATED TO THE
SOUTHEAST GUSTINE MASTER PLAN
This PLANNING REIMBURSMENTS AND ANNEXATION REIMBURSEMENTS
AGREEMENT RELATED TO THE SOUTHEAST GUSTINE MASTER PLAN
("'Agreement") is made this _ day of May, 2022 by and between the City of Gustine, a California municipal corporation ("City") and Ronald B. Katakis, William James Katakis, Kirk Hasserjian, Hilda V. Hasserjian, and Capital Equity Management Group, Inc., a California corporation (together, "Owners"). Owners may be collectively referred to herein as "Developer". City and Developer may be herein referred to individually as a "Party" and collectively as "Parties". There are no other parties to this Agreement.
RECITALS
A. On March 6, 2018, the City Council of City adopted Resolution No. 2018- certifying the Environmental Impact Report for the Southeast Gustine Master Plan. On March 6, 2018, the City Council of City approved Ordinance No. 483 that adopted the Southeast Gustine Master Plan and pre-zoned the lands included in the area consisting of approximately two hundred nine and nine- tenths (200.9) acres then located at the southeasterly edge of the city limits of the City and in the southeasterly portion of the City's General Plan area (the "Master Plan").
B. On March 6, 2018, the City Council of the City adopted Resolution No. 2018-_ that initiated annexation of a portion of the Master Plan Area by authorizing the City Manager to file an application with Merced LAFCO.
C. On November 1, 2018, Merced LAFCO approved the proposed Southeast Gustine Reorganization Involving Annexation to the City of Gustine and Detachment from the Central California Irrigation District (LAFCO File No. 0682) of 153.3 acres of the Master Plan area and completed the reorganization on January 17, 2019 by adopting Resolution No. 0682A (the "Southeast Gustine Reorganization").
D. Developer funded the planning entitlement process that involved matters needed to properly plan the Master Plan Area such as the Master Plan, and environmental impact report and a water supply assessment (the "Planning Costs").
E. Developer funded the annexation and detachment processes that involved matters needed to annex a portion of the Master Plan Area to the City such as 1 funding Merced LAFCO requirements for the reorganization process (the "Annexation Costs").
Developer funded the entirety of the Planning Costs and the Annexation Costs while only owning a portion of the acreage in the Master Plan Area. Developer owned and owns the lands commonly known as County of Merced APN 063- 180-029 and APN 063-180-030. The Planning Costs and the Annexation Costs benefitted and benefit not only Developer but other properties and property owners in the Master Plan Area who did not have to fund these costs during the land use entitlement and annexation processes.
G. Developer has asked City to reimburse Developer for the Planning Costs and Annexation Costs benefitting other properties and property owners by charging and collecting reimbursement monies for these properties and property owners as a condition of approval as early as in practical in their development process and promptly pay such monies to Developer as provided for in this Agreement.
H. Since not all properties in the Master Plan Area were annexed in the Southeast Gustine Reorganization, the properties and property owners owing reimbursements vary according to whether property was included or not included in that annexation. In addition, the Parties agree that previously developed parcels and parcels of less than three (3.0) acres in size in the Master Plan Area do not have significant future development potential that would warrant those parcels paying reimbursements for the Planning Costs and the Annexation Costs.
I. City staff has reviewed documentation provided by Developer and has approved One Hundred Ninety-Seven Thousand One Hundred Eighty-Two and 25/100 Dollars ($197,182.25) as the amount eligible to Developer as reimbursement for the Planning Costs, if approved by City Council. Exhibit "A" to this Agreement shows the reimbursements owed for Planning Costs by the applicable properties listed by their assessor's parcel number and their percentage of responsibility for costs paid for by Developer.
City staff has reviewed documentation provided by Developer and has approved Ten Thousand Two Hundred Fifty-Seven and 50/100 Dollars ($10,257.50) as the amount owed to Developer as reimbursement for the Annexation Costs, if approved by City Council. Exhibit "B" to this Agreement shows the reimbursements owed for Annexation Costs by the applicable properties listed by their assessor's parcel number and their percentage of responsibility for costs paid for by Developer.
2 K. Exhibit "C" to this Agreement summarizes the total amounts owed for reimbursement of the Planning Costs and the Annexation Costs and the amounts each benefitting property is responsible as reimbursements, if approved by City Council.
L. The Parties hereby agree that City shall consider the approval of a fee, the purpose of which would be to reimburse Developer for the Planning Costs and the Annexation Costs pursuant to the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the mutual promises contained herein, City and Developer hereby agree as follows:
AGREEMENT
Section 1. Recitals and Exhibits. The recitals set forth above and the exhibits referred to in this Agreement are incorporated into the Agreement as though set forth in full herein.
Section 2. Reimbursements. City agrees to consider adoption of a fee which, if approved, would be used to reimburse Developer for the Planning Costs and the Annexation Costs by collecting reimbursement monies from properties, property owners, and developers, or any combination of these, that seek to entitle projects or seek permits for projects in the Master Plan Area.
2.1 Amounts of Reimbursements. If a reimbursement fee is approved, City shall reimburse Developer for the Planning Costs in the amounts shown on Exhibit "A" for each property owing such reimbursement. City shall reimburse Developer for the Annexation Costs in the amounts shown on Exhibit "B" for each property owing such reimbursement. The amounts shown on Exhibit " A" and Exhibit "B" are the actual amounts that shall be paid to Developer. Developer is not entitled to interest on these amounts. Developer is not responsible for and will not pay any administrative or overhead charge to the City for administering these reimbursements. Should City wish to assess an administrative or overhead charge on these reimbursements, such costs shall be borne by the future properties and property owners in an amount determined by City.
2.2 Method for and Timing of Reimbursement. City shall establish a legally sound method to charge and collect reimbursements on the future properties that develop and pay those monies to Developer within fifteen (15) days of receipt by City. City shall impose a condition of approval of the first tentative subdivision or parcel map for each parcel or, if no mapping is required, as a condition of the first discretionary permit for development of each parcel the 3 obligation to pay the reimbursement costs owed by that parcel. For mapping, including without limitation, a parcel map, tentative map, or vesting tentative map, the reimbursements shall be paid to City prior to recordation of any final map or parcel map. For all other situations, including without limitation, a project requiring site plan approval, use permit approval, building permit approval or similar approval, the reimbursements shall be paid to City as early as is practicable and in any case prior to any grading permit or building permit being issued for such a project. The reimbursements owed by each parcel shown in Exhibit A, Exhibit B, and Exhibit C to this Agreement shall be paid in full in one lump sum that pays the reimbursement owed for that particular parcel in full at the earliest applicable deadline. For example, and without limitation, if phased final maps are utilized for a project, the reimbursement amount for that parcel shall be paid in full in one lump sum to City when the first final map is filed and not be allocated among multiple final maps.
2.3 Nature of Reimbursements; No Payments to Third Parties. All reimbursements due to Developer under this Agreement are personal to, and are due solely to, Developer and shall not automatically run with the land and do not accrue to successors, assigns, or other transferees of Developer unless Developer specifically agrees to such in writing and notifies City of same in writing pursuant to the notice provisions of this Agreement. All reimbursements due Developer shall be paid to Mr. Ronald B. Katakis. City shall not reimburse or pay to any third party the amounts owed to Developer for the Planning Costs and the Annexation Costs unless specifically so instructed to do so in writing by Developer,
Section 3. Term. The term of this Agreement shall commence upon approval of this Agreement by the City Council of City and shall remain in effect until all the terms and conditions contained in this Agreement have been satisfied, including the reimbursement to Developer of all amounts pursuant to subsection 2.1 of this Agreement. Notwithstanding the foregoing or any other provision of this Agreement, reimbursement to Developer shall be limited to the extent of reimbursements actually collected by City from properties and owners seeking to develop in the Southeast Area.
Section 4. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts or portions shall be remain in full force and effect.
Section 5. Notice. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (ili) on the receipt provided by FedEx, UPS or similar service. AlI notices shall be addressed as follows:
If to City: City of Gustine
Attn: City Manager
352 Fifth Street
Gustine, California 95322
Copy to: Best Best & Krieger LLP
Attn: Ann Siprelle
500 Capitol Mall, Suite 1700
Sacramento, California 95814
If to Owner: Mr. Ronald B. Katakis
1850 Arbor Way
Turlock, CA 95380
Copy to: Petrulakis Law & Advocacy, APC
Attn: George A. Petrulakis
P.O. Box 92
Modesto, California 95353
Either Party may, by notice given at any time, require subsequent notices to be given to another person entity, whethere garty or an officer representative of Pange, orall not be invalidated by the change.
Section 6. Section Headings and Subheadings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
Section 7. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Merced, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
Section 8. Governing Law and Interpretation. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of 5 California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.
Section 9. Time of Essence. Time is of essence in the performance of the provisions of this Agreement as to which time is an element.
Section 10. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure of a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.
Section 11. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and the same effect as if all of the Parties had executed the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the last day and year set forth below.
"Owners"
Ronald B. Katakis
Dated:
William James Katakis
By:
Name: Ronald Bill Katakis
Under power of attorney dated July 8, 2004
Dated:
Kirk Hasserjian
By:
Name: Ronald Bill Katakis
Under power of attorney dated July 8, 2005
6 Dated:
Hilda V. Hasserjian
By: _
Name: Ronald Bill Katakis
Under power of attorney dated July 8, 2005
Dated:
Capital Equity Management Group, a
California corporation
By:
Michael P. Tims
Its: President
Dated:
By:
Andrew Katakis
Its: VicePresident
Dated:
City
City OF GUSTINE, a California municipal
corporation
By:
Patrick Nagy
Mayor
Dated:
ATTEST:
By: _
City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
City Attorney
8 A.P.N. Acreage % Responsibility Amount Owed
A 021-062-001 7.0 AC. 4.5% $8,873.20 Notes
021-062-005 6.2 Ac. 4.0% $7,887.29 • Acreage's are per County of Merced Assessor's Maps. 021-082-009 3.2 Ac. 2.0% $3,943.65 2) Parcels less than 3.0 acres were excluded from this exhibit. 021-110-019 7.3 Ac. 4.6% $9,070.38 3 Developed parcels were excluded from this exhibit. 063-180-010 20.0 Ac. 12.8% $25,239.33 Legend
063-180-011 Master Plan Cost Reimbursement Area
8.9 Ac. 5.7% $11,239.39
063-180-015 14.8 Ac. 9.4% $18,535.13 Southeast Gustine Master Plan Area 063-180-018 16.1 Ac. 10.3% $20,309.77
063-180-029 20.0 Ac. 12.8% $25,239.33 LUE LL
Merideth Avenue
063-180-030 21.7 Ac. 13.9% $27,408.33
K 063-180-032 11.0 Ac. 7.0% $13,802.76
2 063-180-033 20.3 Ac. 13.0% $25,633.69
3 Gomes
Mello 2
3.2 Ac. 2 7.0 AC.
2 A
McKnight 3
7.3 Ac. Tosta
6.2 Ac. 2
Sullivan Road
Adams Adams
Katakis
Ent., LLC. Ent., LLC.
16.1 Ac. 14.8 AC. 21.7 Ac.
J (3
G
S. Mills Road
Katakis
20.0 Ac. Toste
2 20.0 AC.
Rasmussen
11.0 Ac. Rasmussen Gomez
20.3 Ac. 8.9 AC.
2 Noble Road
EXHIBIT A Date: 08/05/2021 Scale: NTS
GDR ENGINEERING, Inc.
D ENGINEERING/SURVEYING/PLANNING MASTER PLAN COST REIMBURSEMENT AREAS 3525 MITCHELL ROAD, SUITE G CERES, CA 95307 Drawn: HS Job No.: 21023 FOR
TELEPHONE: (209) 538-3360 FAX: (209) 538-7370
www.gdrengineering.com SOUTHEAST GUSTINE MASTER PLAN AREA Checked: JKC Sheet: 1 of 1
A.P.N. Acreage % Responsibility Amount Owed Notes
A 021-062-001 7.0 AC. 7.2% $738.54 I Acreage's are per County of Merced Assessor's Maps.
B 021-062-005 6.2 Ac. 6.4% 2 Parcels less than 3.0 acres were excluded from this exhibit. $656.48
C 021-082-009 3.2 Ac. 3.3% $338.50 3 Developed parcels were excluded from this exhibit.
D 021-110-019 7.3 Ac. 7.6% $779.57 Undeveloped parcels that are not annexed to the City were excluded from this exhibit.
063-180-029 20.0 Ac. 20.7% $2,123.30
Legend
063-180-030 21.7 Ac 22.4% $2,297.68 Annexation Boundary G 063-180-032 11.0 Ac. 11.4% $1,169.35 Annexation Cost Reimbursement Area H 063-180-033 20.3 Ac. 21.0% $2,154.08 Southeast Gustine Master Plan Area Merideth Avenue
Gomes
Mello 2 7.0 AC.
3.2 AC.® A
Grove Avenue
McKnight 3
7.3 AC. Tosta
6.2 Ac.
Sullivan Road
Katakis
21.7 AC.
S. Mills Road
RESERVED FOR
FUTURE DEVELOPMENT
Katakis
20.0 Ac.
RESERVED FOR
FUTURE DEVELOPMENT
Rasmussen
11.0 Ac. Rasmussen
G 20.3 Ac.
S. Hunt Road
Noble Road
Date: 08/05/2021 Scale: NTS
GDR ENGINEERING, Inc. EXHIBIT B
D ENGINEERING/SURVEYING/PLANNING 2019 ANNEXATION COST REIMBURSEMENT AREAS Job No.: 21023 3525 MITCHELL ROAD, SUITE G CERES, CA 95307 Drawn: HS
FOR
TELEPHONE: (209) 538-3360 FAX: (209) 538-7370
www.gdrengineering.com SOUTHEAST GUSTINE MASTER PLAN AREA Checked: JKC Sheet: 1 of 1
Property Owner A.P.N. Acreage Annexation Amount Master Plan Amount Sub Total City Admin Fee Total Gomes 021-062-001 7.0 $ 738.54 $ 8,873.20 $ 9,611.74 $ 1,441.76 $ 11,053.50 Tosta 021-062-005 6.2 $ 656.48 $ 7,887.29 $ 8,543.77 $ 1,281.57 $ 9,825.34 Mello 021-082-009 3.2 $ 338.50 $ 3,943.65 $ 4,282.15 $ 642.32 $ 4,924.47 McKnight 021-110-019 7.3 $ 779.57 $ 9,070.38 $ 9,849.95 $ 1.477.49 $ 11,327.44 Toste 063-180-010 20.0 $ - $ 25,239.33 $ 25,239.33 $ 3.785.90 $ 29,025.23 Gomez 063-180-011 8.9 $ - $ 11,239.39 $ 11,239.39 $ 1,685.91 $ 12,925.30 Adams 063-180-015 14.8 $ $ 18,535.13 $ 18,535.13 $ 2.780.27 $ 21,315.40 Adams 063-180-018 16.1 $ $ 20,309.77 $ 20,309.77 $ 3,046.47 $ 23,356.24 Katakis 063-180-029 20.0 $ 2,123.30 $ 25,239.33 $ 27,362.63 $ 4,104.39 $ 31,467.02 Katakis 063-180-030 21.7 $ 2,297.68 $ 27,408.33 $ 29,706.01 $ 4,455.90 $ 34,161.91 Rasmussen 063-180-032 11.0 $ 1.169.35 $ 13,802.76 $ 14,972.11 $ 2.245.82 $ 17,217.93 Rasmussen 063-180-033 20.3 $ 2,154.08 $ 25,633.69 $ 27,787.77 $ 4,168.17 $ 31,955.94 Total - 156.5 $ 10,257.50 197,182.25 $207,439.75 $ 31,115.96 $238,555.71 GDR ENGINEERING, Inc. EXHIBIT C Date: 08/05/2021 Scale: NTS _ ENGINEERING/SURVEYING /PLANNING COST REIMBURSEMENT TOTALS 3525 MITCHELL ROAD. SUITE G CERES, CA 95307 Drawn: HS Job No.: 21023 TELEPHONE: (209) 538-3360 FAX: (209) 538-7370 FOR
www.gdrengineering.com SOUTHEAST GUSTINE MASTER PLAN AREA Checked: JKC Sheet: 1 of 1
RESOLUTION NO. 2022-071
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GUSTINE
RECOMMENDING APPROVAL OF A VESTING TENTATIVE SUBDIVISION MAP FOR
SOUTHEAST GUSTINE DEVELOPMENT
WHEREAS, by Resolution 2018-2419 on March 6, 2018 the City Council adopted the Southeast Gustine Master Plan in conformance with the provisions of the Gustine General Plan; and
WHEREAS, Ron Katakis ("Subdivider") has filed an application for a Vesting Tentative Subdivision Map to divide 41.68 acres, property located south of Sullivan Avenue within the Southeast Gustine Master Plan area, into 157 single-family residential lots and one park/storm drainage/water well lot; and
WHEREAS, the proposed Vesting Tentative Map was received in the office of the Secretary of the Planning Commission on December 3, 2020, and was accepted for filing and deemed complete on January 4, 2020, in accordance with the provisions of the Gustine Municipal Code; and WHEREAS, copies of the proposed vesting tentative map have been sent to the Gustine Unified School District, Pacific Gas and Electric Company, Central California Irrigation District, and the City Engineer; and WHEREAS, City services, including sewer and water facilities, are available; and
WHEREAS, the area can be served by elementary schools in the Gustine Unified School District and by the City's Fire Station at 686 Third Street, about 1-1/2 miles distant; and
WHEREAS, a public hearing was held by the Planning Commission on April 27, 2022, in the Council Chambers, Gustine, California, at which hearing evidence both oral and documentary was received and considered; and WHEREAS, the Planning Commission certifies it has received and reviewed the Initial Study, Environmental Assessment No. EA/C&ED 2018-24, which concluded that the project is within the scope of the General Plan Master EIR (SCH No. 2007072023) ,and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds and determines as follows:
1. The proposed vesting tentative subdivision map, together with the provisions for its design and improvements, is consistent with the General Plan of the City of Gustine, the Southeast Gustine Master Plan, and the Subdivision Map Act of the State of California.
2. Prior to issuance of any building permit, a Precise Development Plan as required by provisions of the PD zone must be applied for and approved.
3. The discharge of waste as a result of the proposed vesting tentative subdivision map into the existing sewer system will not result in a violation of existing requirements by the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code of the State of California.
4. The proposed vesting tentative map will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158 of the Public Resources Code, which was not identified in the Master Plan EIR.
5. No new or additional mitigation measures or alternatives are required.
6. The proposed vesting tentative map is within the scope of the project covered by the Master Plan EIR.
7. All applicable policies, regulations, and mitigation measures identified in the Master Plan EIR have been applied to the proposed vesting tentative map subsequent project or otherwise made conditions of approval of the proposed vesting tentative map.
BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council approve the Vesting Tentative Map subject to the following conditions:
CEQA:
1. All development shall at all times be subject to and in conformance with the mitigation measures identified by the Southeast Gustine Final EIR and set forth in the Mitigation Monitoring and Reporting Program for the Southeast Gustine Master Plan Project (MMRP).
1.1. BIO 3.1: If construction work on a project commences between March 1 and September 15, a pre-construction survey for nesting Swainson's hawks within 0.5 miles of the construction site shall be conducted by a qualified biologist retained by the project applicant prior to the start of construction work. If active nests are found, a qualified biologist shall determine the need (if any) for temporal restrictions on construction or other protective measures. The determination shall be pursuant to criteria set forth by CDFW in its Staff Report regarding Mitigation for Impacts to Swainson's Hawks (Buteo swainsoni) in the Central Valley of California (1994). The project shall incorporate all recommended measures, including any temporal restrictions.
1.2. BIO 3.2: If construction work on a project commences between February 1 and August 31, a pre-construction survey for burrowing owls within 250 feet of the construction site shall be conducted by a qualified biologist retained by the project applicant prior to the start of construction work. If occupied burrows are found, a qualified biologist shall determine the need (if any) for temporal restrictions on construction or other protective measures. The determination shall be pursuant to criteria set forth by CDFW in its Staff Report on Burrowing Owl Mitigation (2012). The project shall incorporate all recommended measures, including any tempora restrictions.
1.3. BIO 4.1: If construction work on a project commences during the general avian nesting season from March 1 through July 31, a pre-construction survey for nesting birds shall be conducted by a qualified biologist retained by the project applicant prior to the start of construction work. If active nests are found, work in the vicinity of the nest shall be delayed until the young fledge.
1.4. CULT 1.2 and 2.2: So that potential archaeological or paleontological materials encountered during construction activity can be identified, the developer or contractor shall provide training of field personnel in identification procedures prior to construction work, such training to be carried out by a qualified cultural resources specialist. The training would consist of a mandatory pre-field meeting in which a professional archaeologist would review with equipment operators the natural and cultural history of the annexation area,
archaeological sensitivity, the most likely locations of buried cultural materials, if any, and what kinds of cultural materials would be seen if prehistoric materials are in fact unearthed and specifically how to address such discoveries and what
immediate actions to take, particularly if human remains are found.
1.5. CULT 2.3: If any subsurface cultural resources are encountered during future project construction, all construction activity in the vicinity of the encounter shall cease until a qualified archaeologist examines the materials, determines their
significance, and recommends mitigation measures that would reduce potentially significant impacts to a less than significant level, in accordance with CEQA. The City of Gustine shall be immediately notified of the discovery and the developer or its contractor shall be responsible for retaining a qualified archaeologist and for implementing recommended mitigation measures.
1.6. CULT 2.4: If human remains are encountered at any time during future project construction, all construction activity in the vicinity of the encounter shall cease, and the County Coroner and the City of Gustine shall be notified immediately. The Coroner will contact the Native American Heritage Commission if the
remains have been identified as or are suspected of being of Native American descent. The developer or its contractor shall implement the requirements of the CEQA Guidelines with
respect to human remains of Native American origin. The developer or its contractor shall retain a qualified archaeologist to evaluate the archaeological importance of the find and recommend any mitigation measures needed to reduce any
potentially significant effects to a less than significant level under CEQA. The developer shall implement those recommendations.
1.7. CULT 3.1: If paleontological resources are encountered during project construction, construction activity in the vicinity of the encounter shall cease until a qualified paleontologist examines the materials, determines their significance under CEQA, and recommends mitigation measures that would be necessary to reduce potentially significant effects to a less than significant level, in accordance with CEQA. The City of Gustine shall be immediately notified of the discovery. The developer or its contractor shall be responsible for retaining a qualified paleontologist and for implementing recommended mitigation measures.
1.8. GEO 3.1/3.2: Implemented by Condition 16.
1.9. GRG-1: The project developer shall implement the following greenhouse gas emission reduction measures: 1) The project shall install only natural gas hearths in residences, and 2) Residences on the project site shall exceed Title 24 energy efficiency targets by at least 15%.
1.10. NOISE 14.1: Hours of operation for noise-generating construction equipment shall be restricted to 7:00 AM to 7:00 PM Monday through Friday, 8:00 AM to 7:00 PM Saturday, and Sundays (with authorization from the City Council or Planning Commission), 9:00 AM to 5:00 PM, when such equipment is to be used near noise sensitive land uses.
1.11. SERV 1.1: The Precise Development Plan shall include design and implementation that promotes citizens' safety developed in consultation with the Gustine Police Department.
1.12. TRANS 1.2 is implemented through the payment of applicable Traffic Development Impact Fees as currently under
consideration for adoption.
TRANS 1.3 is implemented through the inclusion of a roundabout at the Sullivan/Grove intersection into the VTSM.
1.13. UTIL 2.1 and UTIL 5.1 are implemented into the Master Plan infrastructure required to be completed with the project.
General Conditions:
1. With recordation of a Final Map, the map shall demonstrate via note or building setback line that all rear-yard setbacks for lots that back up to Sullivan Road shall be fifteen feet, in accordance to the setback standards outlined in the City's Zoning Code.
2. Prior to Certificate of Occupancy of any structure on any lot abutting Sullivan Road, the following fences and walls shall be installed:
2.1. An eight-foot high continuous split-face decorative masonry wall with cap treatment shall be installed along Sullivan Road;
3. Prior to recordation of a Final Map, Subdivider shall provide a form of disclosure to future residents about the potential exposure to agricultural operations in the area. Such disclosure shall be placed on the Final Map and provided with deeds for each residential lot.
4. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.
5. Except as amended herein, or by reference, all development shall be in accordance with the Southeast Gustine Master Plan and the mitigation measures specified by the applicable EIR and Mitigation Monitoring and Reporting Program.
6. Prior to start of construction, all-weather, hard-surfaced roadways shall be constructed and maintained free of obstructions at all times during construction as required by City Engineer.
7. Subdivider shall, at his sole expense, defend, indemnify and hold harmless the City of Gustine, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys' fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Gustine shall promptly notify Subdivider of any such claim, action, or proceeding and shall cooperate fully in the defense.
8. Prior to the issuance of any building permit, a Precise Development Plan for the area as required by provisions of the PD zone must be applied for and approved.
9. All minimum conditions of subdivision approval in Article 6 of the City's Zoning Ordinance ("Subdivisions") are included by reference.
10. The Final Map shall comply with all provisions of the Subdivision Map Act.
11. The Final Map shall be prepared by a California licensed land surveyor or registered civil engineer and filed for City Council approval.
12. Subdivider shall provide all required documents as determined by the City Engineer for review and approval of the Final Map and recording thereof.
13. Before approval of the Final Map and recording thereof, the Subdivider shall:
a) Construct all public improvements or provide the required surety for the construction thereof for acceptance by the City Council. b) Construct or provide required surety for all irrigation improvements as required by Central California Irrigation District. c) The Subdivider shall dedicate all necessary rights of way and easements to the City of Gustine, public utility companies, and other affected agencies.
d) The Subdivider shall dedicate all public park lands, well sites, and storm basins to the City of Gustine.
14. Prior to approval of the Final Map, improvement plans for streets, utilities, drainage facilities, survey monuments, grading, and erosion control shall be prepared and submitted for the City Engineer's approval.
15. Public improvements shall conform to the latest edition of the City of Gustine Improvement Standards and any modifications thereto approved by the City Engineer in place at the time of approval of this Vesting Tentative Subdivision Map. Improvements shall conform to other City adopted documents, including the approved Southeast Gustine Master Plan and amendments thereof, General Plan, Sewer Master Plan, and Stormwater Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.
16. As part of the improvement plans, the Subdivider shall submit to the City Engineer a soils report prepared by a California registered geotechnical engineer. The soils report shall include recommendations for the structural sections for streets, excavation, compaction, clearing, grubbing requirements, percolation, water table elevation, and grading improvements for the drainage basin.
17. Prior to issuance of a Grading Permit or commencement or construction on site, the Subdivider shall prepare a Storm Water Pollution Prevention Plan (SWPPP) under the California Water Resources Control Board Order No. 2009-0009-DWQ, NPDES No. CA000002 for construction activities.
18. Prior to approval of the improvement plans, Subdivider shall prepare a pre-project water balance calculation for storm water runoff pursuant to the California Water Resources Control Board Order No. 2012-0006- DWQ, NPDES No. CA000002 for compliance with Post-Construction Standards for non-MS4 Phase I and Phase Il agencies.
19. Prior to issuance of a Grading Permit or commencement of construction on site, the Subdivider shall prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District to approve construction activities for the project if required.
20. Prior to the issuance of any grading and encroachment permits, Subdivider shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances. Improvement securities will be in accordance with standards set for in the California Subdivision Map Act and the City's Municipal Code.
21. Prior to the issuance of a building permit, Subdivider shall pay all development impact fees as specified and pursuant to the City's municipal code, ordinances, and resolutions. The fee assessment shall include all applicable fees for Municipal Facilities, Police, Fire Protection, Transportation, Water, Domestic Wastewater, Storm Drainage, and Parks. Fees shall be paid at the time of the issuance of each permit. Development Fees shall include all those fees currently under consideration by the City Council and proposed for adoption on May 17, 2022
22. The proposed parcels shall be annexed to any applicable Landscape and Lighting Maintenance District and Community Facilities District for the City of Gustine for all required and applicable assessments, or, at the City's discretion, the Subdivider will agree to, prepare and fund, formation of a new landscape and lighting maintenance district and community facilities district for the parcels.
23. Provide utility services to each lot, including electric power, gas, telephone, and cable television.
24. Construct all proposed utilities underground within the street rights of way or public utility easement. Any existing overhead lines including electric, communication and Cable TV within the public rights of way or easements fronting the subdivision, or within the proposed parcel boundaries shall be undergrounded within the street rights of way or relocated to acceptable easements as approved by the City and the affected utility companies.
25. The location and installation of mailboxes shall be approved by the US Postmaster and the City of Gustine.
26. The names for the new subdivision streets shall be provided for consideration and are subject to approval by the City Council.
27. The rights of way and easements shown on the Vesting Tentative Subdivision Map are preliminary until they are reviewed and approved by the City Engineer. The Final Map shall show final precise location of all rights of way and easements.
28. Subdivider shall coordinate and obtain all required approvals from the County of Merced, Central California Irrigation District, and any other stakeholders affected by the work.
Subdivision Public Improvements
Streets
29. Subdivider shall dedicate or cause the dedication of street right of way for the proposed roundabout and subdivision street frontage for Sullivan Road and construct street improvements pursuant to a 70-ft Street Section per the Southeast Gustine Master Plan and as approved by the City Engineer. Roadway pavement shall be widened to ultimate street width within the project frontage and transitioned to existing pavement as required. Curb, gutter, sidewalk, landscaping, decorative street lighting and other required street frontage improvements shall extend the length of the subdivision boundary. Construct all required frontage improvements per City standards or as approved by the City Engineer.
30. Subdivider shall dedicate public utility/pedestrian easement and construct street improvements for Mills Road pursuant to a 60-ft Street Section per the Southeast Gustine Master Plan and as approved by the City Engineer. Roadway pavement shall be widened to ultimate street width within the project frontage and transitioned to existing pavement as required. Curb, gutter, sidewalk, landscaping, decorative street lighting and other required street frontage improvements shall extend the length of the subdivision boundary. Construct all required frontage improvements per City standards or as approved by the City Engineer.
31. Subdivider shall dedicate street right of way and public utility/pedestrian easement for the proposed Interior Collectors and construct street improvements pursuant to a 70-ft Street Section per the Southeast Gustine Master Plan and as approved by the City Engineer.
Roadway improvements shall include, but not be limited to, pavement section, curb, gutter, sidewalk, curb ramps, driveways, decorative street lighting, landscaping, survey monuments, signage, and striping and shall conform to the City's Improvement Standards.
32. Subdivider shall dedicate street right of way and public utility/pedestrian easement for the proposed Local Roads and construct street improvements pursuant to a 52-ft Street Section per the Southeast Gustine Master Plan and as approved by the City Engineer.
Roadway improvements shall include, but not be limited to, pavement section, curb, gutter, sidewalk, curb ramps, driveways, street knuckles, decorative street lighting, landscaping, survey monuments, signage, and striping and shall conform to the City's Improvement Standards.
33. Construct the proposed roundabout to meet Highway Design Manual Figure 404.5C for California Legal Design Vehicle of 50-ft turning radius and 6-seconds lock-to-lock time for a rural arterial designation.
34. Construct street knuckles to the dimensions and curve lines as required per the City of Gustine Improvement Standards.
35. Construct all designated partial Interior Collectors and Local Roads to allow vehicle travel in each direction and to contain storm runoff within the subdivision boundary.
36. Provide sight distance at intersections of Street 9 (A) at Sullivan Rd and Street 5 (A) at Mills Road to meet City of Gustine Improvement Standards.
37. Pursuant to the Southeast Gustine Master Plan, construct temporary paved pedestrian access north from Sullivan Rd. along Grove St. to the elementary school, consistent with the provisions of the Master Plan.
38. Pursuant to the Southeast Gustine Master Plan, construct frontage improvements along the Gustine Middle School frontage of Sullivan Road.
Water System
39. Construct water mains, fire hydrants, blowoffs, sampling stations, and lateral connections as necessary to serve each lot.
40. Water services shall be sized to meet domestic and fire protection demands and shall include shutoff valves, corporation stops, and water meters. Subdivider shall incorporate water recirculation for residential sprinkler system at the water service or onsite plumbing as applicable.
41. Construct minimum 8-inch water mains on proposed subdivision streets and looped as needed to support the subdivision pursuant to the Southeast Gustine Master Plan and as approved by the City Engineer.
Pipe sizes greater than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid or as recommended from the Southeast Gustine Master Plan.
42. Construct 12-inch water main from point of connection at Sullivan Road and along Street 9 (B), Street 1 (B) and Street 8 (B) to the proposed well location at the basin site per the Southeast Gustine Master Plan.
43. Construct 12-inch water main from the proposed well location and along Street 8 (B) to the subdivision south boundary per the Southeast Gustine Master Plan.
44. Construct 12-inch water main on Mills Road to extend the length of the subdivision boundary per the Southeast Gustine Master Plan.
45. Connect proposed water main on Street 11 (A) to existing main on Sullivan Road to complete a loop per the Southeast Gustine Master Plan.
Sewer System
46. Construct sewer lines, lift stations, manholes, and lateral connections as necessary to serve each lot. Convey sanitary wastewater via a gravity flow system unless a lift station is required at points of connection due to topography restrictions.
47. Lateral connections shall include cleanouts and other requirea components per the City's Improvement Standards.
48. Construct minimum 8-inch sewer mains on proposed subdivision streets pursuant to the Southeast Gustine Master Plans and as approved by the City Engineer. Pipe sizes greater than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Southeast Gustine Master Plan.
49. Construct 10-inch sewer main from the proposed connection on Sullivan Road and along Street 9 (B), Street 1 (B), and Street 8 (B) to the subdivision south boundary per the Southeast Gustine Master Plan.
50. Construct 18-inch sewer main on Sullivan Road to extend the length of the subdivision boundary to the west and connect to the existing 18- inch sewer main to the east. Extend the 18-inch trunk sewer from the existing sewer pump station on Railroad and Meredith Avenue and along Hunt Avenue, Meredith Avenue, and Kniebes Road to connect to the existing 24-inch on Carnation Road pursuant to the South east Gustine Master Plan and as approved by the City Engineer.
Storm Drainage
51. Construct storm drain lines, manholes, drain inlets, catch basins, detention basins, outfalls, and lift stations.
52. Construct storm sewers on proposed subdivision streets as determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid and as recommended per the Southeast Gustine Master Plan and Storm Drain Master Plan.
53. All runoff from City streets shall be contained within the public rights of way or easements and conveyed to the proposed storm basin.
54. Design and construct the proposed storm basin per the City's Improvement Standards, Soils Investigation and Southeast Gustine Master Plan and as approved by the City Engineer. Basin shall be sized to handle the storm runoff from the proposed subdivision. Design shall demonstrate and construction shall implement an interim solution providing for the ultimate storm basin design for the Master Plan area.
55. Design and construct a storm pump station on a block wall-enclosed 50'x50' site with pumping capacity and equipped as required and approved by the City Engineer and pursuant to the Southeast Gustine Master Plan.
56: Construct 12-inch storm drain force main from the storm pump station and along Street 8 (B), Street 5 (A), Street 11 (A), Sullivan Road, Hunt Road, and Railroad Avenue to connect at the existing 42-inch irrigation pipeline on Meredith Avenue pursuant to the Southeast Gustine Master Plan and as approved by the City Engineer. Construct connection to irrigation pipe as required and approved by the Central California Irrigation District.
57. Subdivider shall dedicate the park/storm basin/water well parcel to the City of Gustine for public use.
58. The basin area including side slopes and floor shall be provided with grass and irrigation at all phases.
City Park Improvements
59. Subdivider shall dedicate the park/storm drain/water well parcel to the City of Gustine for public use.
BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d) (1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.
BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on April 27, 2022, and that if a protest is not filed within this (90) ninety day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.
BE IT FURTHER RESOLVED by the Planning Commission that the Secretary of the Planning Commission is hereby directed to file with the Merced County Clerk a Notice of Determination in regard to the environmental impact of the proposed subdivision.
The foregoing resolution was introduced at the regular meeting of the Planning Commission held on April 27, 2022, by Commissioner Gomes who moved its adoption, which motion was seconded by Commissioner Lackey and carried by the following vote:
AYES: Lackey, Gomes, Marsigli, Gandy
NOES: None
ABSTAIN: None
ABSENT: Giles
City Clerk Planning Commission Chairman
& CITY ALIFOR
ITEM NO. 7
COUNCIL AGENDA ITEM
MAY 17, 2022
PREPAREd BY: Jas Birring, Finance Director
SUBJECT: Receive and accept the Single Audit Report for Fiscal Year ending June 30, 2021
BACKGROUND/DISCUSSION
The Single Audit, also known as the OMB Uniform Guidance, is an organization-wide audit of an entity that expends $750,000 or more in federal financial assistance annually. Local governments are required to obtain an audit pursuant to the Federal Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507). To comply with this mandate, the City has contracted with an independent auditor to conduct the audit.
The audit is performed in accordance with Generally Accepted Governmental Auditing Standards and are an assessment of internal controls over federal programs, a test of how those controls are working, and tests for compliance with federal requirements.
The City contracted with independent accounting firm R.J. Ricardi to perform the Fiscal Year 2020-21 Single Audit and the auditors have stated in the attached report that there are no financial statement findings.
FISCAL IMPACT
Acceptance of this report does not have a fiscal impact.
RECOMMENDATION
Staff recommends the City Council receive and accept the Single Audit Report for Fiscal Year ending June 30, 2021.
EXHIBIT(S)
A) Single Audit Report for Fiscal Year ending June 30, 2021 APPROVED BY:_
• Brad Kliger, Interim City Manager
for
CITY OF GUSTINE
GUSTINE, CALIFORNIA
SINGLE AUDIT REPORT
JUNE 30, 2021
TABLE OF CONTENTS
„PAGE
Independent Auditors' Report on Internal Control
Over Financial Reporting and on Compliance and Other
Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards 1-2 Independent Auditors' Report on Compliance for Each Major Program and on Internal Control Over Compliance
Required by the Uniform Guidance 3-4
Schedule of Expenditures of Federal Awards 5
Notes to the Schedule of Expenditures of Federal Awards 6-7 Schedule of Findings and Questioned Costs 8
Status of Prior Year Findings and Recommendations 9
R. J. RICCIARDI, INC.
CERTIFIED PUBLIC ACCOUNTANTS
INDEPENDENT AUDITORS' REPORT ON
INTERNAL CONTROL OVER FINANCIAL
REPORTING AND ON COMPLIANCE AND
OTHER MATTERS BASED ON AN AUDIT OF
EINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT
AUDITING STANDARDS
Board of Directors
City of Gustine
Gustine, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of City of Gustine which comprise the statement of net position as of June 30, 2021, and the related statement of activities for the year then ended, and the related notes to the financial statements, which collectively comprise City of Gustine's basic financial statements, and have issued our report thereon dated December 1, 2021.
Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered City of Gustine's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of Gustine's internal control. Accordingly, we do not express an opinion on the effectiveness of City of Gustine's internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether City of Gustine's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. - 1 -
1101 FIFTH AVENUE, SUITE 360 SAN RAFAEL, CA 94901 TEL (415) 457-1215 FAX (415) 457-6735 www.rircpa.com Board of Directors
City of Gustine - Page 2
Purpose of this Report
The purpose of this report is solely to describe the scope ot our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of City of Gustine's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City of Gustine's internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
R.J. Ricciardi, Inc.
R. J. Ricciardi, Inc.
Certified Public Accountants
San Rafael, California
December 1, 2021
- 2-
R. J. RICCIARDI, INC.
CERTIFIED PUBLIC ACCOUNTANTS
INDEPENDENT AUDITORS' REPORT
ON COMPLIANCE FOR EACH MAJOR
PROGRAM AND ON INTERNAL CONTROL
OVER COMPLIANCE REQUIRED BY THE
UNIFORM GUIDANCE
Board of Directors
City of Gustine
Gustine, California
Report on Compliance for Each Major Federal Program
We have audited City of Gustine's compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of City of Gustine's major federal programs for the year ended June 30, 2021. City of Gustine's major federal programs are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs.
Management's Responsibility
Management is responsible for compliance with federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs.
Auditor's Responsibility
Our responsibility is to express an opinion on compliance for each of City of Gustine's major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about City of Gustine's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.
We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program.
However, our audit does not provide a legal determination of City of Gustine's compliance.
Opinion on Each Major Federal Program
In our opinion, City of Gustine complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021.
Report on Internal Control Over Compliance
Management of City of Gustine is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered City of Gustine's internal control over compliance with the type of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City of Gustine's internal control over compliance. - 3-
1101 FIFTH AVENUE, SUITE 360 SAN RAFAEL, CA 94901 TEL (415) 457-1215 FAx 415) 457-6735 www.rjrcpa.com Board of Directors
City of Gustine - Page 2
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance.
Accordingly, this report is not suitable for any other purpose.
Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities and cach major fund, and the aggregate remaining fund information of City of Gustine as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise 's basic financial statements. We issued our report thereon dated December 1, 2021, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements.
The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated, in all material respects, in relation to the basic financial statements as a whole.
RD. Ricciardi, Inc.
R.J. Ricciardi, Inc.
Certified Public Accountants
San Rafael, California
March 31, 2022
- 4-
City of Gustine
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
For the Year Ended June 30, 2021
Federal Grantor/
Assistance Pass-Through
Listing Entity Grant
Federal Financial Assistance Number Number Expenditures U.S. Department of Transportation:
Passed through the State of California Department of Transportation:
Highway Planning and Construction*
Construct Roundabout on SR-140/33 20.205 CML-5230(003) $ 38,765 Construct Class 1 Bike/Pedestrian Trail Schmidt Park Phase I 20.205 CML-5230(007) 211,512 Construct Schmidt Park Phase II Multiuse Path 20.205 CML-5230(009) 281,211 Construct Meredith Avenue Phase I Multiuse Path 20.205 CML-5230(010) 396,143 Construct Meredith Avenue Multiuse Pedestrian and Bike Path Phase II 20.205 CML-5230(011) 380,421 Subtotal Highway Planning and Construction Cluster 1,308,052 Passed through the State of California Office of Traffic Safety:
Selective Traffic Enforcement Program (STEP) Highway Safety Cluster 20.600 PT21156 9,535 Federal Aviation Administration:
Airport Improvement Program:
East Side Drainage Improvements 20.106 3-06-0096-014-2019. 30,000 Total U.S. Department of Transportation 1,347,587
U.S. Department of Homeland Security:
Federal Emergency Management Agency (FEMA):
Fiscal Year 2018 Assistance to Firefighters Grant (AFG) 97.044 EMW-2018-FV-01118_ 618,434 Total U.S. Department of Homeland Security 618,434
U.S. Department of Treasury:
Passed through the State of California Coronavirus State & Local Fiscal Recovery Coronavirus Relief Funds 21.019 SLT-3151 33,033
Total U.S. Department of Treasury 33,033
U.S. Department of Justice:
Office of Community Oriented Policing Services:
COPS Hiring Program (CHP) Public Safety Partnership and Community Policing 16.710 2017UMWX0130 Grant 12,846
Total U.S. Department of Justice 12,846
Total Expenditures of Federal Awards 2,011,900
* Major program
- 5-
City of Gustine
NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS June 30, 2021
NOTE 1 - BASIS OF PRESENTATION
The accompanying Schedule of Expenditures of Federal Awards (the Schedule) includes the federal grant activity of City of Gustine under programs of the federal government for the year ended June 30, 2021. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of City of Gustine, it is not intended to, and does not, present the financial position, changes in net position, or cash flows of City of Gustine.
NOTE 2 - BASIS OF ACCOUNTING
Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements, regardless of the measurement tocus applied The accompanying Schedule is presented using the modified accrual basis of accounting for grants accounted for in the governmental fund types and the accrual basis of accounting for grants counted for in the proprietary fund types, as described in the notes to the City of Gustine' inancial statements. Such expenditures are recognized following the cost principles contained i the Uniform Guidance, wherein certain types of expenditures are not allowed or are limited as to reimbursements.
NOTE 3 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance.
NOTE 4 - FEDERAL ASSISTANCE LISTING NUMBERS (FALN)
The FALN number included in the accompanying Schedule was determined based on the program name, review of the award contract, and the Office of Management and Budget's Catalog of Federal Assistance Listings.
NOTE 5 - INDIRECT COSTS
City of Gustine elected not to use the 10% de minimis cost rate as covered in the Uniform Guidance Part 200.414 Indirect (F&A) Costs.
NOTE 6 - RELATIONSHIP TO FEDERAL FINANCIAL REPORTS
The amounts reported in the accompanying Schedule agree or can be reconciled with amounts reported in the related federal financial assistance reports.
NOTE 7 - RELATIONSHIP TO BASIC FINANCIAL STATEMENTS
The amounts reported in the accompanying Schedule agree or can be reconciled with amounts reported in the City of Gustine's basic financial statements. - 6-
City of Gustine
NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS June 30, 2021
NOTE 8 - PASS-THROUGH ENTITIES' IDENTIFYING NUMBER
When federal awards were received from a pass-through entity, the Schedule shows, if available, - 7 -
City of Gustine
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
For the Year Ended June 30, 2021
Section I - Summary of Auditors' Results
1. Type of auditors' report issued: Unmodified
2. Internal control over financial reporting:
A. Material weaknesses) identified? No
. Significant deficiencies identified that were not considered to be material weakness(es)? None reporte :. Noncompliance material to financial statements noted. N
3. Internal control over major programs:
A. Material weaknesses) identified? No
B. Significant deficiencies identified that were not considered to be material weaknesses)? None reported C. Type of auditors' report issued on compliance for major programs: Unmodified D. Any audit findings disclosed that are required to be reported in accordance with Uniform Guidance? No Audited as Major Programs:
Federal Assistance
Listing Number Federal Program Name or Cluster Amount
20.205 Highway Planning and Construction Cluster $1,308,052
5. Dollar threshold used to distinguish between type A and type B programs: $750,000
6. Auditee qualified as a low risk auditee? No
Section II - Financial Statement Findings
There were no financial statement findings.
Section III - Federal Award Findings and Questioned Costs There were no federal award findings and questioned costs. - 8 -
City of Gustine
STATUS OF PRIOR YEAR FINDINGS AND RECOMMENDATIONS
For the Year Ended June 30, 2021
Recommendation Status/Explanation
There were no prior year findings or recommendations.
- 9 -
ITEM NO. 8
COUNCIL AGENDA ITEM
MAY 17, 2022
PREPARED BY: Melanie Correa, Administrative Services Director Joshua Nelson, City Attorney
SUBJECT: First Reading of Ordinance Amending Chapter 11-3 of the Gustine Municipal Code Relating to Solid Waste
BACKGROUND/DISCUSSION:
Senate Bill (SB) 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery ('CalRecycle") to adopt regulations to reduce organic waste statewide by 50% from its 2014 baseline level by 2020 and 75% by 2025. SB 1383 also requires the regulations to recover, for human consumption, at least 20%of edible food that is currently thrown away. The purpose of SB 1383 is to reduce methane and greenhouse gas emissions resulting from landfilled organic waste, and the impact on climate change. The regulations promulgated by CalRecycle to implement SB 1383 (the "SB 1383 Regulations") were finalized in late 2020 and took effect on January 1, 2022.
The SB 1383 Regulations require the City to adopt and enforce an ordinance to implement the SB 1383 Regulations (this "SB 1383 Ordinance") by January 1, 2022.
SB 619
Senate Bill 619. (Chapter 508, Statutes of 2021) created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the SB 1383 Regulations for the 2022 calendar year, including the failure to timely adopt a SB 1383 Ordinance. At its March 1, 2022 meeting, the City Council adopted a resolution adopting the Notification of Intent to Comply to address the delayed adoption of the SB 1383 Ordinance.
Organic Waste Collection Requirements
The SB 1383 Ordinance will require all residents and businesses to subscribe to organic waste collection services. The City recently approved a new franchise agreement with Mid Valley Disposal and is in the process of adopting new garbage rates. As part of that new franchise, the City will be transitioning to a three-cart system where food waste will be commingled with green waste in the green cart. The proposed ordinance captures this new process.
The Ordinance also requires education and outreach to individuals and businesses who generate waste on how they can properly sort materials for collection, the implementation of an edible food recovery program, inspections to ensure compliance with the SB 1383 Regulations, and enforcement for non-compliance with the SB 1383 Regulations.
Education and Outreach Requirements
• Businesses and multi-family buildings must acquire and supply an adequate number of labeled, color-specific containers for employees, contractors, tenants, and customers, and educate employees and tenants about proper sorting. • The education and outreach period is from January 1, 2022, through December 31, 2023, and educational materials must be provided to generators who do not comply with the requirements.
Edible Food Recovery Program
• The City must develop and implement an edible food recovery program that recovers edible food from commercial edible food generators for human consumption.
• Commercial edible food generators must enter into written agreements with food recovery organizations and services, and the entities must keep specified records.
Inspection and Enforcement
• The City must inspect and enforce the requirements in the Ordinance. The penalties for violations are consistent with the City's penalties for other ordinance violations.
• The City must provide educational materials, issue notice of violations, and issue administrative citations for violations of the Ordinance as specified • The focus will be on education and outreach in 2022 and 2023. Penalties for non- compliance will be imposed after January 1, 2024.
Other SB 1383 Requirements
The SB 1383 Regulations require the City to adopt enforceable requirements to comply with specified provisions of the California Green Building Standards Code (CALGreen) and the State Model Water Efficient Landscape Ordinance ("'MWELO"), unless they already have such an enforceable mechanism in place.
The City has already adopted the 2019 CALGreen and Section 6-2-42 of the Gustine Municipal Code requires compliance with the MWELO. • The City must procure recycled content paper in accordance with existing state laws, and procure recovered organic waste products (i.e., compost, mulch, electricity generated from biomass conversion, and renewable natural gas) at levels prescribed by the state annually.
FISCAL IMPACT:
Customers will pay for recent changes to the solid waste collection services, in accordance with the rate schedule recently included in the Mid Valley solid waste franchise.
RECOMMENDATION:
Staff recommends the City Council introduce and waive first reading of Ordinance amending Chapter 11-3 of the Gustine Municipal Code relating to Solid Waste.
EXHIBITS:
A) Proposed Ordinance
APPROVED BY:
Brad Kliger, Interim City Manager
for
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUSTINE AMENDING CHAPTER 3 OF TITLE 11 OF THE GUSTINE MUNICIPAL CODE REGARDING SOLID WASTE
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery ("CalRecycle") to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and
WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away; and WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations ("SB 1383 Regulations"); and
WHEREAS, the SB 1383 Regulations took effect January 1, 2022, and require the City of Gustine to adopt an ordinance to enforce the SB 1383 Regulations; and WHEREAS, the City Council desires to amend its Solid Waste Ordinance to comply with the SB 1383 Regulations.
NOW THEREFORE, the City Council of the City of Gustine does ordain as follows:
Section 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Chapter 3, Title 11 of the Gustine, California Municipal Code is hereby amended in its entirety as set forth in Exhibit A, incorporated by this reference.
Section 3. CEQA Findings. The City Council finds that this ordinance is not subject to the requirements of California Environmental Quality Act ("CEQA") because adoption of the Ordinance is not a "project" within the meaning of Section 15378(b)(5) of the State CEQA Guidelines (organization or administrative activities of governments not a project).
Section 4. Severability. If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.
Section 5. Publication. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of Gustine, and 28859.00009134900567.1
shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.
Section 6. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its adoption.
INTRODUCED on the 125th day of MarchMay, 2022, and PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gustine on this _ day of _, 2022 with the following vote::
ATTEST:
Melanie Correa, City Clerk of the City of Pat Nagy, Mayor of the City of Gustine, California -Gustine, California
28859.00009\34900567.1
STATE OF CALIFORNIA +
COUNTY OF MERCED +
CITY OF GUSTINE +
1, Melanie Correa, City Clerk of the City of Gustine,
California, hereby certify the foregoing Ordinance was introduced on the day of _ -2022 and second reading and adoption was
approved on the _day of - 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
MAYOR, PAT NAGY
ATTEST:
CITY CLERK, MELANIE CORREA
28859.00009\34900567.1
EXHIBIT A
Chapter 3
SOLID WASTE
11-3-1 - Definitions.
11-3-3 - Enforcement of Chapter Provisions; Right of Entry. 11-3-4 - Receptacles Confainers Generally.
11-3-5 - Tampering with Receptacles; Prohibition on Scavenging. 11-3-6 - Placing Dead Animals and Birds in Receptacles. 11-3-7 - Collection Removal of Garbage Solid Waste by Unauthorized Persons. 11-3-9 - Charges.
11-3-10 - Requirements for Single-Family Generators.
11-3-11 - Requirements for Commercial Businesses.
11-3-12 - Waivers for Generators.
11-3-13 - Requirements for Commercial Edible Food Generators. 11-3-14 - Requirements for Food Recovery Organizations and Services. 11-3-15 - Provisions for Self-Haulers.
11-3-16 - Requirements for Haulers and Facility Operators. 11-3-17 - Inspections and Investigations.
11-3-18 - Violations.
28859.00009\34900567.1
11-3-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AB 939 means the California Integrated Waste Management Act of 1989, codified in part in Public Resources Code Section 40000 et seq., as amended, and as implemented by the regulations of CalRecycle, or its successor.
Business means a Commercial entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or non-profit entity, or a Multi-Family Residential Dwelling.
C&D Debris or Construction and Demolition Debris shall have the same meaning as described in Section 8.68.020.
CalRecycle means the California Department of Resources Recycling and Recovery.
CCR means the California Code of Regulations.
City means the City of Gustine, California.
City Council means the City Council of Gustine, California.
Collect or Collection means to take physical possession, transport, and remove Solid Waste, targeted Recyclable Materials, Organic Materials, or other materials within and from the City.
Combustible and semicombustible waste matter means papers, boxes, rags, clothing, old shoes, tree and shrub trimmings, dead flowers, lawn cuttings, feathers, and similar materials.
Commercial or Commercial Business means a business, industrial, or Commercial establishment, or construction site, and any Multi-Family Residential Dwelling with five (5) units.
Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a) (73) and (a) (74).
Commercial Premises means all Premises in the City, other than Residential Premises, where Solid Waste, including Recyclable Materials and Organic Waste, is generated or accumulated. The term "Commercial premises" includes, but is not limited to, stores; restaurants; rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing, or assembling shops or plants; hospitals; clinics; and nursing homes.
Community Composting means any activity that composts Yard Waste, green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). 28859.00009\34900567.1
Compliance Review means a review of records by the City to determine compliance with this chapter.
Compost has the same meaning as in 14CCR Section Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the Solid Waste stream, or which are separated at a centralized facility.
Container or Containers shall mean the containers, including bins, and carts, distributed by a Franchise Hauler for the collection of Solid Waste, including Recyclable Materials and Organic Waste.
Container Contamination or Contaminated Container means a Container that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a) (55).
County means the County of Merced.
Customer shall mean any person or entity receiving Solid Waste Handling Services from a Solid Waste Enterprise, including Recyclable Material and Organic Waste Collection services and/or temporary Bin/roll-off services, within the City.
Designated Source Separated Organic Waste Facility, as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a) (26.6) and complies with one of the following:
1. The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a) (62). that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream. a. If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility.
2. The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that, pursuant to the reports submitted under 14 CCR Section 18815.7, demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5. a. If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c) (2) or 17409.5.8(c) (3) for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility." For purposes of this 28859.00009L34900567.1
chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
Designee means an entity with which the City contracts or otherwise arranges to carry out any of the City's responsibilities under this chapter, as authorized in 14 CCR Section 18981.2, including but not limited to a government entity, a hauler, a private entity, or a combination thereof.
Dwelling means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "dwelling" does not include hospitals, hotels, motels, nursing homes, or convalescent centers.
Edible Food means food intended for human consumption, 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.
Enforcement Action means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Enforcement Officer means the City Manager, County administrative official, chief operating officer, executive director, public works director, or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.
Excluded Waste means hazardous substance, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operators), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or chapter, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in City's or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose City, or its Designee, to potential liability: but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single- Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, Recycling, treatment and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
Food Distributor means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a) (22).
Food Facility has the same meaning as in Section 113789 of the Health and Safety Code.
Food Recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a) (24).
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Food Recovery Organization means 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;
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.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a) (7). If the definition in 14 CCR Section 18982(a) (25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
Food Recovery Service means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).
Food Scraps means all food such as, but not limited to, fruits, vegetables, meat. poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
Food Service Provider means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
Food-Soiled Paper means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
Food Waste means Food Scraps separated from Solid Waste and offered for collection by a Franchise Hauler, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal and vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs; and (ii) paper waste contaminated with food waste.
Franchise Hauler shall mean any Solid Waste Enterprise with which the City enters an exclusive or non-exclusive franchise agreement to provide Solid Waste Handling Services within the City.
Garbage means all animal and vegetable refuse from the kitchen. Household waste which shall have been prepared for or intended to be used as food or shall have resulted from the preparation of foodstuffs intended for human consumption shall be handled commercially.
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Generator means any Person or other entity who is responsible for the initial creation of Solid Waste.
Grocery Store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry: and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a) (30).
Hauler Route means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
Hazardous Waste means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. It shall also include all wastes so defined by the California Health and Safety Code including "infectious waste."
Inspection means a site visit where the City or its Designee reviews records.
Containers, and an entity's collection, handling, Recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with the requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a) (35).
Large Event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a) (38) differs from this definition, the definition in 14 CCR Section 18982(a) (38) shall apply to this chapter.
Large Venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a) (39) differs from this definition, the definition 'in 14 CCR Section 18982(a) (39) shall apply to this chapter.
Local Education Agency means a school district, charter school, or county office of education that is not subject to the control of City regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a) (40).
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Multi-Family Dwelling or Multi-Family Residential Dwelling means a Residential structure with five (5) or more residences.
Noncombustible Waste mMatter means bottles, cans, wire, broken glass, and similar materials.
Notice of Violation or NOV means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
Organic Materials, Organic Waste, or Organics means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, Yard Waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a) (46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
Organic Waste includes, but is not limited to, Food Scraps, Food-Soiled Paper, and Yard Waste.
Organic Waste Container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Waste.
Person means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.
Premises means every dwelling house, dwelling unit, apartment house, or multiple- dwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing, or assembling shop or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the City. "Recyclable Materials" shall mean all garbage, trash, refuse, Construction And Demolition Debris, and any other Solid Waste discarded within City limits, which is capable of being Recycled, whether generated from or at Residential or Commercial Premises, or otherwise.
Prohibited Container Contaminants means the following: (i) discarded materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the City's Recyclable Materials Container; (i) discarded materials placed in the Organic Waste Container that are not identified as acceptable Source Separated Organic Materials for the City's Organic Waste Container: (ili) discarded materials placed in the Refuse Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Materials to be placed in City's Organic Materials Container and/or Recyclable Materials Container; and (iv) Excluded Waste or Hazardous Waste placed in any Container.
Recyclable Materials or Recyclables means materials that can be Source Separated from Solid Waste and Organic Materials prior to collection for the purpose of returning these materials to the economic mainstream in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. "Recyclable Materials" include any materials identified by the agency that can be feasibly collected and marketed for Recycling by the City's 28859.00009\34900567.1
Franchise Hauler, including, but not limited to, paper and paper products, chipboard, cardboard, plastic food and beverage containers, glass jars and bottles, aluminum, tin. and bimetal cans.
Recyclable Materials Container has the same meaning as in 14 CCR Section 18982.2(a) (5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.
Recycle or Recycling means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise be disposed of, and then returning these materials to the economic mainstream in the form of raw materials for use or reuse as new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace as defined in Public Resources Code Section 40180. "Recycling" does not include burning, incinerating, or thermally destroying Solid Waste, as defined in Public Resources Code Section 40201. The City shall specify additional materials covered under this chapter at its discretion.
Refuse shall have the same meaning as "Solid Waste."
Refuse Container has the same meaning as in 14 CCR Section 18982.2(a) (28) and shall be used for the purpose of storage and collection of Refuse or Solid Waste.
Route Review means a visual Inspection of Containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a) (675).
SB 1383 means Senate Bill 1383 (Chapter 395, Statutes of 2016).
SB 1383 Regulations means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CaRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
Self-Hauler means a Person, who hauls Solid Waste, Recyclable Materials, or Organic Waste, that he or she has generated to an appropriate processing facility. Self- Hauler also includes a person who Back-Hauls waste, or as otherwise defined in 14 CCR Section 18982(a) (66). "Back-Haul" means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a) (66)(A).
Solid Waste shall mean and include all discarded putrescible and nonputrescible Solid, semisolid, and liquid Wastes, including garbage, trash, Refuse, rubbish, construction waste, Yard Waste, demolition debris, industrial waste, Organic Waste, Bulky Items, and any other discarded Solid, semisolid, and liquid Waste permitted to be disposed of at a Class Ill landfill and which is included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as amended.
Solid Waste Enterprise shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing Solid Waste Handling Services.
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Solid Waste Handling Services shall mean the collection, transportation, storage. transfer, disposal or processing of Solid Waste for compensation.
State means the State of California.
Temporary bin/roll-off service shall mean on-call Solid Waste Handling Services provided on an as-needed and temporary basis by use of temporarily-placed Bins, regardless of whether or not such Bins are actually placed upon any street or property within the City or left attached to the vehicle used to transport such Bins.
Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one or more of the following:
1. Supermarket.
2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
3. Food Service Provider.
4. Food Distributor.
5. Wholesale Food Vendor.
Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one or more 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.
Wholesale Food Vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a) (76).
Yard Waste means Organic Waste generated from the maintenance or alteration of landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.
11-3-2. Authority of Council to Provide Regulations by Resolution.
The eCity Council, by resolution, may provide such additional rules and regulations as it may deem necessary or advisable to accomplish the intent and purpose of this chapter.
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11-3-3. Enforcement of Chapter Provisions; Right of Entry.
All members of the police department and the health officer are hereby specifically required to enforce the provisions of this chapter and shall have the right to enter upon all Premises, except within private dwelling Dwellingshouses, for the purpose of ascertaining the sanitary condition of such premises and whether the provisions of this chapter are being compiled with.
11-3-4. Receptacles Container Generally.
(a) The eCity, through its Franchise Hauler, provides each Commercial Business with, at a minimum, three Containers, one for Organic Materials, one for Recyclable Materials, and one for Refuse a supplied receptacle. Pursuant to the terms of the City's franchise agreement with its Franchise Hauler, Commercial Businesses may request or order additional Containers and compactors. (b) The eCity, through its Franchise Hauler, provides each Residential Customerhouse with two-three e Containers, one for green wasteOrganic Materials, one for Recyclable Materials, and one for regular trashRefuse. They will be on wheels and very easy toeasily maneuverable. The Containers remain the property of the eCity and will staremain y with the house Premises should you a Generator move. The Containers are registered to the property address by usingvia the a serial number marked on the Container. The green containerOrganic Materials Container is for yard waste Organic Waste for the purposesuitable offor Composting, the Recyclable Materials Container is for Recyclable Materials suitable for Recycling, and the brown containerRefuse Container is for all other Solid Wastehousehold garbage only.
(c) It shall be unlawful for any Person to deposit, keep, or accumulate, or cause or permit to be deposited, kept or cause to be kept, or accumulated, any garbage Solid Waste in or upon any lot or parcel of land or any public or private drive, alley, or street, or any house, store, restaurant, or other place in the city unless such Solid Wastegarbage shall be enclosed in the plastic receptaclesa Container supplied by the c City.
(d) Each such Containerreceptacle shall be kept in a convenient place easily accessible to the City's Franchise Haulers)ersons engaged in the business of :
collecting garbage.
11-3-5. Tampering with ReceptaclesContainers; Scavenging Prohibited.
It shall be unlawful for any Person other than (1) the owner Generator and/or owner of the Solid Waste in question, or (2) any officer or any employee of the cCity.. and its Designee to interfere in any manner with any Containerreceptacle used for the accumulation or handling of Solid Wastegarbage, or to remove any such receptacle 28859.00009\34900567.1
Container from the location where it shall have been placed by the Generator, owner, or other person lawfully in control thereof, or to remove the contents from any such receptacleContainer.
11-3-6. Placing Dead Animals and Birds in Receptacles.
It shall be unlawful for any Pperson to place, or cause or permit to be placed, in any receptacle Container in which Solid Wastegarbage is placed for e Collection, any dead animals or birds.
11-3-7. Removal Collection of Solid Waste Garbage by Unauthorized Persons.
It shall be unlawful for any person to collect, remove, or convey, or cause or permit to be collected, removed, or conveyed, any Solid Wastegarbage upon or along any public street, alley, or other public place in the City; provided, however, that the provisions of this section shall not apply to any person under contract with the Ceity for the purpose of collecting or removing garbageengaging in Solid Waste Handling Services.
11-3-8. Burying and Burning GarbageSolid Waste.
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(a) Burying. It shall be unlawful for any person to place or bury garbage Solid Waste in any hole or excavation.
(b) Burning. It shall be unlawful for any Pperson to cause or permit to be burned any Solid Wastegarbage.
11-3-9. Charges.
(a) The City eCouncil shall from time to time prescribe by resolution the rates to be charged for the hauling of garbageSolid Waste Handling Services. Such charges made to the residents and business houses of the city shall be fair and reasonable at all times and shall be based on the quantity of garbage Solid Waste required to be hauled from a particular Generator or class of Generators. (b) A charge shall be cellected fromassessed against all occupied Premises within the City for the e Collection, removal, and disposal of Solid Waste, includinggarbage and Noncombustible wWaste Mmatter and for the inspections of premises by the City's health officer, with such chargeas fixed by resolution of the City Council. Such charges shall be for making sanitary inspections of Premises and for the Collection and removal of Solid Waste, includinggarbage and aNoncombustible Waste matter, resulting from other than normal use of occupied Premises. This provision shall not be construed as preventing the eCity from imposing reasonable extra charges for suchthe special inspection work or for the removal of excessive amounts of garbage Solid Waste, andincluding ANoncombustible wWaste mMatter. In the event of a dispute, the City Council shall determine and order the number of times Solid Wastegarbage and Noncombustible Wwaste mMatter shall be removed from the occupied Premises.
(c) Such charges shall be paid to the eCity, and all established rules and regulations for the assessmentcollection of water bills, shall apply in every particular in the collection assessment and collection of garbage Solid Waste and noncombustible waste matter bills.
(d)(c)
11-3-10. Requirements for Single-Family Generators.
Single Family Organic Waste Generators shall comply with the following requirements:
(1) Subscribe to the City's three-Container Collection services. The City shall have the right to review the number and size of a Generator's Containers to evaluate adequacy of capacity provided for each type of Collection service for proper Source Separation and containment of materials; and 28859.00009\34900567.1|
Single-Family Generators shall adjust their service levels for their Collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste. managing Organic Waste through backyard Residential Composting, and/or using a Community Composting site.
(2) Participate in the City's three-Container Collection service(s) by placing Source Separated Organic Waste, including Food Waste, in the Organic Waste Container, all Recyclable Materials in the Recyclable Materials Container, and all Refuse in the Refuse Container. Generator shall not place materials designated for the Refuse Container into the Organic Waste Container or Recyclable Materials Container, nor materials designated for the Organic Waste Container or Recyclable Materials Container, respectively, into the Refuse Container.
11-3-11. Requirements for Commercial Businesses.
Commercial Businesses, including Multi-Family Residential Dwellings, shall comply with the following requirements:
11) Subscribe to the City's three-Container Collection services and comply with requirements of those services as described below in Section 11-3- 11(2), except Commercial Businesses that meet the Self-Hauler requirements of this chapter. The City shall have the right to review the number and size of a Generator's Containers to evaluate adequacy of capacity provided for each type of Collection service for proper Source Separation and containment of materials; and Commercial Businesses shall adjust their service levels for their Collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential Composting, and/or using a Community Composting site.
(2) Except Commercial Businesses that meet the Self-Hauler requirements of this chapter, participate in the City's three-Container Collection services by placing Source Separated Organic Waste, including Food Waste, in the Organic Waste Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Refuse in the Refuse Container.
Generator shall not place materials designated for the Refuse Container into the Organic Waste Container or Recyclable Materials Container, nor materials designated for the Organic Waste Container or Recyclable Materials Container, respectively, into the Refuse Container. 28859.00009134900567.1
(3) Supply and allow access to adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Sections 8.20.140(A)(4) (i) and 8.20.140(A) (4) (i) below) for employees, contractors, tenants, and Customers, consistent with City's Recyclable Materials Container, Organic Waste Container, and Refuse Container Collection service or, if Self-Hauling, per the Commercial Businesses' instructions to support its compliance with its Self-Haul program, in accordance with this chapter.
(4) Excluding Multi-Family Residential Dwellings, provide Containers for the collection of Source Separated Refuse, Source Separated Organic Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal Containers are provided for Customers, for materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide that particular Container in all areas where disposal Containers are provided for Customers. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall " have either:
(0) A body or lid that conforms with the Container colors provided through the Collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.
(ii) 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.
(5) Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirements in Section 11- 3-11(4), pursuant to 14 CCR Section 18984.9 (b).
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(6) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a Container not designated for those materials per the City's Recyclable Materials Container, Organic Waste Container, and Refuse Container Collection service or, if Self-Hauling, per the Commercial Business' instructions to support its compliance with its Self-Haul program, in accordance with this chapter.
(7) Excluding Multi-Family Residential Dwellings, periodically inspect Recyclable Materials Container, Organic Waste Container, and Refuse Container for contamination and inform employees if Containers are contaminated and of the requirements to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9 (b) (3). (8) Annually provide information to employees, contractors, tenants, and Customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Materials and Source Separated Recyclable Materials.
(9) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Materials and Source Separated Recyclable Materials separate from Refuse (when applicable) and the location of Containers and the rules governing their use at each property. (10) Provide or arrange access for the City or its Designee to their properties during all Inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter. (11) If a Commercial Business wants to Self-Haul, it must meet the Self-Hauler requirements in this chapter.
(12) Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9 (c). (13) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements pursuant to this chapter.
11-3-12. Waivers for Generators.
[a) De Minimis Waivers. The City may waive a Commercial Business' obligation (including that of a Multi-Family Residential Dwelling) to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business 28859.00009\34900567.1
provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 11-3-12(a)(2) below.
Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services from which they are requesting a waiver and provide documentation as noted in Section 11-3- 12(a) (2) below.
(2) Provide documentation that either:
(i) The Commercial Business' total Solid Waste collection service is two (2) cubic yards or more per week and Organic Waste subject to collection in an Organic Waste Container comprises less than twenty (20) gallons per week per applicable Container of the business' total waste; or
(ii) The Commercial Business' total Solid Waste collection service is less than two (2) cubic yards per week and Organic Waste subject to collection in an Organic Waste Container comprises less than ten (10) gallons per week per applicable container of the business' total waste.
(3) Notify the City if circumstances change such that Commercial Business" Organic Waste exceeds the threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every five (5) years, if the City has approved de minimis waiver.
(b) Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including those of a Multi-Family Residential Dwelling) to comply with some or all of the Recyclable Materials and/or Organic Waste Collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the Collection Containers required for compliance with the Organic Waste collection requirements of Section 11-3-11.
A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of Collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Recyclable Materials Contains and/or Organic Waste Containers, 28859.00009\34900567.1
including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to the City that it is still eligible for a physical space waiver every five (5) years, if City has approved application for a physical space waiver.
(c) Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR Section 18984.11 (a)(3), may allow the owner or tenant of any residence, premises, business establishment, or industry that subscribes to the City's three Container Collection service to arrange for the collection of their Recyclable Materials in a Recyclable Materials Container, Refuse in a Refuse Container, or both once every fourteen (14) days, rather than once per week. (d) Review and Approval of Waivers by the City. The -City Manager or designee, will be responsible for review and approval of waivers. 11-3-13. Requirements for Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators must comply with the requirements of this section, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.
(C) Commercial Edible Food Generators shall comply with the following requirements:
11) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
(i). The collection of Edible Food for Edible Food Recovery from the Tier One or Tier Two Commercial Edible Food Generator's Premises; or, (ii). The acceptance of Edible Food that the Tier One or Tier Two Commercial Edible Food Generator Self-Hauls to the Food Recovery Organization.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. 28859.00009\34900567.1
(4) Allow the City's designated Enforcement Officer or Designee to access the Premises and to review records pursuant to 14 CCR Section 18991.4. 15) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(i) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR
Section 18991.3(0).
(ii) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(iii) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(A) The name, address, and contact information of the Food Recovery Service or Food Recovery Organization.
(B) The types of Edible Food that will be collected by, or Self- Hauled to, the Food Recovery Service or Food Recovery
Organization.
(C) The established frequency that Edible Food will be collected or Self-Hauled.
(D) The quantity of Edible Food, measured in pounds recovered per month, collected or Self-Hauled to a Food Recovery
Service or Food Recovery Organization for purposes of Food Recovery.
(iv) Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 285, Statutes of 2017).
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11-3-14. Requirements for Food Recovery Organizations and Services. (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement established under 14CCR Section 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a) (1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement established under 14CCR Section 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a) (2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service from which the organization receives Edible Food for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b).
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(d). In order to support Edible Food Recovery capacity planning assessments and other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall, upon request, provide information and consultation to the City regarding existing or proposed new or expanded Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators, A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within sixty (60) days. unless a shorter timeframe is otherwise specified by the City. 11-3-15. Provisions for Self-Haulers.
(a) Nothing in this chapter shall preclude any Person, Solid Waste Customer, Commercial Generator, or Multi-Family Generator from Self-Hauling Recyclable Materials or Organic Materials generated by that entity to a Solid Waste facility suitable to receive the types) of waste hauled.
(b) Self-Haulers shall:
Source Separate all Organic Materials 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 solid waste facility or a chipping/ grinding operation that processes or recovers source separated organic materials. (2) Source Separate all Recyclable Materials generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Recyclable Materials to a Solid Waste facility that recovers those materials.
(3) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Materials 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:
(i) Delivery receipts and weight tickets from the entity accepting the waste.
(i). The amount of material in cubic yards or tons transported by the Generator to each entity.
(iii) 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 28859.00009\34900567.1
weight of material but shall keep a record of the entities that received the Organic Materials.
(4) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information collected pursuant to this section to the City if requested.
(5) A Residential Organic Materials Generator that Self-Hauls Organic Materials is not required to record or report information as otherwise required by this Section.
16) Notwithstanding the foregoing, Self-Haulers shall not dispose of any Solid Waste in any manner not permitted by this chapter. To do so is a violation of this chapter punishable as set out in Section 11-3-18. (7) Exemptions. The following activities and circumstances do not qualify as Self-Hauling under this chapter:
(i) Yard Waste removed from a Premise by a gardening, landscaping. or tree-trimming contractor having a City business license and as an incidental part of a total service offered by that contractor other than as a disposal service, and tree trimmings, clippings, and all similar materials generated at parks and other publicly- maintained Premises:
(ii) Construction and Demolition Debris removed from a Premise by a licensed contractor as an incidental part of a total service offered by that contractor other than as a disposal service;
(iii) The collection of Hazardous Material or dangerous waste as part of a Hazardous Material collection activity authorized by the Merced County Environmental Health Division, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable, or explosive materials, insecticides, and similar substances; and (iv) Recyclable Materials and Organic Materials generated at any Premises or place of business and which are transported personally by the owner or occupant of such Premises (or by his or her full-time employees) to a Solid Waste or Recycling facility in a manner consistent with this chapter and other applicable laws. 11-3-16. Requirements for Haulers and Facility Operators. (a) Requirements for Haulers.
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(1) Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the City to collect Organic Materials.
(i) Through written notice to the City annually on or before July 1, identify the facilities to which they will transport Organic Materials, including facilities for Source Separated Recyclable Materials and Source Separated Organic Waste.
(ii) Transport Source Separated Recyclable Materials, Source Separated Organic Waste, and/or Source Separated Refuse to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (iii) Obtain approval from the City to haul Organic Materials, unless it is transporting Source Separated Organic Materials to a Community Composting site or lawfully transporting Construction and Demolition debris.
(2) Each Hauler authorized to collect Organic Materials shall comply with education, equipment, signage, Container-labeling, Container color, Container Contamination monitoring, reporting, and other requirements contained within its agreement entered into with the City. (i) Owners of facilities, operations, and activities that recover Organic Materials, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days. (ii) Community Composting operators, upon the City's request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Materials anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within sixty (60) days.
10). Solid Waste Collectors shall keep separate Recyclable Materials, Organic Materials, and other Refuse that have been Source Separated into Containers by Generators.
28859.00009 34900567.1
(c) Solid Waste Collectors shall ensure that Source Separated Recyclable Materials are delivered to a Recycling facility and that Source Separated Organic Materials are delivered to an Organic Waste processing facility. (d) Within five (5) days of request by the City, Solid Waste Collectors shall provide progress reports providing the following information, at a minimum:
The total number of Solid Waste Customers to whom the Solid Waste Collector currently provides Recyclable Materials, Organic Materials, and other Solid Waste Collection services within the City's boundaries; (2) For each Solid Waste Customer, the account name, identifying number, primary contact, phone number, billing address, and service address; (3) Information on the type of Collection service provided, such as Recyclable Materials, Organic Materials, and other Solid Waste services; (4) The weekly volume and type of collection service provided, including the number, type, and size of Containers serviced and the days of service for each Container;
(5) Name and location of the Solid Waste facilities where materials are delivered for processing;
16) List of accounts not in compliance with this chapter, including whether they are excluded or exempt based on the exemptions in Section 11-3-12. 11-3-17. Inspections and Investigations.
(a) City Enforcement Officer and/or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, to confirm compliance with and enforce the provisions of this chapter.
(b) City representatives and/or its designated entities, including Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any Collection Container, Collection vehicle loads, or transfer, processing, or disposal facilities for materials collected from Generators, Commercial Businesses including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self-Haulers, Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.
(c) The regulated entity shall provide or arrange for access during all Inspections, and shall cooperate with the City Enforcement Officer or Designee during such Inspections and investigations. Such Inspections and investigations may include Edible Food Recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity's Premises; or (2) 28859.00009134900567.1
access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 11-3-18. Notwithstanding the foregoing, City Enforcement Officer and/or its Designee are not authorized to enter into the interior of any Residence in order to conduct Inspections and investigations under this chapter.
(d) 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 6520 et sea. (e) City Enforcement Officer and/or its Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(f) City shall receive written complaints from Persons regarding an entity that may be potentially non-compliant with the SB 1383 Regulations, including through the receipt of anonymous complaints. Franchise Haulers shall relay to City in writing all written complaints they receive concerning acts or omissions of themselves or another entity that is potentially non-compliant with the SB 1383 Regulations, including anonymous complaints.
11-3-18. Violations.
(a) Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Officer.
Enforcement Actions under this chapter include issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are set forth in Chapter 1.20, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated.
(b) The City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.
(c) Penalty Amounts for Types of Violations.
(1) For a first violation, the amount of the penalty shall be $100 per violation. (2) For a second violation, the amount of the penalty shall be $200 per violation.
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(3) For a third or subsequent violation, the amount of the penalty shall be $500 per violation.
(4) The penalties shall be consistent with Government Code section 36900. (a) The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Edible Food Recovery capacity and the City is under a corrective action plan with CaRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(e) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation under this chapter may request a hearing to appeal the citation pursuant to Section 1.20.080, as it may be amended from time to time.
(f) Education Period for Non-Compliance. Through December 31, 2023, the City will conduct Inspections to determine compliance, and if the City determines that the Tier One Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (g) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City. determines that a Tier One Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this chapter.
(h) This chapter shall be interpreted to be consistent with the City's regulatory. authority, and shall only apply to Local Education Agencies and other entities to the extent permitted by law, including the SB 1383 Regulations. 28859.00009\34900567.1
ITEM NO. 9
CAL
BUSTINE GITY
COUNCIL AGENDA ITEM
May 17, 2022
PREPARED BY: Jas Birring, Finance Director
SUBJECT: SB1 Project Discussion
BACKGROUND/DISCUSSION
At the May 3rd council meeting, staff brought an SB1 Prioritization plan and resolution to council for approval. During the meeting council gave direction that they would like to see other projects on the list. Staff met with the City Engineer to discuss other projects that meet SB1 funding criteria. Gouveia Engineering will be present at the meeting to present and review data and the basis of their recommendations.
Dependent on the discussion of this item, staff will submit a revised resolution for State approval, and will bring the resolution back to Council at a subsequent meeting for formal adoption.
FISCAL IMPACT
There is no fiscal impact at this time.
RECOMMENDATION
This item is discussion item only.
EXHIBIT(S)
A) Proposed identified projects submit for Council review and finalization APPROVED BY: Call
for Brad Kliger, Interim City Manager
EXHIBIT A
Project Title Project Project Estimated Anticipated Anticipated Year Location Description Useful Life Start of Completion
(Min/Max)
Downtown 5th St. and 4th This project will 10/20 1/2023 12/2024 Roundabout Ave construct a
roundabout in
the downtown
area that will
improve traffic
circulation.
The project
reconfiguratio
returns and
storm
improvements.
Hwy 33/140 Hwy 33/140 Intersectior 20/25 8/2022 10/2026 Intersection improvements
upgrade of Hwy 33/140
Intersection
Pavement Citywide Update N/A 7/2022 12/2022
Management current PMP to
Plan for City keep track of
of Gustine existing and
historical
condition data
and decision-
The most cost.
maintenance
strategies for
streets.
South Ave South Avenue Pavement 5/10 7/2023 6/2024
from Alley to Rehabilitation
Grove by
abandoned
well #1
Lucerne Ave Lucerne from Pavement 5/10 7/2023 6/2024
Jensen to rehabilitation
Linden
Elm Ave Elm from Pavement 5/10 7/2023 6/2024
Meredith to Rehabilitation
Wallis
Portions of Carnation Pavement 5/10 7/2025 6/2027
Carnation Road rehabilitation
Road
ITEM NO. 10
THAT BIT CHIDIN
COUNCIL AGENDA ITEM
MAY 17, 2022
PREPARED BY: Brad Kilger, Interim City Manager
SUBJECT: City Manager Recruitment Process
BACKGROUND/DISCUSSION
The City Council has stated its intent to hire a new city manager. The city manager is the chief executive officer of the city, who possesses extensive knowledge and experience in municipal government principles and practices. It is therefore very important that the city undertake a professional recruitment that is extensive and thorough to ensure that the most experienced professionals, who are also the best fit for Gustine, are encouraged to apply for the position. To accomplish this, cities routinely utilize the services of an executive recruitment firm with specialized experience in the recruitment of city managers. Professional recruitment firms are familiar with the city manager "market", have important contacts and connections with individuals and organizations; and are specifically equipped to process these tasks in a timely manner.
The recruitment firm will undertake the necessary activities to attract and evaluate candidates and will assist the City Council in the process of choosing its next city manager. These activities typically include: interviewing Council members to develop a candidate profile for the recruitment brochure, conducting the recruitment (which includes advertising the position in numerous professional magazines, newsletters, and other media channels and personal outreach to qualified prospective candidates), preliminary screening of top candidates, and assisting the Council through the interview process. They can also assist with the background investigation. Contract negotiations are typically managed by the City Attorney.
Once the recruitment firm is on board the selection and hiring process can take 4 to 5 months or longer to complete, plus any notice time that the selected candidate may need to give his/her current employer notice and may possibly require additional time for them to relocate depending on their current location. Therefore it is important to initiate the process now. In that regard Staff is seeking Council concurrence to solicit proposals from qualified executive recruitment firms. Once the proposals are received, staff will forward them to the Council with a recommendation. The evaluation of the firms can be conducted publicly or in a closed session. The Council can also choose to interview the firms in an open public meeting prior to making a selection.
FISCAL IMPACT
There is no fiscal impact from this decision. Estimated costs for the recruitment can be in the neighborhood of $25,000.
RECOMMENDATION
That City Council direct the Interim City Manager to solicit proposals from qualified executive recruitment firms and return to Council at a future Council meeting to review the proposals and make a selection.
EXHIBIT(S)
None