RUSTINE CITY CALIFOR AGENDA
CITY OF GUSTINE
CITY COUNCIL
75 COUNCIL CHAMBERS, CITY HALL
352 5th STREET GUSTINE, CALIFORNIA
JUNE 21, 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 attendance with the use of an online meeting room.
Log-in and dial-in information is as follows:
https://meet.goto.com/898144317
or via telephone by dialing (872) 240-3311, access code: 898-144-317 Feedback noise will be muted by the meeting organizer.
Please note the meeting link and dial-in numbers have changed, effective May 25, 2022.
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
1. Proclamation Recognizing the Importance of Local Parks
2. Employee Introductions
Tianah Vitorino, Lifeguard
Lalanie Brace, Lifeguard
Daniel Gomes, Lifeguard
Maryjane Haro, Lifeguard
Leilani Aguilera, Lifeguard
Kyla Gonzalez, Lifeguard
Christina Navarro, Lifeguard
3. Capital Improvement Projects Update
Mario Gouveia, City Engineer
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?
4. Minutes of the May 31, 2022 Special Meeting
Recommendation: Review and approve
5. Minutes of the June 7, 2022 Regular Meeting
Recommendation: Review and approve
Warrants
Recommendation: Review and approve
7. Treasurer's Report - May 2022
Recommendation: Review and file
8. Approve Request to Cancel July 5, 2022 Regular Council Meeting Recommendation: Review and approve
Direct Staff to Send Out Warrant Checks Prior to July 19, 2022 Regular Council Meeting
Recommendation: Review and approve
10. Authorize Interim City Manager to Execute Agreement with Rocha Backhoe Services, Inc. for Installation of Permanent Driveway Approach at Henry Miller Park
Recommendation: Review and authorize
11. Approve Adoption and Waive Second Reading of an Ordinance Amending Gustine Municipal Code Chapter 11-3 Relating to Solid Waste Recommendation: Approve adoption and waive second reading
ADMINISTRATIVE AGENDA
12. Consider Resolution Approving Adoption of Merced County Multi-Jurisdictional Hazard Mitigation Plan 2021-2026
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
13. Consider Adoption of Amended and Extended Operating Agreement for Tip Top Farms
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to adopt the amended and extended Operating Agreement for Tip Top Farms
14. Consider Selection of City Manager Recruitment Firm and Authorize Interim City Manager to Execute Agreement for Services
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to select a search firm and authorize Interim City Manager to enter into agreement for services
CITY DEPARTMENT REPORTS
CITY MANAGER REPORT
CITY COUNCIL REPORTS
CLOSED SESSION PUBLIC COMMENT
Are there any items on the closed session calendar that any member of the public would like to comment on?
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: Interim City Manager: Employee organization:
City of Gustine Clerks Association
2. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: Interim City Manager: Employee organization:
City of Gustine Public Works Association
CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: Interim City Manager: Employee organization:
City of Gustine Police Officers Association
4. CONFERENCE WITH LABOR NEGOTIATOR- Pursuant to Government Section 54957.6 Agency Negotiator: Interim City Manager: Unrepresented Employee: Economic & Community Development Director
5. CONFERENCE WITH LABOR NEGOTIATOR- Pursuant to Government Section 54957.6 Agency Negotiator: Interim City Manager: Unrepresented Employee: Public Works Supervisor
CONFERENCE WITH LABOR NEGOTIATOR- Pursuant to Government Section 54957.6 Agency Negotiator: Interim City Manager: Unrepresented Employee: Fire Chief
ADJOURNMENT
Note:
1. 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 the meeting.
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 aiso available for inspection.
CERTIFICATION
I, Melanie Correa, Deputy City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at the Gustine City Hall, 352 5'h Street, Gustine CA and made available for public review on this 16'h day of June, 2022, at or before 5:00 p.m.-
Melanie Corre
CITY OF GUSTINE
Proclamation
IN RECOGNITION OF THE IMPORTANCE OF LOCAL
PARKS
WHEREAS, Parks and Recreation promotes physical, emotional and mental health and wellness through organized and self-directed fitness, play, and activity; and
WHEREAS, Parks and Recreation supports the economic vitality of communities by partnering with local businesses and non-profits, and offering events for resident's engagement; and
WHEREAS, Parks and Recreation creates memorable experiences through sports and enrichment activities and programs, adult fitness, free community events, and beyond; and
WHEREAS, Parks and Recreation supports human development and endless learning opportunities that foster social, intellectual, physical and emotional growth in people of all ages and abilities; and WHEREAS, Parks and Recreation strengthens community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, aesthetics and landscape; and WHEREAS, Parks and Recreation supports safe, vibrant, attractive, progressive communities that make life better through positive alternatives offered in their recreational opportunities; and WHEREAS, The California Park & Recreation Society has released a statewide public awareness campaign, "Parks Make Life Better!" to inform citizens of the many benefits of utilizing parks, facilities, programs, and services;
NOW, THEREFORE, be it resolved that the citizens of California recognize the importance of access to local parks, trails, open space, and facilities for the health, wellness, development, inspiration, and safety of all Californians;
BE IT FURTHER RESOLVED, I Pat Nagy, Mayor of the City of Gustine, do hereby proclaim that the month of July 2022 be declared as "Parks Make Life Better!" Month.
Pat Nagy, Mayor
ESTIMATED PROJECT TIMELINE
Revision No./ Date: 2022.06 - 6/15/22 2022 2023 2024
FFY 21/22 FFY 22/23 FFY 23/24
GE Project Number Project Title Funding % Funded This
Comments
City of Gustine
930.08 North Avenue Pump Station Improvements •Design - Fall 2022 •Bid/Award - Spring 2023
•Construction - Spring/Summer 2023
930.09 Linden Avenue Pump Station Improvements *Jeson - rall 212? ....
• Bid/Award - Spring 2023
•Construction - spring/Summer 2023
940.08 Water Valve and Fire Hydrant Replacements •Design - Summer/Fall 2022 •Bid/Award - Fall/Winter 2022
•Construction - Winter 2022/Spring 2023
945.03 •Application to Merced County for permit to dispose of contaminated soil ongoing; Expect permit - August 2022 Construct Roundabout on SR 140/33 - CML-5230(003) • Secure Title for Peter's Trucking property - July 2022 •Removal and disposal of contaminated soil - September 2022 •Secure Final EP from Caltrans for construction - October 2022 •Start Construction - January 2023
945.08 Construct Roundabout 5th St. / 4th Ave. Design CML.- 5230(008) CMAQ • Status - In design. project has environmental clearance, project needs right of way clearance •Expected construction - Spring 2023
945.17 Gustine Pedestrian Improvements on North Ave - CML- 5230(012) •Status - In design, 95% plans, project has environmental clearance and right of way clearance • Expected construction - Fall 2022
Gustine Pedestrian Improvements on 3rd Ave, East
945. Ave, and South Ave - CML-5230(013) ---. •Status - In design. 40% Plans, project has environmental clearance, project needs right of way clearance •Expected construction - Spring 2023
Gustine Phase 3 Multiuse Path - CML-5230(015) CMAQ
• Status - In design, working an environmental clearance, project needs right of way clearance *Expected construction - Spring/Summer 2024
945.20 33/140 Intersection Signalization Regional Measure V •Status - Project Study Report (PSR) to begin October 2022 • Submit report - Octoher 2023
955.03 Pioneer Park Improvements Prop 68 •Status - Project is in design, adjusting layout to include mandatory elements. • Expected Construction - Spring 2023
960.09 Pavement Management Program •Status - Field data collected. • Submit PMMP to FAA - May 2023
Note: All dates shown are estimated.
Design & Permitting
MINUTES OF
SPECIAL MEETING
May 31, 2022
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 5:31 P.M.
ROLL CALL
Council Members: Brazil - Bonta - Ford - Mayor Pro Tem Alexander - Mayor Nagy Staff present: Interim City Manager Brad Kilger, Police Chief Ruben Chavez (virtually).
Public Works Director Jesus Chavez, Recreation Manager Tiffany Vitorino, Fire Chief Patrick Borrelli, Finance Director Jas Birring, City Engineer Mario Gouveia, Economic & Community Development Director Jami Westervelt, and Administrative Services Director Melanie Correa
PUBLIC COMMENT
There was no public comment.
ADMINISTRATIVE AGENDA
1. WORKSHOP: FY 22-23 Budget Discussion
1. Receive staff introduction and presentation
2. Hold discussion
Finance Director Birring provided the presentation. During the presentation, there was some discussion related to salary cost allocations.
Council member Brazil inquired additional information on the Fire Department budget, to which Finance Director Birring clarified that the Fire Department budget is in general fund, and is separate from the Fire Service Fund.
Council member Ford inquired additional information on the Recycle Fund, to which Finance Director Birring advised that the City receives $5,000 annually for recycling- related expenses.
Mayor Pro Tem Alexander inquired about Traffic Safety Fund, to which Finance Director Birring advised that revenue is derived from traffic related fees, and expenses include taser equipment.
Council member Brazil inquired about general fund revenue accounts 001-0000- 430.201-00 and 001-0000-430.202-00, to which Finance Director Birring replied that she was unaware what those accounts were for, she further advised that she has not deleted abandoned/unused accounts.
Council directed staff to reconvene discussions with State and County related to funding for a second staffed position at the fire station. There was a discussion related to public works staffing and the need for additional positions, during which Interim City Manager Kilger advised that at this step of the budget preparation process, re- negotiation would be necessary to accommodate additional positions. Finance Director Birring advised that extended leave payout monies would become available to allocate to new priorities for FY 23-24. Interim City Manager Kilger advised of the importance of infrastructure improvements. Finance Director Birring inquired whether Council wanted staff to bring back Fire Department salary information prior to presenting the budget for adoptions, to which Council was in agreement.
Council member Brazil inquired additional information on Fund 094 "Sale of Town Properties", to which Finance Director Birring advised that was for revenues from the sale of city-owned properties, and that the current balance was $310,000.
Finance Director Birring thanked City Department Directors and Gouveia Engineering for their work in compiling data and information, and she thanked Interim City Manager Kilger for his support and guidance. She expressed her appreciation for the input from Council.
Mayor Nagy advised of Gustine's recent award from the RAN Board of four new computers for police cars. Mayor Nagy also commended the Gustine Fire Department for their work on the recent residential fires.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 7:12 P.M.
MINUTES OF
REGULAR MEETING
June 7, 2022
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:30 P.M.
ROLL CALL
Council Members: Brazil - Ford - Alexander - Mayor Nagy Staff present: Interim City Manager Brad Kilger, Attorney Ann Siprelle, Police Chief Ruben Chavez, Recreation Manager Tiffany Vitorino, Fire Chief Patrick Borrelli, City Engineer Mario Gouveia, Public Works Director Jesus Chavez, and Administrative Services Director Melanie Correa
PRESENTATIONS
1. Proclamation Recognizing Vance and Donna Wolfsen
Mayor Nagy presented Vance and Donna Wolfsen with the proclamation.
Employee Introductions
Jose Gallardo, Community Service Officer
Michael Trujillo, Police Officer
Luciano Zelvaggio, Reserve Police Officer
Noreen Lobato-Canals, Police Records Clerk
Marco Lugo, Police Officer
Police Chief Chavez provided brief backgrounds and introduced each of the employees.
PUBLIC COMMENT
Refugio Llamas, Veterans Services Officer with Merced County Health & Human Services Agency, advised that the Veterans Services office is officially open, and their goal is to ensure veterans are connected with their entitled compensation and benefits.
Bart Barringer, Attorney for Gilton Solid Waste, advised that he had sent written communication to the City Attorney. Mr. Barringer relayed that the correspondence included a timeline of errors and backup documentation. He advised that in response, he received a short paragraph attesting that the contract was not for public service, and that Gilton had their chance to object. Mr. Barringer shared that none of the issues in his initial communication were addressed, and that Gilton was never given chance to protest, nor the chance to point out deficiencies within the RFP process, which included illegal dumping, street sweeping service, bulky item pickup service, service to city facilities, and city-owned recycling bins. Mr Barringer advised that Gilton's purpose was to have a fair competition as a result of the RFP process.
Gustine Police Officer Kevin Roseen advised that he had accepted an offer of employment from another City. He thanked Council for their support.
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?
3. Minutes of the May 17, 2022 Regular Meeting
Recommendation: Review and approve
4. Warrants
Recommendation: Review and approve
5. Approve Adoption and Waive Second Reading of an Ordinance Amending Gustine Municipal Code Chapter 11-3 Relating to Solid Waste Recommendation: Approve adoption and waive second reading
6. Approve Resolution Adopting a List of Projects for FY 22/23 Funded by SB1: Road Repair and Accountability Act
Recommendation: Review and approve resolution
7. Approve Resolution Directing Biennial Review of City's Conflict of Interest Code Recommendation: Review and approve resolution
8. Approve Resolution Accepting ADA Path to Play Area Project as Complete, Directing City Clerk to File a Notice of Completion, and Authorizing Final Payment of Retention Monies
Recommendation: Review and approve resolution
9. Approve Resolution Approving MCAG Measure V Regional Project Funding Agreement for Hwy 33/SR 140 Signalization Project, and Authorizing Interim City Manager to Execute Agreement
Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar. There was no public comment.
Council member Brazil asked to pull consent calendar item #5 from consent consideration.
Council member Brazil inquired additional information on the A+ Plumbing warrant.
Public Works Director Chavez provided information that the repair was conducted in the alley between 5th Street and Hwy 33 near Chevron.
Council member Brazil advised pages 2-5 of the warrant list were out of sequence.
Council member Brazil also inquired for additional information in the warrant list "Project Summary" why $230,551.78 were lumped into a "none" category. Interim City Manager Kilger advised that staff would get a response back to Council.
Council member Brazil inquired about the project schedule in consent calendar item 9.
City Engineer Gouveia elaborated on the project timeline and advised the projected timeline was realistic.
Mayor Pro Tem Alexander made a motion to approve the consent calendar, without consent calendar item #5. The motion was seconded by Council member Ford and carried 4-0 with Council member Bonta absent.
Mayor Nagy called for a motion on consent calendar item #5, Council members Brazil and Ford advised of their no votes for this item. City Attorney Siprelle advised that this item would be continued for the next regular meeting of the Council for further consideration with all members present.
ADMINISTRATIVE AGENDA
10. Consider Appointment to Gustine Airport Commission
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to appoint applicant to the vacant seat on the Airport Commission
Deputy City Clerk Melanie Correa presented staff report. There was no public comment.
Council member Brazil thanked Mr. Costa for applying to volunteer.
Mayor Nagy nominated Jared Costa as an appointee to the Airport Commission.
Council member Brazil made a motion to approve the nomination. The motion was seconded by Mayor Pro Tem Alexander and carried 4-0 with Council member Bonta absent.
11. Consider Approval of Agreement for Transition Solid Waste Services, and Authorize Interim City Manager to Execute Agreement
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve agreement for transition solid waste services and authorize the Interim City Manager to execute agreement Interim City Manager Kilger presented the staff report. There was no public comment.
City Attorney Siprelle advised that service rates were included on the last page. Mayor Pro Tem Alexander made a motion to approve the agreement for transitional solid waste services and authorize the Interim City Manager to execute the agreement. The motion was seconded by Council member Ford and carried 3-1 with Council member Brazil in opposition and Council member Bonta absent.
12. Consider Resolution of Intention to Levy and Collect Assessments for Districts Formed Under the Landscaping and Lighting Act of 1972
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
City Engineer Gouveia presented the staff report. There was no public comment.
Council member Ford inquired whether fixed items within any of the Districts could be adjusted, to which City Attorney Gouveia advised that a 218 process would be necessary to adjust fixed assessments. Mr. Gouveia further explained that as per the Districts formation documents, only the landscape portion of the citywide assessment is fixed, and the landscape portion is adjustable. Council member Brazil made a motion to approve the resolution. The motion was seconded by Mayor Pro Tem Alexander and carried 4-0 with Council member Bonta absent.
13. Consider Adoption of Merced County Multi-Jurisdictional Hazard Mitigation Plan 2021-2026
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to adopt the Multi-Jurisdictional Hazard Mitigation Plan (2021- 2026)
Interim City Manager Kilger advised that staff is requesting this item be continued to the next meeting.
14. Consider Resolution Adopting Fees for the Reimbursement of Soft Costs Incurred for Preparation of Southeast Gustine Master Plan and Annexation
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
City Attorney Siprelle presented the staff report. There was no public comment. There was some discussion related how long the agreement lasted. Council member Brazil made a motion to approve the resolution. The motion was seconded by Council member Ford and carried 4-0 with Council member Bonta absent.
15. Consider Resolution Adopting City Council Agenda Policy
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
City Attorney Siprelle presented the staff report. Interim City Manager Kilger provided information that Los Altos' policy was included for Council's reference. Mr. Kilger expanded on the section 2.5(b) "Placing items on an agenda".
There was no public comment. Interim City Manager Kilger advised staff would add a provision related to the City's prior adoption of Rosenberg's Rules of Order. Mayor Pro Tem Alexander made a motion to approve the resolution. The motion was seconded by Council member Ford and carried 4-0 with Bonta absent.
CITY DEPARTMENT REPORTS
Fire Chief Borrelli reported on May 20th structure fires. He thanked GPD, Calfire, Public Works, and his fire department staff for their teamwork during the incident. Lastly, Chief Borrelli commended the cohesive relationships county-wide between agencies.
Police Chief Chavez advised that CSO Gallardo has started weed abetment process on properties along Sullivan Rd. Chief Chavez reported on successful graduation ceremonies at both Gustine Middle and Gustine High Schools. He relayed that he would call a meeting of the Traffic Committee in the weeks leading up to the new school year. He reminded those in attendance that the City of Newman was conducting a Tower Run in support of the families of fallen officers. Chief Chavez advised of his attendance at the CalCities Community Policy Committee meeting.
Council member Brazil commented on the deterioration of the privacy netting on the fence at the police yard. Mr, Brazil also inquired whether active shooter training with schools has occurred, to which Chief Chavez affirmed such training had been conducted during spring break.
Chief Chavez offered information that monies have been allocated from ARPA funding to fix deteriorated privacy netting and install electric vehicle chargers at the police yard.
Fire Chief Borrelli advised results and funds raised by Cities in Merced County, including Gustine for the recent National Burn Association "Fill the Boot" fundraiser.
Recreation Manager Vitorino advised of her work with several organziations for upcoming special events. She reported receiving donations in memory of Ms. Eva Gomes, toward the Goman Center. She shared a letter expressing appreciation to the Council and City on the improvements made to the Center. Mrs. Vitorino announced that the fireworks mass mailer for donation shad been sent out. Recreation Manager Vitorino advised that lifeguard certification courses were scheduled for later in the week at the Aquatics Center, and she reported on a successful Movie Night. She advised that Color Run preparations are in full swing, and that the Aquatics Center would be open for patrons during the 4th of July in the Park event.
Council member Brazil inquired on frequency of open swim, to which Mrs. Vitorino advised of the staggered opening dates for day and night open swim sessions.
Public Works Director Chavez advised that the City's application to the Department of Fish & Game for a new depredation permit had been submitted. He shared that the replacement of the leaky hydrant on West Ave was scheduled to be repaired the week of June 20. He advised of the status of the weed abatement process on parcels along Meredith Ave. Lastly, he reported that he was working with Mid-Valley Disposal to obtain pedestrian cans to place along Main St.
Council member Brazil inquired on status of residents with egret issues. Public Works Director Chavez shared the possibility of residents being able to work underneath the City's depredation permit, if approved.
Administrative Services Director Correa reminded those in attendance that the City's marquee is available for advertising opportunities. She alerted the Council of the upcoming CalCities Annual Conference, to be held in September in Long Beach. Mrs.
Correa shared that the Police Officer recruitment was closing on June 8th at 5 P.M., and that proposals for City Manager Search were due on June 9th at noon. Mrs. Correa remarked that Gustine was hosting MCAG's TRB meeting on June 8'h, and reminded Council of the planned special meeting of the Council to be held June 30th at 6 P.M.
CITY MANAGER REPORT
Interim City Manager Kilger expanded on status of capital projects, and advised that he was working with the City Engineer, who will be giving a presentation at an upcoming meeting. Mr. Kilger inquired interest from Council to cancel the July 5th Council meeting. He also shared that communications have started to schedule a meeting between School and City Subcommittee for July.
Council member Brazil inquired on the status of the service club sign, to which Interim City Manager Kilger advised this project was on his list.
CITY COUNCIL REPORTS
Council member Brazil inquired with the Council whether Westside Ambulance could be listed on a future agenda to present on their upcoming ballot measure. There was affirmative consensus from Council.
Council member Brazil shared his efforts in contacting state legislators to consider funding rural communities whose fire departments are understaffed. Mr. Brazil expressed his opinion on fireworks, suggested the City look into prioritizing public safety over fundraising efforts. Interim City Manager Kilger advised that in accordance with the new policy, staff would need Council consensus to allocate staff time.
Council member Brazil inquired the status of the Police K=-9 with Officer Roseen's pending departure. Interim City Manager Kilger advised the matter was on the closed session agenda.
Council member Ford circled back to his questions from the budget workshop meeting related to sales tax and add-on sales tax. Interim City Manager Kilger advised that he would get with the Finance Director and would provide information to council.
Mayor Pro Tem Alexander advised that he had nothing to report.
Mayor Nagy advised of several upcoming meetings, including the CalCities Quarterly meeting on June 16th. He wished happy birthday to Council member Ford, and reminded those in attendance of the Gustine Lions Club chicken takeout to be held on June 13th.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2): 1 case
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(4): 1 case
After returning to open session, it was reported that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 10:03 P.M.
City of Gustine, CA Warrant List
By Vendor Name
Post Dates 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: 209 MULTIMEDIA CORPORATION
209 MULTIMEDIA CORPORA.. 310857 06/21/2022 REC FIREWORKS MAILING 470.34 ENVELOPES 2022
209 MULTIMEDIA CORPORA...310858 06/21/2022 REC FIREWORKS ENVELOPES 463.43 2022
209 MULTIMEDIA CORPORA.. 310859 06/21/2022 REC FIREWORKS LETTERS 589.82 2022
Vendor 209 MULTIMEDIA CORPORATION Total: 1,523.59
Vendor: A PLUS PLUMBING, LLC
A PLUS PLUMBING, LLC 14055 06/21/2022 WATER LEAK REPAIRS 176.50 Vendor A PLUS PLUMBING, LLC Total: 176.50
Vendor: ACE HARDWARE OF GUSTINE
ACE HARDWARE OF GUSTINE 512965 06/21/2022 PW DEPT OPP SUPPLIES- 32.46
STREET BANNER CABLE TIES
ACE HARDWARE OF GUSTINE 513010 06/21/2022 PW WWTP SUPPLIES- TAPE, 19.62
BLADE, CLAMP HOSE
ACE HARDWARE OF GUSTINE 513080 06/21/2022 PUC SPRINKLER REPAIRS 19.86 ACE HARDWARE OF GUSTINE 513152 06/21/2022 PW DEPT OPP SUPPLIES- 11.45
BLADES, GRIND WHEEL
ACE HARDWARE OF GUSTINE 513172 06/21/2022 PW DEPT OPP SUPPLIES- 3.89
MASONRY WHEEL
ACE HARDWARE OF GUSTINE 513181 06/21/2022 PW DEPT OPP SUPPLIES- 8.65
BLADES FOR EDGER
ACE HARDWARE OF GUSTINE 513459 06/21/2022 PW SAFETY SUPPLIES FOR 37.91 WWTP
ACE HARDWARE OF GUSTINE 513527 06/21/2022 PW DEPT OPP SUPPLIES- 6.05
PUNCH PIN
ACE HARDWARE OF GUSTINE 513536 06/21/2022 PW DEPT OPP SUPPLIES- 20.74
DRILL BITS
ACE HARDWARE OF GUSTINE 513539 06/21/2022 PW DEPT OPP SUPPLIES- 16.22
BLADES FOR EDGER
ACE HARDWARE OF GUSTINE 513545 06/21/2022 LOPPERS BYPASS 30 FOR 38.96
TREE BRANCHES
ACE HARDWARE OF GUSTINE 513569 06/21/2022 PW POOL SUPPLIES- 17.72
HANGERS, BATTERIES, NUTS,
BOLTS
ACE HARDWARE OF GUSTINE 513574 06/21/2022 PW DEPT OPP SUPPLIES- 6.48
BLACK TAPE
ACE HARDWARE OF GUSTINE 513628 06/21/2022 PW POOL REPAIR PARTS- 4.41
CLAMP HOSE, PIPES
ACE HARDWARE OF GUSTINE 513655 06/21/2022 PW PARK REPAIR PARTS- 23.36
SCREWS, DRILL BITS
ACE HARDWARE OF GUSTINE 513699 06/21/2022 PW DEPT OPP SUPPLIES- 31.38
HAND PRUNER
ACE HARDWARE OF GUSTINE 512633 06/21/2022 PW DEPT OPP SUPPLIES- 35.71
LEAF RAKE
ACE HARDWARE OF GUSTINE 514077 06/21/2022 PW SUPPLIES FOR GRAFFITI 12.98
REMOVAL- PAINT BRUSH
ACE HARDWARE OF GUSTINE 514340 06/21/2022 PW DEPT OPP SUPPLIES- 36.24
SPRINKLER REPAIR PARTS
6/14/2022. 2:42:56 PM Page 1 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount ACE HARDWARE OF GUSTINE 514344 06/21/2022 PW DEPT OPP SUPPLIES- 15.14
SPRINKLER REPAIR PARTS
ACE HARDWARE OF GUSTINE 514415 06/21/2022 PW DEPT OPP SUPPLIES- 20.56
PUNCH KIT FOR SIGNS
ACE HARDWARE OF GUSTINE 514416 06/21/2022 PW DEPT OPP SUPPLIES- OIL 3.36 LUBE
ACE HARDWARE OF GUSTINE 514416 06/21/2022 PW DEPT OPP SUPPLIES- OIL 2.69 LUBE
ACE HARDWARE OF GUSTINE 514416 06/21/2022 PW DEPT OPP SUPPLIES- OIL 7.39 LUBE
ACE HARDWARE OF GUSTINE 514416 06/21/2022 PW DEPT OPP SUPPLIES- OIL 8.94 LUBE
ACE HARDWARE OF GUSTINE 514299 06/21/2022 PD SHELTER SUPPLIES - 49.31
BANDAGE HOSE, BRUSHES
Vendor ACE HARDWARE OF GUSTINE Total: 491.48
Vendor: AFLAC ADMINISTATIVE SERVICES
AFLAC ADMINISTATIVE SERV... PR - 5/21/22 06/21/2022 PAYROLL DEDUCTIONS 877.68 Vendor AFLAC ADMINISTATIVE SERVICES Total: 877.68
Vendor: ALHAMBRA & SIERRA SPRINGS
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 4.78 05/11/2022 & 05/25/2022
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 4.78 05/11/2022 & 05/25/2022
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 23.89 05/11/2022 & 05/25/2022
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 7.17 05/11/2022 & 05/25/2022
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 7.17 05/11/2022 & 05/25/2022
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 4.78 05/11/2022 & 05/25/2022
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 7.17 05/11/2022 & 05/25/2022
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 35.84 05/11/2022 & 05/25/2022
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 47.78 05/11/2022 & 05/25/2022
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 47.78 05/11/2022 & 05/25/2022
ALHAMBRA & SIERRA SPRI... 12652410 052722 06/21/2022 DRINKING WATER ALL DEPTS 47.78 05/11/2022 & 05/25/2022
Vendor ALHAMBRA & SIERRA SPRINGS Total: 238.92
Vendor: AMAZON CAPITAL SERVICES, INC.
AMAZON CAPITAL SERVICES,..11NW-HM97-LW3R 06/21/2022 REC - AQUATICS CENTER 21.64
OPERATING SUPPLIES
6/14/2022 2:42:56 PM Page 2 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount AMAZON CAPITAL SERVICES,.. 17RG-GYFG-RDDR 06/21/2022 REC - AQUATICS CENTER 97.40
OPERATING SUPPLIES
AMAZON CAPITAL SERVICES,.. 1KHW-HK6N-HHQW 06/21/2022 CM - OFFICE SUPPLIES PENS, 42.41
HIGHLIGHTERS
AMAZON CAPITAL SERVICES,..1LH4-KLML-MX4X 06/21/2022 OFFICE SUPPLIES KLEENEX, 21.65
COPY PAPER, STAPLES
AMAZON CAPITAL SERVICES,...1LH4-KLML-MX4X 06/21/2022 OFFICE SUPPLIES KLEENEX, 21.65
COPY PAPER, STAPLES
AMAZON CAPITAL SERVICES...1LH4-KLML-MX4X 06/21/2022 OFFICE SUPPLIES KLEENEX, 21.65
COPY PAPER, STAPLES
AMAZON CAPITAL SERVICES,.. 1LH4-KLML-MX4X 06/21/2022 OFFICE SUPPLIES KLEENEX, 21.65
COPY PAPER, STAPLES
AMAZON CAPITAL SERVICES,..1LH4-KLML-MX4X 06/21/2022 OFFICE SUPPLIES KLEENEX, 21.65
COPY PAPER, STAPLES
AMAZON CAPITAL SERVICES,.. 1LH4-KLML-MX4X 06/21/2022 OFFICE SUPPLIES KLEENEX, 54.13
COPY PAPER, STAPLES
AMAZON CAPITAL SERVICES,..1LH4-KLML-MX4X 06/21/2022 OFFICE SUPPLIES KLEENEX, 54.12
COPY PAPER, STAPLES
AMAZON CAPITAL SERVICES,..1LH4-KLML-MX4X 06/21/2022 OFFICE SUPPLIES KLEENEX, 54.13
COPY PAPER, STAPLES
AMAZON CAPITAL SERVICES,..1PC6-N4FJ-9KN1 06/21/2022 REC - AQUATICS CENTER 1,654.63
OPERATING SUPPLIES
AMAZON CAPITAL SERVICES,..1V77-11VP-V3YM 06/21/2022 REC - AQUATICS OPERATING 890.29
SUPPLIES SNACK BAR
AMAZON CAPITAL SERVICES,.. 1CKF-YY3X-HHFL 06/21/2022 CERTIFICATE FRAMES 39.93 AMAZON CAPITAL SERVICES,..11D9-WLPR-D3DL 06/21/2022 REC - COLOR RUN SUPPLIES 189.09 AMAZON CAPITAL SERVICES,.. 1YNC-MDH9-WOXM 06/21/2022 FIN- TONER CARTRIDGE 6.35
REPLACEMENT
AMAZON CAPITAL SERVICES,.. 1YNC-MDH9-WGXM 06/21/2022 FIN - TONER CARTRIDGE 6.35
REPLACEMENT
AMAZON CAPITAL SERVICES,.. 1YNC-MDH9-WQXM 06/21/2022 FIN - TONER CARTRIDGE 6.35
REPLACEMENT
AMAZON CAPITAL SERVICES,.. 1YNC-MDH9-WQXM 06/21/2022 FIN - TONER CARTRIDGE 6.35
REPLACEMENT
AMAZON CAPITAL SERVICES,..1YNC-MDH9-WQXM 06/21/2022 FIN - TONER CARTRIDGE 6.35
REPLACEMENT
AMAZON CAPITAL SERVICES,.. 1YNC-MDH9-WQXM 06/21/2022 FIN - TONER CARTRIDGE 15.87
REPLACEMENT
AMAZON CAPITAL SERVICES,.. 1YNC-MDH9-WQXM 06/21/2022 FIN- TONER CARTRIDGE 15.85
REPLACEMENT
AMAZON CAPITAL SERVICES,.. 1YNC-MDH9-WQXM 06/21/2022 FIN - TONER CARTRIDGE 15.87
REPLACEMENT
AMAZON CAPITAL SERVICES,.. 1CTV-VCQ3-JK3F 06/21/2022 REC REFUND FOR COLOR -292.26
RUN SUPPLIES
AMAZON CAPITAL SERVICES,.. 1F74-HVCM-DTMX 06/21/2022 AQUATIC CENTER SUPPLIES -8.65 AMAZON CAPITAL SERVICES,.. 1H76-DMQT-9GFC 06/21/2022 AQUATIC CENTER SUPPLIES - 21.60
LIFEGUARD SUPPLIES
AMAZON CAPITAL SERVICES,.. 1K37-TG6P-1CPQ 06/21/2022 REC REFUND FOR -86.58
PICKLEBALL SUPPLIES
AMAZON CAPITAL SERVICES,.. 1MDF-XV19-JVYW 06/21/2022 REC REFUND FOR COLOR 292.26
RUN SUPPLIES
AMAZON CAPITAL SERVICES,..1P6P-KFRX-DKFV 06/21/2022 PD OPERATING SUPPLIES 11.90
PHONE CASE
6/14/2022 2:42:56 PM Page 3 of 25
Warrant List Post Dates: 06/08/2022 -06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount AMAZON CAPITAL SERVICES,.. IVFF-X5K4-1G4K 06/21/2022 AQUATIC CENTER SUPPLIES 771.74
AND MAINTENANCE
Vendor AMAZON CAPITAL SERVICES, INC. Total: 3,995.37
Vendor: ARAMARK UNIFORM SERVICES INC
ARAMARK UNIFORM SERVI... 5040002721 06/21/2022 PW DEPT OPP SUPPLIES- 23.16
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040002721 06/21/2022 PW DEPT OPP SUPPLIES- 18.53
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040002721 06/21/2022 PW DEPT OPP SUPPLIES- 50.95
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040002721 06/21/2022 PW DEPT OPP SUPPLIES- 61.75
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040005255 06/21/2022 PW DEPT OPP SUPPLIES- 4.41
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040005255 06/21/2022 PW DEPT OPP SUPPLIES- 3.53
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040005255 06/21/2022 PW DEPT OPP SUPPLIES- 9.70
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040005255 06/21/2022 PW DEPT OPP SUPPLIES- 11.75
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040008296 06/21/2022 PW DEPT OPP SUPPLIES- 23.16
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040008296 06/21/2022 PW DEPT OPP SUPPLIES- 18.53
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040008296 06/21/2022 PW DEPT OPP SUPPLIES- 50.95
MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040008296 06/21/2022 PW DEPT OPP SUPPLIES- 61.75
MASKS, TOWELS, MOPS,
MATS
Vendor ARAMARK UNIFORM SERVICES INC Total: 338.17
Vendor: ARAMARK UNIFORM SERVICES
ARAMARK UNIFORM SERVI... 2580008772 06/21/2022 FD - CUSTODIAL SUPPLIES 130.84 Vendor ARAMARK UNIFORM SERVICES Total: 130.84
Vendor: AT&T CALNET 3
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 44.78 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
6/14/2022 2:42:56 PM Page 4 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.90 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.90 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.90 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 15.67 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 15.67 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 8.96 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214072 06/21/2022 TELEPHONE SERVICE 0.23 04/17/2022 -05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022-05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 43.18 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.86 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.86 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.86 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 15.11 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 15.11 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 8.64 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214075 06/21/2022 TELEPHONE SERVICE 0.20 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.06 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.06 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.06 04/17/2022 - 05/16/2022
AT&T CANET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.06 04/17/2022 - 05/16/2022
6/14/2022 2:42:56 PM Page 5 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 11.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.06 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.06 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.06 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.22 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 3.93 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 3.93 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 2.24 04/17/2022 -05/16/2022
AT&T CALNET 3 000018214077 06/21/2022 TELEPHONE SERVICE 0.03 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.05 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.05 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.05 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.05 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 10.38 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.05 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.05 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.05 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.21 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.21 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.21 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 3.63 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 3.63 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 2.08 04/17/2022 - 05/16/2022
AT&T CALNET 3 000018214078 06/21/2022 TELEPHONE SERVICE 0.06 04/17/2022 - 05/16/2022
Vendor AT&T CALNET 3 Total: 219.10
6/14/2022 2:42:56 PM Page 6 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: AXON ENTERPRISE, INC.
AXON ENTERPRISE, INC. INUSO77041 06/21/2022 PD TASER EQUIPMENT FIVE 6,235.20
YEAR PLAN
Vendor AXON ENTERPRISE, INC. Total: 6,235.20
Vendor: BADGER METER INC.
BADGER METER INC. 80098374 06/21/2022 WATER METER MONTHLY 1,634.04 SUBSCRIPTION MAY 2022
Vendor BADGER METER INC. Total: 1,634.04
Vendor: BAKER SUPPLIES AND REPAIRS
BAKER SUPPLIES AND REPAI... 74468 06/21/2022 HONDA GENERATOR REPAIR 122.46 PARTS
BAKER SUPPLIES AND REPAI... 14479 06/21/2022 PW DEPT OPP SUPPLIES- 379.85
MOWER REPAIR PARTS
Vendor BAKER SUPPLIES AND REPAIRS Total: 502.31
Vendor: BARBARA B. PARKIN
BARBARA B. PARKIN YOGA SESSION 06/02/2022 06/21/2022 YOGA SESSION 19 350.00
PARTICIPANTS SESSION D
Vendor BARBARA B. PARKIN Total: 350.00
Vendor: BRAD KILGER
BRAD KILGER 05/13/2022 REIMB BK 06/21/2022 INTERIM CITY MANAGER 639.58 REIMB MAY 2, 22 - MAY 31,
22 Vendor BRAD KILGER Total: 639.58
Vendor: C.C.CONCRETE CONSTRUCTION
C.C.CONCRETE CONSTRUCT... NO.01F 06/21/2022 ADA PATH TO PLAY AREA 6,343.82 JUNE 30 - JULY 31 2021
C.C.CONCRETE CONSTRUCT... NO.01F 06/21/2022 ADA PATH TO PLAY AREA 10,022.78 JUNE 30 - JULY 31 2021
Vendor C.C.CONCRETE CONSTRUCTION Total: 16,366.60
Vendor: CAPITOL ADVOCACY PARTNERS
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 49.20 GRANT WRITING MAY 2022
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 49.20 GRANT WRITING MAY 2022
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 246.00 GRANT WRITING MAY 2022
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 73.80 GRANT WRITING MAY 2022
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 73.80 GRANT WRITING MAY 2022
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 49.20 GRANT WRITING MAY 2022
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 73.80 GRANT WRITING MAY 2022
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 369.00 GRANT WRITING MAY 2022
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 492.00 GRANT WRITING MAY 2022
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 492.00 GRANT WRITING MAY 2022
CAPITOL ADVOCACY PARTN... 2022CAP83 06/21/2022 FEDERAL ADVOCACY & 492.00 GRANT WRITING MAY 2022
Vendor CAPITOL ADVOCACY PARTNERS Total: 2,460.00
6/14/2022 2:42:56 PM Page 7 of 25
Warrant List Post Dates: 06/08/2022 -06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: CENTRAL SANITARY SUPPLY
CENTRAL SANITARY SUPPLY 1244290 06/21/2022 PW DEPT OPP SUPPLIES- 24.03
SOAP, CAN LINER
CENTRAL SANITARY SUPPLY 1244290 06/21/2022 PW DEPT OPP SUPPLIES- 19.22
SOAP, CAN LINER
CENTRAL SANITARY SUPPLY 1244290 06/21/2022 PW DEPT OPP SUPPLIES- 52.86
SOAP, CAN LINER
CENTRAL SANITARY SUPPLY 1244290 06/21/2022 PW DEPT OPP SUPPLIES- 64.07
SOAP, CAN LINER
Vendor CENTRAL SANITARY SUPPLY Total: 160.18
Vendor: CINTAS CORPORATION #3
CINTAS CORPORATION #3 4119695417 06/21/2022 PW UNIFORM ALLOWANCE/ 10.11
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4119695417 06/21/2022 PW UNIFORM ALLOWANCE/ 12.70
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4119695417 06/21/2022 PW UNIFORM ALLOWANCE/ 6.08
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4119695417 06/21/2022 PW UNIFORM ALLOWANCE/ 12.94
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4119695417 06/21/2022 PW UNIFORM ALLOWANCE / 9.86
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4119695417 06/21/2022 PW UNIFORM ALLOWANCE / 29.20
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4119695417 06/21/2022 PW UNIFORM ALLOWANCE / 53.85
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4119695417 06/21/2022 PW UNIFORM ALLOWANCE / 33.23
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4119695417 06/21/2022 PW UNIFORM ALLOWANCE / 109.57
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4119695417 06/21/2022 PW UNIFORM ALLOWANCE / 20.24
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120364459 06/21/2022 PW UNIFORM ALLOWANCE / 9.06
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120364459 06/21/2022 PW UNIFORM ALLOWANCE / 12.79
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120364459 06/21/2022 PW UNIFORM ALLOWANCE / 5.44
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120364459 06/21/2022 PW UNIFORM ALLOWANCE / 11.59
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120364459 06/21/2022 PW UNIFORM ALLOWANCE / 10.23
CUSTODIAL SUPPLIES
6/14/2022 2:42:56 PM Page 8 of 25
Warrant List Post Dates: 06/08/2022 -06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount CINTAS CORPORATION #3 4120364459 06/21/2022 PW UNIFORM ALLOWANCE / 27.56
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120364459 06/21/2022 PW UNIFORM ALLOWANCE / 48.25
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120364459 06/21/2022 W UNIFORM ALLOWANCE 34.41
USTODIAL SUPPLIE
CINTAS CORPORATION #3 4120364459 06/21/2022 PW UNIFORM ALLOWANCE / 89.30
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120364459 06/21/2022 PW UNIFORM ALLOWANCE/ 18.12
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120946646 06/21/2022 PW UNIFORM ALLOWANCE / 9.06
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120946646 06/21/2022 PW UNIFORM ALLOWANCE/ 14.85
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120946646 06/21/2022 PW UNIFORM ALLOWANCE / 5.44
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120946646 06/21/2022 W UNIFORM ALLOWANCE 9.34
USTODIAL SUPPLII
CINTAS CORPORATION #3 4120946646 06/21/2022 PW UNIFORM ALLOWANCE/ 12.29
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120946646 06/21/2022 PW UNIFORM ALLOWANCE / 29.62
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120946646 06/21/2022 PW UNIFORM ALLOWANCE / 46.24
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120946646 06/21/2022 PW UNIFORM ALLOWANCE / 33.23
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120946646 06/21/2022 PW UNIFORM ALLOWANCE/ 88.55
CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4120946646 06/21/2022 PW UNIFORM ALLOWANCE / 18.13
CUSTODIAL SUPPLIES
Vendor CINTAS CORPORATION #3 Total: 831.28
Vendor: CITY OF GUSTINE
CITY OF GUSTINE BORRELLI WATER MAY 2022 06/21/2022 BORRELLI WATER 04/21/22 - 151.09 05/2/22
Vendor CITY OF GUSTINE Total: 151.09
Vendor: CONTINENTAL FOAM INC
CONTINENTAL FOAM INC 51722.1 06/21/2022 ROOF REPLACEMENT AT 5,150.00
NEW CORP YARD AND
WWTP
CONTINENTAL FOAM INC 51722.2 06/21/2022 ROOF REPLACEMENT AT 7,300.00
NEW CORP YARD AND
WWTP
6/14/2022 2:42:56 PM Page 9 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount CONTINENTAL FOAM INC 51722 06/21/2022 ROOF REPLACEMENT AT 16,950.00
NEW CORP YARD AND
WWTP
CONTINENTAL FOAM INC 51922 06/21/2022 REPLACED ROOF SHINGLES 1,500.00
AT THE AL GOMAN CENTER
Vendor CONTINENTAL FOAM INC Total: 30,900.00
Vendor: CSG CONSULTING - PRECISION
CSG CONSULTING - PRECISI... 42451 06/21/2022 PLANNING REVIEW SERVICES 488.25 02/01/2022 - 02/25/2022
Vendor CSG CONSULTING - PRECISION Total: 488.25
Vendor: DEREK ALEXANDER
DEREK ALEXANDER 05/10/22 DA ADJMT 06/21/2022 ONE VOICE DELEGATION EXP 120.43 2022
Vendor DEREK ALEXANDER Total: 120.43
Vendor: EFTPS
EFTPS PR - 5/21/22 06/21/2022 PAYROLL TAXES 8,571.76
EFTPS PR - 5/21/2022 06/21/2022 PAYROLL TAXES 2,004.70
EFTPS PR - 5-21-22 06/21/2022 PAYROLL TAXES 5,888.50
EFTPS TPR- 6/8/22 06/21/2022 PAYROLL TAXES 86.02
EFTPS TPR- 06/8/22 06/21/2022 PAYROLL TAXES 20.10
EFTPS TPR- 6/08/22 06/21/2022 PAYROLL TAXES 12.06
EFTPS PR - 6/10/22 06/21/2022 PAYROLL TAXES 9,408.52
EFTPS PR - 6/10/2022 06/21/2022 PAYROLL TAXES 2,200.38
EFTPS PR - 6.10.22 06/21/2022 PAYROLL TAXES 6,198.91
Vendor EFPS Total: 34,390.95
Vendor: EMPLOYMENT DEVELOPMENT DEPT
EMPLOYMENT DEVELOPME... PR-5/21/22 06/21/2022 PAYROLL TAXES 2,569.40 EMPLOYMENT DEVELOPME... PR - 5/21/2022 06/21/2022 PAYROLL TAXES 819.36 EMPLOYMENT DEVELOPME... TPR- 6/8/22 06/21/2022 PAYROLL TAXES 8.33 EMPLOYMENT DEVELOPME... PR - 6/10/22 06/21/2022 PAYROLL TAXES 2,683.98 EMPLOYMENT DEVELOPME... PR - 6.10.22 06/21/2022 PAYROLL TAXES 882.31 Vendor EMPLOYMENT DEVELOPMENT DEPT Total: 6,963.38
Vendor: ERIC DOSS
ERIC DOSS 4414 06/21/2022 WATER LEAK REPAIR AT 3,425.00
SCHMIDT PARK PARKING LOT
ERIC DOSS 4415 06/21/2022 BROKEN VALVE REPAIR AT 600.00
NORTH COMMUNITY
BUILDING
ERIC DOSS 4412 06/21/2022 VACUUM AIR RELIEF VALVES 2,525.00
INSTALLED AT SCHMIDT
PARK
ERIC DOSS 4413 06/21/2022 IRRIGATION RELOCATION 3,300.00
BECAUSE OF TENNIS COURTS
ERIC DOSS 4416 06/21/2022 ADDED DG TO THE TENNIS 5,300.00
COURTS AROUND THE
PERIMETER
ERIC DOSS 4420 06/21/2022 EMERGENCY WATER LINE 2,130.00
REPAIR IN CITY PARK
Vendor ERIC DOSS Total: 17,280.00
6/14/2022 2:42:56 PM Page 10 of 25
Warrant List Post Dates: 06/08/2022 -06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: FAILSAFE TESTING, LLC
FAILSAFE TESTING, LLC 12173 06/21/2022 FD - E-305 & E-306 LADDERS 292.80 TEST 2022
Vendor FAILSAFE TESTING, LLC Total: 292.80
Vendor: FOSTER'S PUMPS INC.
FOSTER'S PUMPS INC. 21758 06/21/2022 POOL PUMP REPLACEMENT 6,091.67 Vendor FOSTER'S PUMPS INC. Total: 6,091.67
Vendor: GEORGE OSNER, AICP URBAN PLANNING
GEORGE OSNER, AICP URB... MAY 2022 KATAKIS 06/21/2022 SE GUSTINE 1,485.00
IMPLEMENTATION KATAKIS
APRIL 2022
GEORGE OSNER, AICP URB... MAY 2022 PLANNING 06/21/2022 PLANNING 975.00
SERV/INFRASTRUCTURE FEE
APRIL 2022
Vendor GEORGE OSNER, AICP URBAN PLANNING Total: 2,460.00 Vendor: GILTON SOLID WASTE MANAGEMENT INC
GILTON SOLID WASTE MAN... JUNE 2022 06/21/2022 REFUSE SERVICES JUNE 2022 42,412.32 Vendor GILTON SOLID WASTE MANAGEMENT INC Total: 42,412.32 Vendor: GRANT DUNFORD
GRANT DUNFORD 06/06/2022GD 06/21/2022 MILEAGE REIMB TO MERCED 36.86
COUNTY OFFICE
Vendor GRANT DUNFORD Total: 36.86
Vendor: GROVER LANDSCAPE SERVICES INC
GROVER LANDSCAPE SERVI.... 0301757 06/21/2022 EMERGENCY TREE REMOVAL 414.38 GROVER LANDSCAPE SERVI... 0301757 06/21/2022 EMERGENCY TREE REMOVAL 414.38 GROVER LANDSCAPE SERVI... 0301757 06/21/2022 EMERGENCY TREE REMOVAL 414.38 GROVER LANDSCAPE SERVI... 0301757 06/21/2022 EMERGENCY TREE REMOVAL 414.36 Vendor GROVER LANDSCAPE SERVICES INC Total: 1,657.50
Vendor: GUSTINE DEPOT GARAGE, LLC
GUSTINE DEPOT GARAGE, L... 0028813 06/21/2022 PW #1072 R&R OIL COOLER 19.47
CONNECTOR, BRAKE LAMP
GUSTINE DEPOT GARAGE, L... 0028813 06/21/2022 PW #1072 R&R OIL COOLER 15.58
CONNECTOR, BRAKE LAMP
GUSTINE DEPOT GARAGE, L... 0028813 06/21/2022 PW #1072 R&R OIL COOLER 42.83
CONNECTOR, BRAKE LAMP
GUSTINE DEPOT GARAGE, L... 0028813 06/21/2022 PW #1072 R&R OIL COOLER 51.92
CONNECTOR, BRAKE LAMP
GUSTINE DEPOT GARAGE, L... 0028845 06/21/2022 PW #1014 TIRE REPAIR 2.62 GUSTINE DEPOT GARAGE, L... 0028845 06/21/2022 PW #1014 TIRE REPAIR 2.10 GUSTINE DEPOT GARAGE, L... 0028845 06/21/2022 PW #1014 TIRE REPAIR 5.78 GUSTINE DEPOT GARAGE, L... 0028845 06/21/2022 PW #1014 TIRE REPAIR 7.00 GUSTINE DEPOT GARAGE, L... 0028985 06/21/2022 PW #1067 VEHICLE SERVICE 64.94
TUNE UP
GUSTINE DEPOT GARAGE, L... 0028985 06/21/2022 PW #1067 VEHICLE SERVICE 51.95
TUNE UP
GUSTINE DEPOT GARAGE, L... 0028985 06/21/2022 PW #1067 VEHICLE SERVICE 142.87
TUNE UP
GUSTINE DEPOT GARAGE, L... 0028985 06/21/2022 PW #1067 VEHICLE SERVICE 173.19
TUNE UP
6/14/2022 2:42:56 PM Page 11 of 25
Warrant List Post Dates: 06/08/2022 -06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount GUSTINE DEPOT GARAGE, L... 0028992 06/21/2022 PW #1074 SPLIT TIRE REPAIR 3.00 GUSTINE DEPOT GARAGE, L... 0028992 06/21/2022 PW #1074 SPLIT TIRE REPAIR 2.40 GUSTINE DEPOT GARAGE, L... 0028992 06/21/2022 PW #1074 SPLIT TIRE REPAIR 6.60 GUSTINE DEPOT GARAGE, L... 0028992 06/21/2022 PW #1074 SPLIT TIRE REPAIR 8.00 GUSTINE DEPOT GARAGE, L... 0028995 06/21/2022 PW #1070 VEHICLE REPAIRS 26.38 GUSTINE DEPOT GARAGE, L... 0028995 06/21/2022 PW #1070 VEHICLE REPAIRS 21.11 GUSTINE DEPOT GARAGE, L... 0028995 06/21/2022 PW #1070 VEHICLE REPAIRS 58.04 GUSTINE DEPOT GARAGE, L... 0028995 06/21/2022 PW #1070 VEHICLE REPAIRS 70.35 GUSTINE DEPOT GARAGE, L... 0028832 06/21/2022 PD #503 R&R SPARK PLUGS 261.86 GUSTINE DEPOT GARAGE, L... 0028997 06/21/2022 PD #151 OIL CHANGE, AND 66.09
TIRE ROTATION
GUSTINE DEPOT GARAGE, L... 0028998 06/21/2022 PD #133 R&R CALIPER, OIL 672.36
CHANGE, TIRE ROTATION
Vendor GUSTINE DEPOT GARAGE, LLC Total: 1,776.44
Vendor: HENRY ALLEN ANDERSON JR.
HENRY ALLEN ANDERSON JR. 6678 06/21/2022 KEY AND RELOCK FOR WWTP 170.49
CHEMICAL ROOM
Vendor HENRY ALLEN ANDERSON JR. Total: 170.49
Vendor: IEH-JL ANALYTICAL
IEH-JL ANALYTICAL 563766 06/21/2022 WWTP WATER SAMPLES 4,172.50 4/7/2022, 4/12/2022,
5/5/2022
IEH-JL ANALYTICAL 567137 06/21/2022 WWTP WATER SAMPLES 345.00 05/12/2022, 05/19/2022
Vendor IEH-IL ANALYTICAL Total: 4,517.50
Vendor: INFOSEND BILLING
INFOSEND BILLING 213131 06/21/2022 WATER & SEWER RATE 164.87 CHANGE NOTIFICATION 2022
INFOSEND BILLING 213131 06/21/2022 WATER & SEWER RATE 164.87 CHANGE NOTIFICATION 2022
Vendor INFOSEND BILLING Total: 329.74
Vendor: IRRIGATION DESIGN & CONSTRUCTION LLC
IRRIGATION DESIGN & CON... 0363457-IN 06/21/2022 PW DEPT OPP SUPPLIES- 3.09
SPRINKLER REPAIR PARTS
Vendor IRRIGATION DESIGN & CONSTRUCTION LLC Total: 3.09 Vendor: JESUS ALONSO
JESUS ALONSO 05/23/2022 JA 06/21/2022 CA WWTP COURSES 2022 139.53 (OWTP1 & OWTPI-A) 2022
Vendor JESUS ALONSO Total: 139.53
Vendor: JORGENSEN & SONS INC.
JORGENSEN & SONS INC. 6005688 06/21/2022 YEARLY FIRE EXTINGUISHER 149.73 CHECK
JORGENSEN & SONS INC. 6005688 06/21/2022 YEARLY FIRE EXTINGUISHER 119.78 CHECK
JORGENSEN & SONS INC. 6005688 06/21/2022 YEARLY FIRE EXTINGUISHER 329.41 CHECK
6/14/2022 2:42:56 PM Page 12 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount JORGENSEN & SONS INC. 6005688 06/21/2022 YEARLY FIRE EXTINGUISHER 399.28 CHECK
Vendor JORGENSEN & SONS INC. Total: 998.20
Vendor: JOSHUA W. GRAVES
JOSHUA W. GRAVES 1323 06/21/2022 WINDOW REPLACEMENT AT 457.93 GPD
Vendor JOSHUA W. GRAVES Total: 457.93
Vendor: MADERA UNIFORM & ACCESSORIES, LLC
MADERA UNIFORM & ACCE... 248061 06/21/2022 PD VOLUNTEER'S 92.01
OPERATING SUPPLIES
MADERA UNIFORM & ACCE... 248106 06/21/2022 PD VOLUNTEER OPERATING 27.01
SUPPLIES
MADERA UNIFORM & ACCE... 248156 06/21/2022 PD VOLUNTEER OPERATING 46.49
SUPPLIES
Vendor MADERA UNIFORM & ACCESSORIES, LLC Total: 165.51
Vendor: MCCOY TRUCK TIRE SERVICE CENTER INC
MCCOY TRUCK TIRE SERVICE. 10122286 06/21/2022 FD FRONT TIRE FOR E-306 1,018.44 Vendor MCCOY TRUCK TIRE SERVICE CENTER INC Total: 1,018.44 Vendor: MCNAMARA SPORTS
MCNAMARA SPORTS 05/17/2022 06/21/2022 ADULT SOFTBALL - SUPPLIES 463.74 MCNAMARA SPORTS 06/01/2022 06/21/2022 ADULT SOFTBALL - SUPPLIES 231.87 Vendor MCNAMARA SPORTS Total: 695.61
Vendor: MIDWEST MOTOR SUPPLY CO INC
MIDWEST MOTOR SUPPLY.... 9910849 06/21/2022 PUC CEMENT SPRINKLER 34.29 REPAIR
MIDWEST MOTOR SUPPLY... 9919879 06/21/2022 PW WWTP, PARKS AND 185.21
STREETS SUPPLIES
MIDWEST MOTOR SUPPLY ... 9919879 06/21/2022 PW WWTP, PARKS AND 148.17
STREETS SUPPLIES
MIDWEST MOTOR SUPPLY... 9919879 06/21/2022 PW WWTP, PARKS AND 407.46
STREETS SUPPLIES
MIDWEST MOTOR SUPPLY... 9919879 06/21/2022 PW WWTP, PARKS AND 493.89
STREETS SUPPLIES
Vendor MIDWEST MOTOR SUPPLY CO INC Total: 1,269.02
Vendor: MIKE AZEVEDO BACKHOE
MIKE AZEVEDO BACKHOE 867 06/21/2022 HAULING DIRT FROM 880.00
SCHMIDT PARK TO WWTP
Vendor MIKE AZEVEDO BACKHOE Total: 880.00
Vendor: NEWMAN FEED & SEED
NEWMAN FEED & SEED 1011 06/21/2022 PD K9 DOG FOOD 155.32 Vendor NEWMAN FEED & SEED Total: 155.32
Vendor: NORMAC
NORMAC 0006500406-001 06/21/2022 SPRINKLERS VALVES FOR 366.03 PARKS
NORMAC 0006634410-001 06/21/2022 PW DEPT OPP SUPPLIES- 256.48
SPRINKLER REPAIR PARTS
Vendor NORMAC Total: 622.51
Vendor: OPERATING ENGINEERS LOCAL #3
OPERATING ENGINEERS LO... PR - 6/10/22 06/21/2022 PAYROLL DEDUCTIONS 153.00 Vendor OPERATING ENGINEERS LOCAL #3 Total: 153.00
6/14/2022 2:42:56 PM Page 13 of 25
Warrant List Post Dates: 06/08/2022 -06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: O'REILLY AUTO ENTERPRISES, LLC
O'REILLY AUTO ENTERPRISES.5718-298871 06/21/2022 POWER PULL TREE SAVER 70.35
FOR FALLING LIMBS
O'REILLY AUTO ENTERPRISES.5718-299862 06/21/2022 PD #505 VEHICLE REPAIRS 5.93 Vendor O'REILLY AUTO ENTERPRISES, LLC Total: 76.28
Vendor: PACIFIC STAR CHEMICAL, LLC.
PACIFIC STAR CHEMICAL, LL... 223833 06/21/2022 SODIUM HYPOCHLORITE FOR 1,245.76
WATER WELLS
Vendor PACIFIC STAR CHEMICAL, LLC. Total: 1,245.76
Vendor: PETES AUTO BODY
PETES AUTO BODY 59123 06/21/2022 PD TOW K9 VEHICLE 200.00 Vendor PETES AUTO BODY Total: 200.00
Vendor: PG&E
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 819.69
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 227.02
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 67.24
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 535.27
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 56.58
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 36.76
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 760.58
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 111.57
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 1,450.52
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 5,062.29
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 297.31
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 5,162.24
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 2,963.31
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 218.08
03/30/2022 - 04/28/2022
PG&E 05/31/2022 06/21/2022 GAS AND ELECTRIC 219.92
03/30/2022 - 04/28/2022
Vendor PG&E Total: 17,988.38
Vendor: POLICE OFFICERS ASSOC
POLICE OFFICERS ASSOC PR - 5/21/22 06/21/2022 PAYROLL DEDUCTIONS 360.00 POLICE OFFICERS ASSOC PR - 6/10/22 06/21/2022 PAYROLL DEDUCTIONS 360.00 Vendor POLICE OFFICERS ASSOC Total: 720.00
Vendor: PUBLIC EMP RETIREMENT SYSTEM
PUBLIC EMP RETIREMENT S... PR 5-21-22 06/21/2022 RETIREMENT 1,463.68
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR 5-21-2022 06/21/2022 RETIREMENT 1,478.34
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 5-21-22 06/21/2022 RETIREMENT 1,746.93
CONTRIBUTIONS
6/14/2022 2:42:56 PM Page 14 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount PUBLIC EMP RETIREMENT S... PR - 5-21-2022 06/21/2022 RETIREMENT 1,964.16
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 5/21/2022 06/21/2022 RETIREMENT 879.03
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 5/21/22 06/21/2022 RETIREMENT 1,296.01
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR 5/21/2022 06/21/2022 RETIREMENT 668.44
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S.... PR 5/21/22 06/21/2022 RETIREMENT 1,558.08
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 6/10/22 EE PEPRA SAFE...06/21/2022 RETIREMENT 1,557.41
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 6/10/22 EE PEPRA MISC 06/21/2022 RETIREMENT 1,735.91
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 6/10/22 EE CLASSIC MI... 06/21/2022 RETIREMENT 991.43
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 6/10/22 EE CLASSIC SA... 06/21/2022 RETIREMENT 668.44
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 6/10/22 ER PEPRA SAFE...06/21/2022 RETIREMENT 1,573.00
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 6/10/22 ER PEPRA MISC 06/21/2022 RETIREMENT 1,951.88
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 6/10/22 ER CLASSIC MI... 06/21/2022 RETIREMENT 1,465.89
CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 6/10/22 ER CLASSIC SA... 06/21/2022 RETIREMENT 1,558.08
CONTRIBUTIONS
Vendor PUBLIC EMP RETIREMENT SYSTEM Total: 22,556.71
Vendor: PYRO SPECTACULARS, INC
PYRO SPECTACULARS, INC 200 06/21/2022 2022 FIREWORKS SHOW- 12,000.00
INITIAL PRODUCTION FEE
Vendor PYRO SPECTACULARS, INC Total: 12,000.00
Vendor: R.J. RICCIARDI, INC. CERTIFIED PUBLIC ACCOUNTANTS R.J. RICCIARDI, INC. CERTIFI... 13067 06/21/2022 SINGLE AUDIT SERVICES MAY 20.00 17,2022
R.J. RICCIARDI, INC. CERTIF... 13067 06/21/2022 SINGLE AUDIT SERVICES MAY 20.00 17,2022
R.J. RICCIARDI, INC. CERTIFI... 13067 06/21/2022 SINGLE AUDIT SERVICES MAY 15.00 17, 2022
R.J. RICCIARDI, INC. CERTIFI... 13067 06/21/2022 SINGLE AUDIT SERVICES MAY 200.00 17, 2022
R.J. RICCIARDI, INC. CERTIFI... 13067 06/21/2022 SINGLE AUDIT SERVICES MAY 200.00 17, 2022
R.J. RICCIARDI, INC. CERTIFI... 13067 06/21/2022 SINGLE AUDIT SERVICES MAY 20.00 17, 2022
R.J. RICCIARDI, INC. CERTIFI... 13067 06/21/2022 SINGLE AUDIT SERVICES MAY 25.00 17, 2022
Vendor R.J. RICCIARDI, INC. CERTIFIED PUBLIC ACCOUNTANTS Total: 500.00 Vendor: SEEGER'S PRINTING
SEEGER'S PRINTING 0139046-IN 06/21/2022 OFFICE SUPPLIES - #10 39.91
WINDOW ENVELOPES
SEEGER'S PRINTING 0139046-IN 06/21/2022 OFFICE SUPPLIES - #10 39.91
WINDOW ENVELOPES
SEEGER'S PRINTING 0139046-IN 06/21/2022 OFFICE SUPPLIES - #10 39.91
WINDOW ENVELOPES
SEEGER'S PRINTING 0139046-IN 06/21/2022 OFFICE SUPPLIES - #10 39.91
WINDOW ENVELOPES
6/14/2022 2:42:56 PM Page 15 or 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount SEEGER'S PRINTING 0139046-IN 06/21/2022 OFFICE SUPPLIES - #10 39.91
WINDOW ENVELOPES
SEEGER'S PRINTING 0139046-IN 06/21/2022 OFFICE SUPPLIES - #10 99.78
WINDOW ENVELOPES
SEEGER'S PRINTING 0139046-IN 06/21/2022 OFFICE SUPPLIES - #10 99.77
WINDOW ENVELOPES
SEEGER'S PRINTING 0139046-IN 06/21/2022 OFFICE SUPPLIES - #10 99.78
WINDOW ENVELOPES
SEEGER'S PRINTING 0139047IN 06/21/2022 OFFICE SUPPLIES - #10 20.43
REGULAR ENVELOPES
SEEGER'S PRINTING 0139047-IN 06/21/2022 OFFICE SUPPLIES - #10 20.43
REGULAR ENVELOPES
SEEGER'S PRINTING 0139047-IN 06/21/2022 OFFICE SUPPLIES - #10 20.43
REGULAR ENVELOPES
SEEGER'S PRINTING 0139047-IN 06/21/2022 OFFICE SUPPLIES - #10 20.43
REGULAR ENVELOPES
SEEGER'S PRINTING 0139047-IN 06/21/2022 OFFICE SUPPLIES - #10 20.43
REGULAR ENVELOPES
SEEGER'S PRINTING 0139047-IN 06/21/2022 OFFICE SUPPLIES-#10 51.07
REGULAR ENVELOPES
SEEGER'S PRINTING 0139047-IN 06/21/2022 OFFICE SUPPLIES - 10 51.08
REGULAR ENVELOPES
SEEGER'S PRINTING 0139047-IN 06/21/2022 OFFICE SUPPLIES- #10 51.07
REGULAR ENVELOPES
Vendor SEEGER'S PRINTING Total: 754.25
Vendor: SHRED-IT
SHRED-IT 8001736045 06/21/2022 SHRED SERVICE 05/24/2022 5.39 SHRED-IT 8001736045 06/21/2022 SHRED SERVICE 05/24/2022 8.99 SHRED-IT 8001736045 06/21/2022 SHRED SERVICE 05/24/2022 5.39 SHRED-IT 8001736045 06/21/2022 SHRED SERVICE 05/24/2022 71.89 8001736045 06/21/2022 SHRED SERVICE 05/24/2022 1.80
SHRED-IT 8001736045 06/21/2022 SHRED SERVICE 05/24/2022 5.38 SHRED-IT 8001736045 06/21/2022 SHRED SERVICE 05/24/2022 35.95 SHRED-IT 8001736045 06/21/2022 SHRED SERVICE 05/24/2022 35.95 SHRED-IT 8001736045 06/21/2022 SHRED SERVICE 05/24/2022 8.99 Vendor SHRED-IT Total: 179.73
Vendor: STATE STREET BANK & TRUST COMPANY
STATE STREET BANK & TRUS...PR - 5/21/22 06/21/2022 PAYROLL DEDUCTIONS 850.00 STATE STREET BANK & TRUS...PR - 6/10/22 06/21/2022 PAYROLL DEDUCTIONS 850.00 Vendor STATE STREET BANK & TRUST COMPANY Total: 1,700.00 Vendor: SWRCB - OPERATOR CERTIFICATION (STATE WATER RESOURCES CONTROL BD) SWRCB - OPERATOR CERTIF... OP#37504T2 06/21/2022 GRADE T2 WWTP JESUS 60.00 CHAVEZ 2022
Vendor SWRCB - OPERATOR CERTIFICATION (STATE WATER RESOURCES CONTROL BD) Total: 60.00 Vendor: T-MOBILE USA, INC
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 1.85 04/21/22 - 05/20/22
6/14/2022 2:42:56 PM Page 16 of 25
Warrant List Post Dates: 06/08/2022 -06/21/20z2
Vendor Name Payable Number Post Date Description (Item) Amount T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 1.85 04/21/22 - 05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 1.85 04/21/22 - 05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 1.85 04/21/22 -05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 345.04 04/21/22 -05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 1.85 04/21/22 - 05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 1.85 04/21/22 - 05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 1.85 04/21/22 - 05/20/22
T-MOBILE USA, INC 04/21/22-05/20/22 06/21/2022 TELEPHONE SERVICE 7.40 04/21/22 -05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 7.40 04/21/22 - 05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 7.40 04/21/22 - 05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 129.44 04/21/22 -05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 129.44 04/21/22 - 05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 73.97 04/21/22 - 05/20/22
T-MOBILE USA, INC 04/21/22 - 05/20/22 06/21/2022 TELEPHONE SERVICE 1.85 04/21/22-05/20/22
T-MOBILE USA, INC 04/21/22-05/20/22 06/21/2022 TELEPHONE SERVICE 24.78 04/21/22- 05/20/22
Vendor T-MOBILE USA, INC Total: 739.67
Vendor: TRI COUNTIES BANK CARDMEMBER SERVICES
TRI COUNTIES BANK CARD... 05/18/2022 BK ELIKA ACCESS 06/21/2022 AIRPORT GATE OPENER 59.45
CARD READER
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 1.81 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 181 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 1.81 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 1.81 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 362.38 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 1.81 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 1.81 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 1.81 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 7.25 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 7.25 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 7.25 05/01/2022 - 5/31/2022
6/14/2022 2:42:56 PM Page 17 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 126.83 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 126.83 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 72.48 05/01/2022 - 5/31/2022
TRI COUNTIES BANK CARD... 05/01/2022 BK GOTO COM... 06/21/2022 TELEPHONE SERVICE 1.81 05/01/2022-5/31/2022
TRI COUNTIES BANK CARD... 05/06/2022 JB STAPLES 06/21/2022 OFFICE SUPPLIES- 17.32
ENVELOPES, LABELS,
HIGHLIGHTERS
TRI COUNTIES BANK CARD... 05/06/2022 JB STAPLES 06/21/2022 OFFICE SUPPLIES- 17.32
ENVELOPES, LABELS,
HIGHLIGHTERS
TRI COUNTIES BANK CARD... 05/06/2022 JB STAPLES 06/21/2022 OFFICE SUPPLIES- 17.32
ENVELOPES, LABELS,
HIGHLIGHTERS
TRI COUNTIES BANK CARD... 05/06/2022 JB STAPLES 06/21/2022 OFFICE SUPPLIES- 17.32
ENVELOPES, LABELS,
HIGHLIGHTERS
TRI COUNTIES BANK CARD... 05/06/2022 JB STAPLES 06/21/2022 OFFICE SUPPLIES- 17.32
ENVELOPES, LABELS,
HIGHLIGHTERS
TRI COUNTIES BANK CARD... 05/06/2022 JB STAPLES 06/21/2022 OFFICE SUPPLIES- 43.30
ENVELOPES, LABELS,
HIGHLIGHTERS
TRI COUNTIES BANK CARD... 05/06/2022 JB STAPLES 06/21/2022 OFFICE SUPPLIES- 43.28
ENVELOPES, LABELS,
HIGHLIGHTERS
TRI COUNTIES BANK CARD... 05/06/2022 JB STAPLES 06/21/2022 OFFICE SUPPLIES- 43.30
ENVELOPES, LABELS,
HIGHLIGHTERS
TRI COUNTIES BANK CARD... 05/13/2022 JB WHEN TO W...06/21/2022 LIFE GUARD SCHEDULING 66.00 SYSTEM
TRI COUNTIES BANK CARD... 05/16/2022 JB MCCLELLAND..06/21/2022 INSURANCE-SHELLY LACKEY 129.22 QUOTE 05/21/2022
TRI COUNTIES BANK CARD... 05/16/2022 JB MCCLELLAND..06/21/2022 INSURANCE-MAX 116.42
MENDONZA QUOTE
05/21/2022
TRI COUNTIES BANK CARD... 05/20/2022 JB POSTER MY... 06/21/2022 FLYER AND ADVERTISEMENT 99.95
SOFTWARE
TRI COUNTIES BANK CARD... 05/25/2022 MC MCCLELLA... 06/21/2022 INSURANCE- FLOYD LOZADA 107.90 QUOTE 05/03/2022
TRI COUNTIES BANK CARD... 05/26/2022 JB MCCLELLAND..06/21/2022 INSURANCE- WOODS 129.22
TRANSPLANT SERVICES
05/27/2022
TRI COUNTIES BANK CARD... 04/25/2022 JC HARVEYS LA... 06/21/2022 WATER MANAGEMENT 446.36
TRAINING LODGING-JESUS
CHAVEZ
TRI COUNTIES BANK CARD... 04/29/2022 JC TWILIO 06/21/2022 SCADA SERVICE FOR WATER 10.01 WELLS APRIL 2022
TRI COUNTIES BANK CARD... 05/01/2022 JC TWILIO 06/21/2022 SCADA SERVICE FOR WATER 20.01 WELLS MAY 2022
TRI COUNTIES BANK CARD... 05/03/2022 JC SPRAYER DE... 06/21/2022 PW EQUIPMENT- LONG 146.35
SPRAY GUN FOR WEEDS
6/14/2022.2:42:56 PM Page 18 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount TRI COUNTIES BANK CARD... 05/12/2022 JC NORTHERN ... 06/21/2022 O'RINGS FOR HERBICIDE 36.76
SPRAYER WWTP
TRI COUNTIES BANK CARD... 05/24/2022 JC IONOS 06/21/2022 WATER CLOUD SERVER FEE 25.00 05/22/2022-06/22/2022
TRI COUNTIES BANK CARD... 05/26/2022 JC WILL 06/21/2022 SEWER LIFT STATION SCADA 4,663.42
IMPROVEMENT
TRI COUNTIES BANK CARD... 05/02/2022 JW HOLIDAY IN... 06/21/2022 MCAG ONE VOICE 2022- DA 15.00
PARKING FEES
TRI COUNTIES BANK CARD... 05/02/2022 JW HOLIDAY IN... 06/21/2022 MCAG ONE VOICE 2022- 15.00
PARKING FEES
TRI COUNTIES BANK CARD... 05/02/2022 JW UNITED (1) 06/21/2022 MCAG ONE VOICE 2022- DA 35.00
CHECKED BAGGAGE
TRI COUNTIES BANK CARD... 05/02/2022 JW UNITED (2) 06/21/2022 MCAG ONE VOICE 2022- JW 35.00
CHECKED BAGGAGE
TRI COUNTIES BANK CARD.... 05/03/2022 JW COURTYARD..06/21/2022 MCAG ONE VOICE 2022 - DA 758.93
LODGING
TRI COUNTIES BANK CARD... 05/03/2022 JW COURTYARD..06/21/2022 MCAG ONE VOICE 2022- JW 755.22
LODGING
TRI COUNTIES BANK CARD... 05/03/2022 JW SAN JOSE AI... 06/21/2022 MCAG ONE VOICE 2022- 72.00
AIRPORT PARKING FEES
TRI COUNTIES BANK CARD... 05/02/2022 MC MCCLELLA... 06/21/2022 INSURANCE-AL GOMAN 127.09
CENTER RENTAL EVENT
05/09/2022
TRI COUNTIES BANK CARD... 05/02/2022 MC MCCLELLA... 06/21/2022 INSURANCE-ED PETERSON 100.44
SHELTER RENTAL
05/07/2022
TRI COUNTIES BANK CARD... 05/03/2022 MC FEDEX (1) 06/21/2022 CALPERS UAL BOND 38.55
MAILING
TRI COUNTIES BANK CARD... 05/03/2022 MC FEDEX (2) 06/21/2022 CALPERS UAL BOND 33.85
MAILING
TRI COUNTIES BANK CARD... 05/03/2022 MC UNITED 06/21/2022 ONE VOICE TRAVEL TICKETS 85.00 TRI COUNTIES BANK CARD... 05/12/2022 MC WALMART ... 06/21/2022 ADULT SOFTBALL FIELD PREP 981.31
EQUIPMENT
TRI COUNTIES BANK CARD... 05/12/2022 MC WALMART ... 06/21/2022 AQUATIC CENTER FIRST AID 212.16
BENCH DONATED ITEMS
TRI COUNTIES BANK CARD... 05/26/2022 SJ EMBASSY SU... 06/21/2022 LEADERSHIP TRAINING 859.56
LODGING- RUBEN CHAVEZ
Vendor TRI COUNTIES BANK CARDMEMBER SERVICES Total: 11,121.41 Vendor: TURF STAR INC
TURF STAR INC 630544-00 06/21/2022 BIG MOWER REPAIRS 1,803.29 Vendor TURF STAR INC Total: 1,803.29
Vendor: US POST OFFICE
US POST OFFICE BOX 16 RENEWAL 2022 06/21/2022 POST OFFICE BOX RENEWAL 31.84 2022 ANNUAL FEE
US POST OFFICE BOX 16 RENEWAL 2022 06/21/2022 POST OFFICE BOX RENEWAL 7.96 2022 ANNUAL FEE
US POST OFFICE BOX 16 RENEWAL 2022 06/21/2022 POST OFFICE BOX RENEWAL 119.40 2022 ANNUAL FEE
US POST OFFICE BOX 16 RENEWAL 2022 06/21/2022 POST OFFICE BOX RENEWAL 119.40 2022 ANNUAL FEE
6/14/2022 2:42:56 PM Page 19 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount U S POST OFFICE BOX 16 RENEWAL 2022 06/21/2022 POST OFFICE BOX RENEWAL 119.40 2022 ANNUAL FEE
Vendor U S POST OFFICE Total: 398.00
Vendor: USA BLUE BOOK
USA BLUE BOOK 980779 06/21/2022 WWTP SUPPLIES AND 582.21
RESPIRATORY/SAFETY
EQUIPMENT
USA BLUE BOOK 986888 06/21/2022 PW WWTP SUPPLIES 27,96
Vendor USA BLUE BOOK Total: 610.17
Vendor: VAN DE POL ENTERPRISES
VAN DE POL ENTERPRISES CL27373 06/21/2022 FUEL FD/PD/PW VEHICLE 170.08 05/17/22 - 05/31/22
VAN DE POL ENTERPRISES CL27373 06/21/2022 FUEL FD/PD/PW VEHICLE 2,130.11 05/17/22 - 05/31/22
VAN DE POL ENTERPRISES CL27373 06/21/2022 FUEL FD/PD/PW VEHICLE 432.94 05/17/22 - 05/31/22
VAN DE POL ENTERPRISES CL27373 06/21/2022 FUEL FD/PD/PW VEHICLE 92.77 05/17/22 - 05/31/22
VAN DE POL ENTERPRISES CL27373 06/21/2022 FUEL FD/PD/PW VEHICLE 453.04 05/17/22 - 05/31/22
VAN DE POL ENTERPRISES CL27373 06/21/2022 FUEL FD/PD/PW VEHICLE 454.59 05/17/22 -05/31/22
Vendor VAN DE POL ENTERPRISES Total: 3,733.53
Vendor: VERIZON WIRELESS
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 1.17 04/24/22-05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 1.17 04/24/22-05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 1.17 04/24/22 - 05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 1.17 04/24/22 - 05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 233.21 04/24/22 - 05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 1.17 04/24/22 -05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 1.17 04/24/22-05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 1.17 04/24/22-05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 4.66 04/24/22 - 05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 4.66 04/24/22-05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 4.66 04/24/22 -05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 81.62 04/24/22 - 05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 81.62 04/24/22 - 05/23/22
VERIZON WIRELESS 9907234089 06/21/2022 TELEPHONE SERVICES 46.64 04/24/22 - 05/23/22
9907234089 06/21/2022 TELEPHONE SERVICES 1.16
04/24/22-05/23/22
Vendor VERIZON WIRELESS Total: 466.42
6/14/2022 2:42:56 PM Page 20 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: YANCEY LUMBER CO
YANCEY LUMBER CO A2022022478 06/21/2022 BLAIR PIG RING FOR SIGN AT 3.88 PARK
YANCEY LUMBER CO R2022000951 06/21/2022 SHOCK FOR AQUATICS 41.74 CENTER
YANCEY LUMBER CO A2022024385 06/21/2022 REC ADULT SOFTBALL FIELD 78.65 CHALK
Vendor YANCEY LUMBER CO Total: 124.27
Grand Total: 270,746.29
6/14/2022 2:42:56 PM Page 21 of 25
Warrant List Post Dates: 06/08/2022 -06/21/2022
Report Summary
Fund Summary
Fund Payment Amount
001 - GENERAL FUND 43,623.04
009 - COMMUNITY CENTER FUND 2,907.56
010 - GAS TAX 2105 FUND 414.38
011 - GAS TAX 2106 FUND 414.38
012 - GAS TAX 2107 FUND 414.38
016 - SWIM POOL FUND 11,447.95
017 - CITY WIDE LIGHTING & LAND 5,208.93
019 - RECREATION FUND 2,977.34
027 - PER CAPITA GRANT 6,343.82
029 - GAS TAX 2103 FUND 414.36
047 - FIREWORKS 13,523.59
059- STORM DRAIN 883.77
060 - WATER FUND 12,506.67
061 - SEWER FUND 17,120.68
062 - REFUSE 43,371.99
063 - AIRPORT FUND 307.87
074 - ASSESS - BORRELLI 371.01
093 - INSURANCE TRUST FUND (RENTAL) 710.29
094 - SALE OF TOWN PROPERTIES 975.00
099 - PAYROLL TRUST FUND 67,361.72
107 - SEWER IMPACT FEES 29,400.00
202 - ALT MODES MEASURE V 10,022.78
505 - CAL VIP GRANT 24.78
Grand Total: 270,746.29
Account Summary
Account Number Account Name Payment Amount
001-0110-520.010-00 DEPT OPERATING SUPPLI... 4.78
001-0110-530.091-00 MEETINGS & TRAINING 1,876.58
001-0110-530.201-00 OTHER CONTRACT SERIVIC.. 64.20
001-0120-520.010-00 DEPT OPERATING SUPPL... 148.07
001-0120-530.011-00 TELEPHONE & INTERNET 5.38
001-0120-530.091-00 MEETINGS & TRAINING 639.58
001-0120-530.201-00 OTHER CONTRACT SERVIC... 5.39
001-0140-520.000-00 OFFICE SUPPLIES 105.66
001-0140-520.010-00 DEPT OPERATING SUPPL... 4.78
001-0140-530.000-00 ACCOUNTING & AUDITING 20.00
001-0140-530.011-00 TELEPHONE & INTERNET 5.38
001-0140-530.014-00 POSTAGE 31.84
001-0140-530.201-00 OTHER CONTRACT SERVIC.... 58.19
001-0142-520.010-00 DEPT OPERATING SUPPLI... 105.66
001-0142-530.011-00 TELEPHONE & INTERNET 5.38
POSTAGE 72.40
001-0142-530.091-00 MEETINGS & TRAINING 36.86
001-0142-530.201-00 OTHER CONTRACT SERVIC... 5.39
DEPT OPERATING SUPPL... 190.52
001-0150-520.011-00 UNIFORM ALLOWANCE 28.23
001-0150-520.040-00 FUEL 170.08
001-0150-530.011-00 TELEPHONE & INTERNET 5.38
001-0150-530.060-00 ELECTRIC 819.69
001-0150-530.062-00 GAS 227.02
001-0150-530.201-00 OTHER CONTRACT SERVIC... 457.93
001-0210-520.000-00 OFFICE SUPPLIES 105.66
001-0210-520.010-00 DEPT OPERATING SUPPL.... 23.89
001-0210-520.012-00 K-9 EXPENSES 155.32
001-0210-520.030-00 MOTOR VEHICLE EXPENSE 1,206.24
001-0210-520.040-00 FUEL 2,130.11
6/14/2022 2:42:56 PM Page 22 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Account Summary
Account Number Account Name Payment Amount
001-0210-530.011-00 TELEPHONE & INTERNET 1,050.19
001-0210-530.060-00 ELECTRIC 67.24
001-0210-530.091-00 MEETINGS & TRAINING 978.58
001-0210-530.201-00 OTHER CONTRACT SERVIC... 317.89
001-0210-540.038-00 TECHNOLOGY PURCH/REP... 6,293.59
001-0220-520.010-00 DEPT OPERATING SUPPUL... 423.64
001-0220-520.030-00 MOTOR VEHICLE EXPENSE 1,018.44
001-0220-530.060-00 ELECTRIC 535.27
001-0220-530.062-00 GAS 56.58
001-0230-520.010-00 DEPT OPERATING SUPPL... 49.31
001-0410-530.009-00 OTHER PROFESSIONAL SE... 1,485.00
001-0410-530.011-00 TELEPHONE 5.38
001-0410-530.201-00 OTHER CONTRACT SERVIC.. 488.25
001-0460-520.010-00 DEPT OPERATING SUPPL... 105.66
001-0460-530.011-00 TELEPHONE 5.38
001-0460-530.201-00 OTHER CONTRACT SERVIC... 1.80
001-0610-520.010-00 DEPT OPERATING SUPPL... 522.32
001-0610-520.011-00 UNIFORM ALLOWANCE 16.96
001-0610-520.030-00 MOTOR VEHICLE EXPENSE 119.77
001-0610-530.011-00 TELEPHONE 5.38
001-0610-530.060-00 ELECTRIC 36.76
001-0610-530.072-00 OTHER EQUIPMENT REPA... 5,788.88
001-0610-530.201-00 OTHER CONTRACT SERVIC... 15,503.80
001-0610-540.030-00 MACHINERY & EQUIPME... 31,38
009-0150-520.010-00 DEPT OPERATING SUPPL... 1,507.17
009-0150-520.040-00 FUEL 432.94
009-0150-530.011-00 TELEPHONE 21.50
009-0150-530.060-00 ELECTRIC 760.58
009-0150-530.062-00 GAS 111.57
009-0150-530.201-00 OTHER CONTRACT SERVIC... 73.80
010-0310-530.201-00 OTHER CONTRACT SERVIC... 414.38
011-0310-530.201-00 OTHER CONTRACT SERVIC... 414.38
012-0310-530.201-00 OTHER CONTRACT SERVIC... 414.38
016-0613-520.010-00 DEPT OPERATING SUPPL... 7,169.65
016-0613-520.012-00 AQUATICS CENTER SUPPL... 2,757.08
016-0613-530.011-00 TELEPHONE 21.50
016-0613-530.060-00 ELECTRIC 1,450.52
016-0613-530.201-00 OTHER CONTRACT SERVIC... 49.20
017-0260-530.060-00 ELECTRIC 5,062.29
017-0610-520.011-00 UNIFORM ALLOWANCE 33.87
017-0610-520.040-00 92.77
017-0610-530.000-00 ACCOUNTING & AUDITING 20.00
019-0613-520.010-00 DEPT OPERATING SUPPL... 959.00
019-0613-520.030-00 MOTOR VEHICLE EXPENSE 99.95
019-0613-520.060-00 DEPT OPERATING SUPPL... 981.31
019-0613-530.011-00 TELEPHONE 21.50
019-0613-530.060-00 ELECTRIC 297.31
019-0613-530.201-00 OTHER CONTRACT SERVIC... 429.18
019-0613-613.020-00 DEPT OPS SUPPLIES - COL... 189.09
027-0610-530.009-00 OTHER CONTRACT SERVIC... 6,343.82
029-0310-530.201-00 OTHER CONTRACT SERVIC... 414.36
047-0704-530.009-00 OTHER PROFESSIONAL SE... 12,000.00
047-0704-530.030-00 ADVERTISING - FIREWOR.. 1,523.59
059-0140-530.014-00 POSTAGE 7.96
059-0730-520.010-00 DEPT OPERATING SUPPLI.. 395.98
059-0730-520.030-00 MOTOR VEHICLE EXPENSE 95.83
059-0730-530.000-00 ACCOUNTING & AUDITING 15.00
059-0730-530.201-00 OTHER CONTRACT SERVIC... 369.00
6/14/2022 2:42:56 PM Page 23 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Account Summary
Account Number Account Name Payment Amount
060-0120-530.091-00 MEETINGS & TRAINING 446.36
060-0140-530.014-00 POSTAGE 119.40
060-0140-530.201-00 OTHER CONTRACT SERVIC... 35.95
060-0142-530.240-00 PROFESSIONAL DEVELOP... 60.00
060-0710-520.010-00 DEPT OPERATING SUPPL... 1,333.88
060-0710-520.011-00 UNIFORM ALLOWANCE 148.34
060-0710-520.030-00 MOTOR VEHICLE EXPENSE 263.51
060-0710-520.040-00 FUEL 453.04
060-0710-530.000-00 ACCOUNTING & AUDITING 200.00
060-0710-530.011-00 TELEPHONE 376.23
060-0710-530.060-00 ELECTRIC 5,162.24
060-0710-530.091-00 MEETINGS & TRAINING 139.53
060-0710-530.201-00 OTHER CONTRACT SERVIC... 3,768.19
061-0140-530.014-00 POSTAGE 119.40
061-0140-530.201-00 OTHER CONTRACT SERVIC... 35.95
061-0520-520.010-00 DEPT OPERATING SUPPL... 2,125.41
061-0520-520.011-00 UNIFORM ALLOWANCE 287.42
061-0520-520.030-00 MOTOR VEHICLE EXPENSE 319.40
061-0520-520.040-00 FUEL 454.59
061-0520-530.000-00 ACCOUNTING & AUDITING 200.00
061-0520-530.009-00 OTHER PROFESSIONAL SE... 170.49
061-0520-530.011-00 TELEPHONE 376.23
061-0520-530.060-00 ELECTRIC 2,963.31
061-0520-530.072-00 OTHER EQUIPMENT REPA... 36.76
061-0520-530.201-00 OTHER CONTRACT SERVIC... 5,174.37
061-0520-540.030-00 MACHINERY & EQUIPME... 4,857.35
062-0140-530.000-00 ACCOUNTING & AUDITING 20.00
062-0140-530.014-00 POSTAGE 119.40
062-0140-530.201-00 OTHER CONTRACT SERVIC... 8.99
062-0510-520.000-00 OFFICE SUPPLIES 47.78
062-0510-520.011-00 UNIFORM ALLOWANCE 56.49
062-0510-530.009-00 OTHER PROFESSIONAL SE... 42,412.32
062-0510-530.011-00 TELEPHONE & INTERNET 215.01
062-0510-530.201-00 OTHER CONTRACT SERVIC... 492.00
063-0340-530.000-00 ACCOUNTING & AUDITING 25.00
063-0340-530.011-00 TELEPHONE 5.34
063-0340-530.060-00 ELECTRIC 218.08
063-0340-530.201-00 OTHER CONTRACT SERVIC... 59.45
074-0610-530.059-00 WATER UTILITY 151.09
074-0610-530.060-00 ELECTRIC 219.92
093-0000-220.070 INSURANCE TRUST 710.29
094-0141-530.201-00 OTHER CONTRACT SERVIC... 975.00
099-0000-220.010 FICA TAXES PAYABLE 22,291.48
099-0000-220.020 FIT W/H PAYABLE 12,099.47
099-0000-220.030 SIT W/H PAYABLE 5,253.38
099-0000-220.050 PERS PAYABLE 22,556.71
099-0000-220.065 AFLAC PAYABLE 877.68
099-0000-220.071 POA DEDUCT PAYABLE 720.00
099-0000-220.081 UNION DUES PAYABLE 153.00
099-0000-220.090 DISABILITY (SDI) PAYABLE 1,710.00
099-0000-220.092 CAL PERS 457 DEF COMP 1,700.00
107-0520-530.009-00 OTHER PROFESSIONAL SE... 29,400.00
202-0310-530.201-00 OTHER CONTRACT SERVIC... 10,022.78
505-0210-520.040-00 TELEPHONE EXPENSE 24.78
Grand Total: 270,746.29
6/14/2022 2:42:56 PM Page 24 of 25
Warrant List Post Dates: 06/08/2022 - 06/21/2022
Project Account Summary
Project Account Key Payment Amount
**None** 269,236.51
CAL VIP GRANT EXPENSE 24.78
KATAKIS 1,485.00
Grand Total: 270,746.29
6/14/2022 2:42:56 PM Page 25 or 25
BUSTINE CITY CAUIFORHIA TREASURER'S REPORT
Period Ending May 31, 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 2,654,762 1,192,823 (856,213) 2,991,372 Payroll Account 163,169 155,967 (144,134) 175,003
Total Cash and Investments $7,912,688 $1,352,805 $ (1,000,347) $8,265,146 (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:
CALIFOR ITEM NO. 8
60 COUNCIL AGENDA ITEM
1975
JUNE 21, 2022
PREPARED BY: Melanie Correa, Administrative Services Director Brad Kilger, Interim City Manager
SUBJECT: Cancellation of July 5, 2022 Regular Council Meeting
BACKGROUND/DISCUSSION
4th of July weekend in Gustine is traditionally filled with various City and community events, beginning with Color Run pre-check in on Friday evening, Color Run on Saturday, 4'h of July in the Park on Monday and culminating with the fireworks show on the same evening. City staff is involved in the planning, set-up, execution, and clean-up efforts for these long-standing events which add to the charm and excitement of the holiday weekend in Gustine.
As such staff is requesting consensus from Council to cancel the regular meeting scheduled for July 5'h. Staff confirms that no actions or reports are pressing causing need for the July 5th meeting.
FISCAL IMPACT
None. The following consent calendar item addresses staff's request to send out warrants in advance of the July 19th meeting, should Council approve the meeting cancellation request.
RECOMMENDATION
Provide Council consensus to cancel the July 5, 2022 regular City Council meeting.
EXHIBIT(S)
None
•CITY CALFORNIS ITEM NO. 9
COUNCIL AGENDA ITEM
JUNE 21, 2022
PREPARED BY: Jas Birring, Finance Director
SUBJECT: Direct staff to send out Warrant Checks prior to July 19, 2022 meeting
BACKGROUND/DISCUSSION
The Council will not hold their regularly scheduled meeting on July 5, 2022 and will instead have their next meeting on July 19, 2022. During this time, the City will still have bills that must be paid in order to continue to do business.
In order to continue business as usual, staff requests Council's direction to send out payments for bills in advance of the July 19th Council meeting. Staff will mail out the checks ahead of the meeting and all checks sent after the June 21st meeting will be listed on the warrant list included in the July 19th agenda packet.
FISCAL IMPACT
No negative impact. The action is expected to save the City money from potential late fees on City accounts.
RECOMMENDATION
Direct staff to send out payments in advance of the July 19th meeting and include those payments on the Warrant List for the July 19th meeting.
EXHIBIT(S)
None
APPROVED BY:
Brad Kilger, Interim City Manager
ITEM NO. 10
BUSTINE CITY GALIFORNIA
COUNCIL AGENDA ITEM
NCO
JUNE 21, 2022
PREPARED BY: Jesus Chavez, Public Works Director
Melanie Correa, Administrative Services Director
SUBJECT: Authorize Interim City Manager to Execute Agreement for Installation of Permanent Driveway Approach at Henry Miller Park
BACKGROUND/DISCUSSION
Staff has been approached by Alan Rocha, Rocha Backhoe Service, Inc., who would like to partner with the City to install a permanent driveway approach to Henry Miller Park. The approach would be located at the existing approach to the park located on 6th Street. Mr. Rocha has completed an encroachment permit, which has been reviewed by the City Engineer and approved by the City's Public Works Director.
Mr. Rocha has volunteered his company's services in constructing and installing the approach, and is asking the City's support in purchasing materials for the project. The cost of materials is expected to be $4,105. Mr. Rocha's valuation of installation costs is $5,400. If approved, the project would begin as soon as possible, dependent on delivery of material and equipment availability.
This project would benefit the City in many different aspects. Currently, the existing approach is too steep for vehicles to maneuver, and often requires additional temporary ramps to accommodate equipment and vehicles from getting stuck on the steep incline. A permanent approach would aide in the setup of the many events and activities that are hosted at Henry Miller Park throughout the year.
City staff is working with the City Attorney to fine-tune an agreement that provides the City with appropriate liability coverages, but does not burden Rocha Backhoe Service, Inc. with unnecessary or excessive requirements.
FISCAL IMPACT
Staff is proposing the $4,105 in materials cost be allocated from the User Utility Tax (UUT) fund.
RECOMMENDATION
Council authorize the Interim City Manager to execute an agreement with Rocha Backhoe Services, Inc., to install a permanent driveway approach on 6th Street to Henry Miller Park.
EXHIBIT(S):
A) Request letter from Rocha Backhoe Services, Inc.
APPROVED BY:
Brad Kilger, Interim City Manager
Rocha Backhoe Service, inc.
Dump Truck Hauling • Sand and Gravel
Albert L. Rocha
Alan Rocha
Patricia Rocha
June 3, 2022
City of Gustine
P.O. Box 16
Gustine, CA 95322
Gustine City Council:
In regards to the street driveway approach on 6' Street at Henry Miller Park; the approach in question requires an easier entrance into the park.
The drawing submitted has been approved by Mario Gouveia, the city engineer.
I am requesting that the City of Gustine pays for the materials needed and Rocha Backhoe will install the approach at no charge.
The ramp requires: 4" x 8" x 26ft. Of steel tube $1,320.00 12 tons blacktop $1,585.00
Rental of a roller $1,200.00
Installed by RBSI N/C
$4,105.00
Sincerely,
Alan Rocha
:
209-761-6891
841 Ash Avenue • Gustine, CA 95322 • Phone (209) 854-3052 • St. Lic. No. 525-934 ITEM NO. 11
GUSTINE CIT CALIFORNIA
COUNCIL AGENDA ITEM
JUNE 21, 2022
PREPARED BY: Melanie Correa, Administrative Services Director Joshua Nelson, City Attorney
SUBJECT: Second Reading and Adoption of Ordinance Amending Chapter 11-3 of the Gustine Municipal Code Relating to Solid Waste BACKGROUND/DISCUSSION:
At their regular meeting held on May 17, 2022, Council by a vote of 3-2 (Brazil and Ford opposing) approved to waive the first reading and introduced the adoption of this proposed ordinance. This second reading and adoption step is the necessary requirement in adopting ordinances that amend the City's municipal code.
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 periods are 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 waive the second reading and adopt an Ordinance amending Chapter 11-3 of the Gustine Municipal Code relating to Solid Waste.
EXHIBIT(S)
A) Proposed Ordinance
5pp
APPROVED BY:
Brad Kilger, Interim City Manager
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, BE IT RESOLVED by the City Council of the City of Gustine:
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 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.
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Section 6. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its adoption.
1, Melanie Correa, City Clerk of the City of Gustine, hereby certify the foregoing Ordinance was introduced on the 17th day of May, 2022, and second reading and adoption was approved on the 21st day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
28859.00009\34900567.1
EXHIBIT A
Chapter 3
SOLID WASTE
11-3-1 - Definitions.
11-3-2 - Authority of Council to Provide Regulations.
11-3-3 - Enforcement of Chapter Provisions; Right of Entry. 11-3-4 - Containers Generally.
11-3-5 - Tampering with Receptacles; Prohibition on Scavenging. 11-3-6 - Placing Dead Animals and Birds in Receptacles. 11-3-7 - Collection of Solid Waste by Unauthorized Persons. 11-3-8 - Burying and Burning Solid Waste.
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).
Compliance Review means a review of records by the City to determine compliance with this chapter.
Compost has the same meaning as in 14 CCR Section 17896.2(a) (4), which stated, as of the effective date of this chapter, that "Compost" means the product resulting 28859.00009\34900567.1
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 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 28859.00009\34900567.1
"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 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).
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.
28859.00009 34900567.1
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 (i) 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.
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 28859.00009134900567.1
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).
Multi-Family Dwelling or Multi-Family Residential Dwelling means a Residential structure with five (5) or more residences.
Noncombustible Waste Matter 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.
28859.00009\34900567.1
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; (iii) 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 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).
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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 CalRecycle 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.
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.
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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 City 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.
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 Dwellings, for the purpose of ascertaining the sanitary condition of such premises and whether the provisions of this chapter are being compiled with.
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11-3-4. Container Generally.
(a) The City, 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. 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 City, through its Franchise Hauler, provides each Residential Customer with three Containers, one for Organic Materials, one for Recyclable Materials, and one for Refuse. They will be on wheels and easily maneuverable. The Containers remain the property of the City and will remain with the Premises should a Generator move. The Containers are registered to the property address via a serial number marked on the Container. The Organic Materials Container is for Organic Waste suitable for Composting, the Recyclable Materials Container is for Recyclable Materials suitable for Recycling, and the Refuse Container is for all other Solid Waste.
(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 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 Waste shall be enclosed in a Container supplied by the City. (a) Each such Container shall be kept in a convenient place easily accessible to the City's Franchise Hauler(s).
11-3-5. Tampering with Containers; Scavenging Prohibited.
It shall be unlawful for any Person other than (1) the Generator and/or owner of the Solid Waste in question, or (2) the City and its Designee to interfere in any manner with any Container used for the accumulation or handling of Solid Waste, or to remove any such 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 Container.
11-3-6. Placing Dead Animals and Birds in Receptacles.
It shall be unlawful for any Person to place, or cause or permit to be placed, in any Container in which Solid Waste is placed for Collection, any dead animals or birds. 11-3-7. Collection of Solid Waste 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 Waste upon or along any public street, alley, or other public place in the City; provided, however, that the 28859.00009\34900567.1
provisions of this section shall not apply to any Person under contract with the City for the purpose of engaging in Solid Waste Handling Services. 11-3-8. Burying and Burning Solid Waste.
(a) Burying. It shall be unlawful for any Person to place or bury Solid Waste in any hole or excavation.
(b) Burning. It shall be unlawful for any Person to cause or permit to be burned any Solid Waste.
11-3-9. Charges.
(a) The City Council shall from time to time prescribe by resolution the rates to be charged for Solid Waste Handling Services. Such charges shall be fair and reasonable and shall be based on the quantity of Solid Waste required to be hauled from a particular Generator or class of Generators. (b) A charge shall be assessed against all occupied Premises within the City for the Collection, removal, and disposal of Solid Waste, including Noncombustible Waste Matter and for the Inspections of Premises by the City's health officer, with such charge 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, including Noncombustible Waste Matter, resulting from other than normal use of occupied Premises. This provision shall not be construed as preventing the City from imposing reasonable extra charges for such special Inspection work or for the removal of excessive amounts of Solid Waste, including Noncombustible Waste Matter. In the event of a dispute, the City Council shall determine and order the number of times Solid Waste and Noncombustible Waste Matter shall be removed from the occupied Premises. (c) Such charges shall be paid to the City, and all established rules and regulations for the assessment of water bills, shall apply in the assessment and collection of Solid Waste bills.
11-3-10. Requirements for Single-Family Generators.
Single Family Organic Waste Generators shall comply with the following requirements:
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 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:
(1) 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. (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, 28859.00009134900567.1
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:
(1) 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).
(6) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit 28859.00009\34900567.1
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 provides documentation that the business generates below a certain amount of 28859.00009\34900567.1
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, 28859.00009134900567.1
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:
(1) 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. 28859.00009134900567.1
(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. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
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(b).
(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 14 CCR 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 14 CCR 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 type(s) of waste hauled.
(b) Self-Haulers shall:
(1) 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:
Delivery receipts and weight tickets from the entity accepting the waste.
(ii) 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 28859.00009134900567.1
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:
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;
(i) 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.
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. (1) 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.
(b) Solid Waste Collectors shall keep separate Recyclable Materials, Organic Materials, and other Refuse that have been Source Separated into Containers by Generators.
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(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:
(1) 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;
15) Name and location of the Solid Waste facilities where materials are delivered for processing;
(6) 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) 28859.00009\34900567.1
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.
(a) 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 seq. (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.
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 7, Article 2, 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.
28859.00009\34900567.1
(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. (d) 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:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle 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 Chapter 7. Article 3, 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. 12
SALT ON CARLITON
COUNCIL AGENDA ITEM
JUNE 21, 2022
PREPARED By: Ruben Chavez, Chief of Police
SUBJECT: Consider Resolution Approving Adoption of Merced County Multi- Jurisdictional Hazard Mitigation Plan 2021-2026
BACKGROUND/DISCUSSION
The Merced County Local Hazard Mitigation Plan (LHMP) presents a comprehensive risk assessment of natural hazards that have the potential to affect Merced County. The term "hazard mitigation" describes actions that can help reduce or eliminate long-term risks caused by hazards, such as floods, wildfires, and earthquakes. Hazard mitigation is best accomplished when based on a comprehensive, long-term plan that is developed before a disaster strikes.
The Local Hazard Mitigation Plan (LHMP) for the County of Merced planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA) and followed FEMA's 2011 Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. https://web2.co.merced.ca.us/pdfs/oes/MercedCounty-MJHMP-2021-2016.pdf The Federal Emergency Management Agency (FEMA) has completed its review of the Merced County Multi-Jurisdictional Hazard Mitigation Plan Update 2021 and has determined that this plan is eligible for final approval pending its adoption by Merced County and all participating jurisdictions.
Formal adoption documentation must be submitted to FEMA Region 9 by at least one participating jurisdiction by March 7, 2023 or the entire plan must be updated and resubmitted for review. FEMA will approve the plan upon receipt of the documentation of formal adoption.
Once the plan is approved, each participating jurisdiction must adopt the plan within five calendar years of the date of the approval. The adoption of the plan by each jurisdiction ensures that jurisdiction's continued eligibility for funding under FEMA's Hazard Mitigation Assistance (HMA) programs. All requests for funding, however, will be evaluated individually according to the specific eligibility, and other requirements of the particular program under which applications are submitted.
FISCAL IMPACT
There is no fiscal impact to the City for adopting the plan. Failure of a jurisdiction to have a currently adopted LHMP could prevent approval of FEMA recovery assets to assist the jurisdiction. Depending on the gravity of the hazard, this could result in thousands to millions of dollars to the City.
RECOMMENDATION
Council to approve the resolution adopting Merced County's Multi-Jurisdictional Hazard Mitigation Plan.
EXHIBIT(S)
A) Resolution
B) Letter from FEMA to the Merced County Office of Emergency Services C) LHMP Pages 461 to 485 (Gustine's references)
D) Full LHMP may be accessed on the City's website, under the June 7, 2022 agenda packet in "additional documents"
APPROVED BY:
Brad Kilger, Interim City Manager
RESOLUTION 2022-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ADOPTING THE MERCED
COUNTY MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN WHEREAS, the County of Merced has historically experienced severe damage trom natural and human-caused hazards such as flooding, wildfire, drought, thunderstorms/high winds and hazardous materials incidents on many occasions in the past century, resulting in loss of life and property, economic hardship, and threats to public health and safety; and
WHEREAS, the County of Merced's Multi-Jurisdictional Local Hazard Mitigation Plan (the Plan) has been developed after more than three years of research and work by the planning team in association and cooperation with Howell Consulting for the reduction of hazardrisk to the community; and
WHEREAS, the Plan specifically addresses hazard mitigation strategies and plan maintenance procedures for County of Merced; and
WHEREAS, the Plan recommends several hazard mitigation actions/projects that will provide mitigation for specific natural and human caused hazards that impact the County of Merced, with the effect of protecting people and property from loss associated with those hazards; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:
Hereby adopts this Plan as the official Multi-Jurisdictional Local Hazard Mitigation Plan for the County of Merced.
Section 1. The respective officials identified in the mitigation strategy of the Plan are hereby directed to pursue implementation of the recommended actions assigned to them.
Section 2. Future revisions and plan maintenance required by the Disaster Mitigation Act of 2000 and FEMA, are hereby adopted as a part of this resolution for a period of five (5) years from the date of this resolution.
Section 3. An annual report on the progress of the implementation elements of the Plan shall be presented to Board of Supervisors of the County of Merced by October 31st of each calendar year.
Section 4. The County of Merced will comply with all applicable Federal Statutes and Regulationsin effect with respect to the periods for which it receives grant funding, in compliance with 44 CFR 13.11 (c); and will amend the Plan whenever necessary to reflect applicable changes in Tribe, State or federal Laws and Statutes as required in 44 CFR 13.11 (d).
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 21st of June, 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
U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607-4052
APARTMENT
FEMA
March 7, 2022
Greg J. Padilla
Fire Captain C-15 & Assistant OES Coordinator
Merced County Office of Emergency Services
3500 N. Apron Avenue
Atwater, CA 95301
Dear Captain Padilla:
The Federal Emergency Management Agency (FEMA) has completed its review of the Merced County Multi-Jurisdictional Hazard Mitigation Plan Update 2021 and has determined that this plan is eligible for final approval pending its adoption by Merced County and all participating jurisdictions. Please see the enclosed list of approvable pending adoption jurisdictions.
Formal adoption documentation must be submitted to FEMA Region 9 by at least one participating jurisdiction within one calendar year of the date of this letter, or the entire plan must be updated and resubmitted for review. FEMA will approve the plan upon receipt of the documentation of formal adoption.
Once the plan is approved, each participating jurisdiction must adopt the plan within five calendar years of the date of the approval. The adoption of the plan by each jurisdiction ensures that jurisdiction's continued eligibility for funding under FEMA's Hazard Mitigation Assistance (HMA) programs. All requests for funding, however, will be evaluated individually according to the specific eligibility, and other requirements of the particular program under which applications are submitted
If you have any questions regarding the planning or review processes, please contact the FEMA Region 9 Hazard Mitigation Planning Team at [email protected].
Sincerely,
MICHAEL J Digitally signed by MICHAEL
BISHOP
BISHOP Date: 2022.03.07 14:51:05-08'00
for Alison Kearns
Risk Analysis Branch Chief
Mitigation Division
FEMA Region 9
Enclosure (2)
Merced County Plan Review Tool, dated March 7, 2022
Status of Participating Jurisdictions, dated March 7, 2022 www.fema.gov
Merced County Multi-Jurisdictional Hazard Mitigation Plan Update 2021APA Letter March 7, 2022
cc: Michael Bishop, Risk Analyst, FEMA Region 9
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor's Office of Emergency Services
Jennifer Hogan, State Hazard Mitigation Officer, California Governor's Office of Emergency Services
Status of Participating Jurisdictions as of March 7, 2022 Jurisdictions - Adopted and Approved
Jurisdiction Date of Adoption
1 2
3 4
5 6
Jurisdictions - Approvable Pending Adoption
# Jurisdiction
1 Merced County
2 Atwater, City of
3 Dos Palos, City of
4 Gustine, City of
5 Livingston, City of
6 Los Banos, City of
7 Merced, City of
www.fema.gov
2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
1 CITY OF GUSTINE
1.1 Community Profile
1.1.1 Mitigation Planning History and 2021 Process
This annex was created during the development of the 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) update. This is the first Jurisdictional Mitigation Annex for the City of Gustine.
The City's Local Planning Team (LPT) held the responsibility for implementation and maintenance of the plan. Members are listed in Appendix A. More details on the planning process follow and how the jurisdictions, service districts and stakeholders participated can be found in Section 3 Planning Process of the Base Plan, along with how the public was involved during the 2021 update.
1.1.2 Geography and Climate
The City of Gustine is situated 29 miles west of the City of Merced, the county seat, and borders Stanislaus County. The city is located at the intersection of State Route 33 and State Route 140 and near the intersection of Interstate 5 and State Route 140. According to the United States Census Bureau, Gustine has a total area of 1.6 square miles. The city is a continuously evolving community immersed in tradition with a history of food, farming and manufacturing in California.
The climate in the City of Gustine cycles through a cool rainy winter season and a dry summer season.
Summers are hot and dry, and winters are cool and wet, with most of the year's rain falling from late October through early April.
1.1.3 History
The City of Gustine was established in the 1900s as a Southern Pacific Railroad station. The first post office was opened in 1907 and the city was incorporated in 1915. In 1970 Gustine became the first city in California to set up a 9-1-1 system.
1.1.4 Economy
Estimates of select economic characteristics for the City of Gustine are shown in Table 1-1.
Table 1-1 City of Gustine Economic Characteristics, 2015-2019 Characteristic City of Gustine
Families below Poverty Level (%) 8.5%
All People below Poverty Level (%) 12.7%
Median Family Income $62,521
Median Household Income $53,667
Per Capita Income $30,742
Population in Labor Force 2,718
Population Employed* 50.2%
Unemployment Rate** 11.6%
Source: CA Department of Finance U.S. Census Bureau American Community Survey 2015-2019 5-Year Estimates, www.census.gov/
*Excludes armed forces. **Does not reflect unemployment numbers due to COVID-19 Pandemic Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 1 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
The tables below show the labor force breakdown by occupations and industry based on estimates from the 2015-2019 five-year American Community Survey.
Table 1-2 City of Gustine Employment by Industry, 2015-2019 Industry # Employed % Employed
Educational services, and health care and social assistance 432 18.0% Agriculture, forestry, fishing and hunting, and mining 410 17.1% Arts, entertainment, and recreation, and accommodation and food 323 13.4% services
Retail trade 292 12.1%
Manufacturing 214 8.9%
Construction 185 7.7%
Professional, scientific, and management, and administrative and 128 5.3% waste management services
Transportation and warehousing, and utilities 121 5.0%
Finance and insurance, and real estate and rental and leasing 102 4.2% Public administration 76 3.2%
Other services, except public administration 74 3.1%
Wholesale trade 47 2.0%
Total 2,404 100%
Source: U.S. Census Bureau American Community Survey 2015-2019 5-Year Estimates, www.census.gov/ Table 1-3 City of Gustine Employment by Occupation, 2015-2019 Occupation # Employed % Employed
Natural resources, construction, and maintenance occupations 606 25.2% Service occupations 537 22.3%
Management, business, science, and arts occupations 527 21.9% Production, transportation, and material moving occupations 392 16.3% Sales and office occupations 342 14.2%
Total 2,404 100%
Source: U.S. Census Bureau American Community Survey 2015-2019 5-Year Estimates, www.census.gov/
1.1.5 Population
In May 2020, the State Department of Finance released preliminary population data for the state demographic report, the estimates did not include potential effects of the COVID-19 pandemic. According to the report the City of Gustine has a population of 5,875 persons as of January 1, 2020, and experience a
0.1% gain previous year, leaving the population statically the same. Select demographic and social characteristics for the City of Gustine from the 2015-2019 American Community Survey and the California Department of Finance, are shown in Table 1-4.
Table 1-4 City of Gustine Demographic and Social Characteristics, 2015-2019 Characteristic City of Gustine
Gender/Age
Male 49.7%
Female 50.3%
Median age (years) 40.4
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 2 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Characteristic City of Gustine
Under 5 years 3.4%
Under 18 years 19.9%
65 years and over 14.4%
Race/Ethnicity
White 44.8%
Asian 0.2%
Black or African American 0.0%
American Indian/Alaska Native 0.6%
Hispanic or Latino (of any race) 54.1%
Native Hawaiian and Other Pacific Islander 0.0%
Some other race 0.0%
Two or more races 0.3%
Education*
% High school graduate or higher 76.7%
% with Bachelor's Degree or Higher 12.5%
Social Vulnerability
% with Disability 17.8%
% Language other than English spoken at 41.6%
home
% Speak English less than "Very Well" 24.8%
% of households with a computer with
76.9%
internet use
% of households with no vehicle available 8.6%
Source: CA Department of Finance U.S. Census Bureau American Community Survey 2015-2019 5-Year Estimates, www.census.gov/
* Population 25 years and over
The following table with information from the American Community Survey 5-year estimates (2015-2019) is related to housing occupancy in the City of Gustine.
Table 1-5 City of Gustine Housing Occupancy and Units, 2015-2019 Housing Characteristic Estimate Percentage
Housing Occupancy
Total Housing Units 2,249 100%
Units Occupied 2,054 91.3%
Vacant 195 8.7%
Housing Units
1-unit detached 1,831 81.4%
1-unit attached 0.0%
2 units 75 3.3%
3 or 4 units 1.0%
5-9 units 89 4.0%
10-19 units 46 2.0%
20 or more units 19 0.8%
Mobile Home 167 7.4%
Boat, RV, van etc. 0%
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 3 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Housing Characteristic Estimate Percentage
Housing Tenure
Owner Occupied 1,261 61.4%
Renter Occupied 793 38.6%
Source: CA Department of Finance U.S. Census Bureau American Community Survey 2015-2019 5-Year Estimates, www.census.gov/
1.1.6 Development Trends
During the 2021 planning process the Planning Team noted that since the 2014 LHMP the City has annexed land for future development. The LPT noted the following annexation:
153 acres for residential development
40 acres west of the city for residential development (estimated 200 homes) 50 acres east of city for residential development
Between 2010 and 2019 the City experienced an 8% increase of total housing units. Increases in population also increases exposure to severe weather-related hazards and pandemics/epidemics, as well as earthquakes. This growth also puts more demands on water resources and can increase vulnerability to drought.
The Sphere of Influence (SOl) shown in Figure 2-1 are areas each City plans to grow into and potentially slated for future development. Understanding the potential hazard exposure in the area can help to mitigate the impacts of events before development occurs in those areas. During this plan update process parcel analysis was conducted using the SOl and overlaid with available hazard risk layers to determine where future development may be at risk of natural hazard events. Table 1-6 is the summary of the SOI total exposure for the City of Gustine.
Table 1-6 Sphere of Influence Total Exposure Summary
Estimated
Improved Building Improved
Property Type Content Total Value
Parcel Count Count Value
Value*
Agricultural 71 98 $12,899,778 $12,899,778 $25,799,556
Commercial 3 $1,695,408 $1,695,408 $3,390,816
Exempt 3 $0 $0 $0
Residential 20 22 $2,410,194 $1,205,097 $3,615,291
Total 97 126 $17,005,380 $15,800,283 $32,805,663
Source: Merced County Assessor, Wood analysis
Merced County Multi Jurisdictional Hazard Mitigation Plan | 2021- 2026 Update Page 4 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
2 HAZARD IDENTIFICATION AND SUMMARY
The City of Gustine Planning Team identified the hazards that affect the city and summarized their frequency of occurrence, spatial extent, potential magnitude, and significance specific to their community (see Table 2-1). There are no hazards that are unique to Gustine. The overall hazard significance takes into account the geographic area, probability and magnitude as a way to identify priority hazards for mitigation purposes. This is discussed further in the Vulnerability Assessment Section.
Table 2-1 City of Gustine —Hazard Profiles
Probability of
Magnitude/ Overall
Hazard Geographic Area Future
Occurrence Severity Significance
Drought Extensive Likely Limited Medium
Earthquake Significant Likely Catastrophic Medium
Flood and Levee Failure Significant Occasional Critical Medium ieographic Are Magnitude/Severity (Extent)
imited: Less than 10% of planning are Catastrophic-More than 50 percent of property severely Significant: 10-50% of planning area damaged; shutdown of facilities for more than 30 days; and/or Extensive: 50-100% of planning area multiple deaths
ritical—25-50 percent of property severely damaged; shutdow Probability of Future Occurrences of facilities for at least two weeks; and/or injuries and/or illnesse Highly Likely: Near 100% chance of occurrence in next
year or happens every year. imited—10-25 percent of property severely damage Likely: Between 10 and 100% chance of occurrence in nutdown of facilities for more than a week; and/c next year or has a recurrence interval of 10 years or less.
Occasional: Between 1 and 10% chance of occurrence in
the next year or has a recurrence interval of 11 to 100 injuries/illnesses treatable with first aid
Unlikely: Less than 1% chance of occurrence in next 100 years or has a recurrence interval of greater than every Significance 100 years.
2.1 Vulnerability Assessment
The intent of this section is to assess Gustine vulnerability that is separate from that of the planning area as a whole, which has already been assessed in Section 4 Hazard Identification and Risk Assessment in the Base Plan. This vulnerability assessment analyzes the population, property, and other assets at risk to hazards ranked of medium or high significance that may vary from other parts of the planning area.
The information to support the hazard identification and risk assessment was based on a combination of County and jurisdiction specific information collected during the 2021 update. A Local Hazard Mitigation Plan Update Guide and associated worksheets was distributed to each participating municipality or special district to complete during update process in 2021. Information collected was analyzed and summarized in order to identify and rank all the hazards that could impact anywhere within the County, as well as to rank the hazards and identify the related vulnerabilities unique to each jurisdiction.
Each participating jurisdiction was in support of the main hazard summary identified in the Base Plan (see Table 4-2). However, the hazard summary rankings for each jurisdictional annex may vary due to specific hazard risk and vulnerabilities unique to that jurisdiction. The information in this annex helps differentiate the jurisdiction's risk and vulnerabilities from that of the overall County.
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 5 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Note: The hazard "Significance" reflects overall ranking for each hazard and is based on the City of Gustine's Planning Team member input from the Data Collection Guide and the risk assessment developed during the planning process (see Section 4 of the Base Plan), which included a more detailed qualitative and quantitative analysis with best available data.
The hazard summaries in Table 2-1 above reflect the hazards that could potentially affect City. The discussion of vulnerability for each of the following hazards is located in Section 2.3 Estimating Potential Losses. Based on this analysis, the priority hazards (Medium Significance) for mitigation are identified below:
• Drought
Earthquake
Flood and Levee Failure
While dam incidents and wildfire are rated as low, there are areas of risk near the city's SOl where development is likely to occur in the future. For this reason dam incidents and wildfire hazards are covered in the vulnerability assessment. Drought is not addressed in this vulnerability assessment as the exposure is similar to the overall County exposure, and the potential for losses are difficult to quantify specific to the City of Gustine.
Other Hazards
Hazards assigned a significance rating of Low or do not differ significantly from the county overall risk are not addressed further in this plan and are not assessed individually for specific vulnerabilities in this section. In the City of Gustine, those hazards include: severe weather (extreme heat, dense fog, heavy rain, high wind/tornado) subsidence, hazardous materials incidents, cyber attacks, agricultural pests and disease, and pandemics. As previously noted, dam incidents and wildfire hazards are also addressed Additionally, the City's committee members decided to rate landslides as Not Applicable (N/A) to the planning area due to a lack of exposure, vulnerability, and no probability of occurrence. -Wildfire is profiled in the vulnerability assessment to address wildfire threat in the City's SOl but was rated a low priority hazard given the City consists of urban areas and because there are few mapped moderate and low wildfire threat zones.
2.2 Assets at Risk
This section considers Gustine's assets at risk, including values at risk, critical facilities and infrastructure, historic assets, economic assets and growth and development trends.
2.2.1 Values at Risk
The following data on property exposure is derived from the Merced County 2020 Parcel and Assessor data. This data should only be used as a guideline to overall values in the city as the information has some limitations. The most significant limitation is created by Proposition 13. Instead of adjusting property values annually, the values are not adjusted or assessed at fair market value until a property transfer occurs. As a result, overall value information is likely low and does not reflect current market value of properties. It is also important to note that in the event of a disaster, it is generally the value of the infrastructure or improvements to the land that is of concern or at risk. Generally, the land itself is not a loss and is not included in the values below. Table 2-2 shows the exposure of properties broken down by property type for the City Gustine.
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 6 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Table 2-2 City of Gustine Property Exposure by Type
Parcel Building Improved Total Value
Property Type Count Value Content Value
Count
Agricultural 3 3 $249,806 $249,806 $499,612
Commercial 86 212 $13,841,697 $13,841,697 $27,683,394
Exempt 22 $1,947,230 $1,947,230 $3,894,460
Industrial 8 8 $21,456,333 $32,184,500 $53,640,833
Mixed Use 3 3 $55,055 $55,055 $110,110
Residential 1,749 1,857 $252,615,603 $126,307,802 $378,923,405 Vacant Land 4 4 $180,379 $180,379 $360,758
Total 1,874 2,109| $290,346,103 $174,766,468 $465,112,571 Source: Merced County Assessor, Wood analysis
2.2.2 Critical Facilities and Infrastructure
For the purposes of this plan, a critical facility is defined as one that is essential in providing utility or direction either during the response to an emergency or during the recovery operation. FEMA groups critical facilities into seven lifeline categories as shown in Figure 4-1 in the Base Plan.
Table 2-4 shows a summary of the critical facilities analysis. In addition to the summary listed in the table below, the LPT also include the following assets:
Table 2-3 City of Gustine Community Assets
Name of Asset Type* Replacement Value
Saputo Dairy Foods El $25,000,000
Pusateri Nut Company El $15,000,000
Dollar General El $10,000,000
Gustine City Hall VF $10,000,000
Gustine Police Dept. El $10,000,000
Gustine Airport VF $20,000,000
Gustine Fire Dept. El $20,000,000
Gustine Public Works HM $20,000,000
Gustine Wastewater
Treatment HM/EI $30,000,000
Water Well 1 VF $10,000,000
Water Well 1 VF $10,000,000
Water Well 1 VF $10,000,000
Water Well 1 VF $10,000,000
Water Well 1 VF $10,000,000
Water Well 1 VF $10,000,000
Water Well 1 VF $10,000,000
City Water Lines VF $50,000,000
Water Tank/Tower VF $5,000,000
Sewer Lines VF $50,000,000
Schmidt Park NA $20,000,000
Miller Park NA $10,000,000
CEF Jamero Park NA $10,000,000
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 7 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Name of Asset Type* Replacement Value
Burelli Ranch Park NA $10,000,000
Gustine High School VF $25,000,000
Gustine Middle School VF $20,000,000
Gustine Elementary
School VF $20,000,000
Source: Gustine LPT
*El: Essential Infrastructure; VI: Vulnerable Facilities; HM: Hazardous Materials Facilities; NA: Natural Assets Table 2-4 City of Gustine Critical Facilities, by Lifeline FEMA Lifeline Count
Communications
Food, Water, Shelter 0N-
Hazardous Material
Safety and Security 8
Total 20
Source: HIFLD, City of Gustine, Wood analysis
2.2.3 Historic, Cultural and Natural Resources
The following historical resource is listed as a California Point of Interest by the State of California Office of Preservation:
• Merced County Justice Courthouse Building
Natural resources are important to include in benefit-cost analyses for future projects and may be used to leverage additional funding for projects that also contribute to community goals for protecting sensitive natural resources. Awareness of natural assets can lead to opportunities for meeting multiple objectives.
For instance, protecting wetlands areas protects sensitive habitat as well as attenuates and stores floodwaters. The San Luis National Wildlife Refuge and Grassland Wildlife Management Area are located east of the City of Gustine. The Wildlife Refuge encompasses 26,800 acres of wetlands, riparian forests, natives grasslands and vernal pools. The Grassland Wildlife Management areas supports seasonally flooded marshlands, semi-permanent marshes and native grasslands. Both the Refuge and Wildlife Management Areas are located in flood hazard areas and benefits the surrounding area by absorbing floodwaters and recharging aquifers.
2.3 Estimating Potential Losses
2.3.1 Dam Incidents
Protection from flood hazards created by dam failures is critical to the safety and well- being of Gustine residents. A dam vulnerability assessment was completed during the 2021 update, following the methodology described in Section 4 of the Base Plan. The analysis found the Gustine is outside the inundation areas of the Don Pedro and New Exchequer dams but the Gustine Municipal Airport in the eastern portion of the city is on the edge of the New Exchequer dam inundation area (see Figure 2-1).
Not represented on the inundation map is risk from the San Luis Dam. Best available data was used during the 2021 plan update, but complete inundation data was not available for the San Luis or Los Banos Dams due to the information being considered sensitive and restricted, per communication with Merced County Multi-Jurisdictional Hazard Mitigation Plan.| 2021-2026 Update Page 8 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
OES and the dam owners. According to the Emergency Action Plan for this dam a failure could result in flooding in Gustine to a depth range of 2-10 ft in less than 10 hours. For this reason, dam incidents were assessed in this annex, but not considered a low priority hazard for the City.
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 9 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Figure 2-1 City of Gustine Dam Inundation Areas (excluding San Luis Dam) Dam Inundation Layers 331
Don Pedro
New Exchequer
Gustine
Merced County STANIANS.
Sphere of Influence
National Wildlife Refuge San Luis
Grasslands Wildlife NWR Complex
Management Area
Gustine
Sullivan Rd: 140)
Grassland
NWR Complex
Rd
Map compiled 3/2021: ... 2 Miles
wood. Data Sure Merced Curry, UFWS.
Department of Water Resources, Division of Safety of Dams (DSOD), Flood Emergency Response Information Exchange (FERIX) Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 10 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
2.3.2 Earthquake
The City of Gustine and surrounding areas historical earthquake activity is below California's state average.
No known faults are located in the Gustine area. The nearest known fault is the Ortigalita Fault the only fault line within Merced County. According to the City's General Plan Safety Element, Gustine is unlikely to be the epicenter of an earthquake event but will likely experience shaking from an event. New development in the city is required to comply with current building standards for seismic safety.
There is no record of any seismic activity originating within the city; however, the County of Merced has been shaken by earthquakes originating elsewhere. There is documented evidence of six earthquakes that shook the area, those of 1872, 1906, 1952, 1966, 1984, and 1989.
No damaging earthquakes greater than M 6.0 have been recorded in the City of Gustine or Merced County in over 200 years, though several have been very close. The most recent large earthquake near Merced County was 16 miles east north-east of King City at a magnitude of 5.3 on October 20, 2012.
Several aftershocks followed the main earthquake, including a M3.1 aftershock. This quake was preceded by two earthquakes located approximately 100 miles from Merced County, the 1982 New Idria earthquake (M5.4) and the 1983 Coalinga quake (M6.5). There was low level ground shaking and low local magnitude reported.
Based on the earthquake shaking potential mapped for Merced County and the City of Gustine, due to the proximity to the San Andreas Fault, and the history of shaking with no surface rupture, means the probability of damaging seismic ground shaking in the City of Gustine is considered as occasional. Other hazards associated with earthquake activity, such as lateral spreading, surface cracking or differential setting, are considered unlikely to occur, although no studies have been conducted to determine the likelihood of these hazards.
2.3.3 Flood and Levee Failure
The City of Gustine lies outside the 100-year and 500-year floodplain as designated by the Federal Emergency Management Agency (FEMA). While not within a floodplain, the eastern portion of the City and the City's SOI (shown in Figure 2-2), where the Gustine Municipal Airport is located, is on the edge of the 100-year or 1% annual flood chance hazard. Figure 2-3 shows the critical facilities proximity to 1% annual flood chance. As shown, 14 critical facilities were identified as being located in a floodplain.
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 11 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Figure 2-2 City of Gustine Flood Hazard
• 1% Flooded Properties
Canal Sch
FEMA Flood Hazards
1% Annual
¡ Gustine
Merced County STANISLAUS MERCED
Sphere of Influence
National Wildlife Refuge San Luts
Grasslands Wildlife NWR Complex
-- Management Area
Gustine
Sullivan: Rd-: 140)
Grassland
NWR Complex
n Rd
Map compiled 3/2021: 2 Miles
wood. . Data Sure. Merced Cony, USPS.
FEMA NHL 3/05/2015
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 12 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Figure 2-3 Critical Facilities and FEMA Flood Hazards
FEMA Lifeline
Communications
• Energy
Food, Water. Shelter
STANISLAUS
Hazardous Material MERCED
Safety and Security
Transportation San Luis
FEMA Flood Hazards NWR Complex
1% Annual
Gustine
Merced County
Sphere of Influence
National Wildlife Refuge *167.
Grasslands Wildlife Gustine
Management Area
Sullivan Ra ti
Grassland
NWR Complex
JencoORd-
Map compiled 5/2021: 2 Miles
wood. Data Source: Maried purpos, USEls.
FEMA NFHL 3/05/2015. HIFLD
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 13 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
2.3.4 Wildfires
Weather components, such as temperature, relative humidity, wind, and lightning, also affect the potential for wildfire. High temperatures and low relative humidity dry out the fuels that feed the wildfire creating a situation where fuel will more readily ignite and burn more intensely. Both urban and wildland fires conditions exist in Merced County and its cities which increases the chances for damage to property, loss of life and/or injury. In most of Merced County, the California Department of Forestry and Fire Protection (Cal FIRE) ranks fuel loading as low.
Figure 2-4 shows the fire threat areas within and near the city. The fire threat areas mainly consistent of low and moderate areas. The Municipal Airport and SOl on the eastern portion of the city limits has the most concentration of moderate threat areas and has a small area of high threat. Based on the analysis there are no parcels or critical facilities within the fire threat areas. Table 2-5 summarizes the values at risk and detail loss estimates within the fire threat areas.
Table 2-5 Properties Exposed to Wildfire Threat Areas
Improved Building Building Total Estimated
Property Improved
Parcel Count Count Building Content Total Value Population Type Low Value Value
Count Moderate Count
Agricultural 1 0 1 1 $92,402 $92,402 $184,804
Commercial 1 8 8 $1,612,681 $1,612,681 $3,225,362
Exempt 4 3 1 4 $0 $0 $0
Residential 141 54 87 141 $24,399,015 $12,199,508 $36,598,523 399 Total 147 57 97 154 $26,104,098 $13,904,591 $40,008,689 399 Source: CAL FIRE, Merced County Assessor, Wood GIS analysis Analysis on critical facilities located within fire threat areas was also completed. The results are summarized in Table 2-6.
Table 2-6 Critical Facilities Exposed to Wildfire Threat Areas FEMA Lifeline Count
Moderate Wildfire Threat
Safety and Security 1
Low Wildfire Threat
Safety and Security 1
Transportation 1
Total
Source: Merced County, HIFLD, CAL FIRE, FRAP, Wood GIS Analysis Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 14 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Figure 2-1 Wildfire Threat Areas in City of Gustine
Fire Threat
Very High
High
Moderate
STANISLAUS
LOW MERCED.
Gustine San Luis -
Merced County NWR Complex
Sphere of Influence
National Wildlife Refuge
Grasslands Wildlife
Management Area
Grassland
NWR Complex
Map compiled 3/2021; 2 Miles
wood. Data Source: Merced County, CALFIRE, FRAP
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 15 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Figure 2-5 shows the fire responsibility areas in the City of Gustine and Table 2-7 summarizes the results from the GIS analysis. No critical facilities were identified as being located within the local responsibility fire hazard area. Refer to Section 4 of the Base Plan for methodology and results of the countywide analysis.
Table 2-7 City of Gustine Properties within Fire Responsibility Areas SRA
Improved Total Estimated
Property Moderate Improved
Parcel Building Content Total Value Population
Type Building Value
Count Count Value
Count
Exempt 2 2 2 $0 $0 $0
Residential 15 15 15 $3,806,609 $1,903,305 $5,709,914 42 Total 17 17 17 $3,806,609 $1,903,305 $5,709,914 42
Source: CAL FIRE, Merced County Assessor, Wood GIS analysis Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 16 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Figure 2-2 City of Gustine Fire Responsibility Areas
Fire Responsibility Areas
Federal
Local
State
Hazard Classes STANISLAUS MERCED
Moderate
Non-Wildland/Non-Urban
Urban Unzoned
Gustine
Merced County
Sphere of Influence
Bustine
Map compiled 3/2021: 2 Miles
wood. intended for planning purposes only.
• Data Source: Merced County, CALFIRE,
Local Responsibility Area, State Responsibility Area
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 17 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Future Development
The results of the SOl and wildfire analysis is shown in Table 2-8 and Table 2-9.
Table 2-8 Sphere of Influence Areas Exposed Within Fire Severity Areas Estimated Total
Property Improved Building Improved
Content Value Population
Type Parcel Count Count Value Value
SRA Moderate
Commercial 1 1 $74,452 $74,452 $148,904
Residential 1 2 $142,860 $71,430 $214,290
Total 2 3 $217,312 $145,882 $363,194 7
Source: Merced County Assessor, Wood analysis
Table 2-9 Sphere of Influence Areas Exposed Within Fire Threat Areas Improved Building Building Total Estimated
Property Improved
Parcel Count Count Building Content Total Value Population Type Value
Count Moderate Low Count Value
Agricultural 23 3 27 30 $4,591,318 $4,591,318 $9,182,636 Commercial 1 1 $1,672,979 $1,672,979 $3,345,958
Exempt 0 2 $0 $0 $0
Residential 8 9 10 $1,263,255 $631,628 $1,894,883 33
Total 35 5 39 44 $7,527,552 $6,895,925 | $14,423,477 33 Source: Merced County Assessor, Wood analysis
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 18 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
3 CapaBILITy AssessmenT
Capabilities are the programs and policies currently in use to reduce hazard impacts or that could be used to implement hazard mitigation activities. This capabilities assessment is divided into five sections:
regulatory mitigation capabilities, administrative and technical mitigation capabilities, fiscal mitigation capabilities, mitigation outreach and partnerships, and other mitigation efforts. To develop this capability assessment, the jurisdictional planning representatives reviewed a matrix of common mitigation activities to inventory which of these policies or programs and shared any updates or changes through the Gustine Data Collection Guide. The team then supplemented this inventory by reviewing additional existing policies, regulations, plans, and programs to determine if they contribute to reducing hazard-related losses.
During the plan update process, this inventory was reviewed by the jurisdictional planning representatives and Wood consultant team staff to update information where applicable and note ways in which these capabilities have improved or expanded. Additionally, in summarizing current capabilities and identifying gaps, the jurisdictional planning representatives also considered their ability to expand or improve upon existing policies and programs as potential new mitigation strategies. The City of Gustine's capabilities are summarized below.
3.1 Regulatory Capability
The regulatory and planning capabilities table lists planning and land management tools typically used by local jurisdictions to implement hazard mitigation activities. The table below indicates those that are in place in the City of Gustine
Table 3-1 City of Gustine —Regulatory and Planning Capabilities Regulatory Tool
Yes/No Comments
(ordinances, codes, plans)
General Plan Yes
Zoning ordinance Yes
Subdivision ordinance Yes
Growth management ordinance No
Floodplain ordinance No
Other special purpose ordinance
No
uilding code Yes
Erson or en ronto program Yes
No
tormwater management progra Yes
te plan review requirement Yes
Yes
Yes
Yes
No
engineering study for streams No
Elevation certificates (for floodplain
development) No
Other
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 19 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
City of Gustine General Plan, 2002 - The General Plan defines the City's goals, objectives and policies that guide the physical growth, use and development of land under the jurisdictional authority of the City.
The purpose of the Safety Element (Section 9) is to reduce or eliminate long term risk to people and property from natural or human caused hazards. This element focuses on establishing policies and programs to protect the community from risks associated with seismic and geologic, dam failure, canals and drainage ponds, flooding, hazardous materials, aquatic insects, and urban and wildland fire hazards.
The City of Gustine General Plan Safety Element does not reference incorporation of the 2014 MJHMP, as this is the first Mitigation Annex for the City.
National Flood Insurance Program - The City of Gustine is not a participant in the NFIP and has been sanctioned since December 2, 2009. This means that residents are not able to obtain flood insurance from the NFIP. The City has minimal flood risk and the effective FEMA flood hazard mapping does not show any Special Flood Hazard Area (SHA) or 1% annual chance flooding within city limits, except for a small area near the airport. This has been the reason for not joining the NFIP, but as part of this plan update the City will revisit the cost and benefit of joining, including working with CA DWR and FEMA to understand the implications of the sanction designation.
3.2 Administrative and Technical Capability
The table below identifies city personnel with responsibilities for activities related to mitigation and loss prevention in the City of Gustine. Many positions are full time and/or filled by the same person. A summary of technical resources follows.
Table 3-2 City of Gustine —Personnel Capabilities
Personnel Resources Yes/No Department/Position Comments Planner/engineer with knowledge of land
development/land management Yes Contract Planner
practices
Engineer/professional trained in
construction practices related to Yes Contract Engineer buildings and/or infrastructure
Planner/engineer/scientist with an
Yes Contract Planner/Engineer
understanding of natural hazards
Personnel skilled in GIS Yes Contract Planner/Engineer
Full time building official No
Floodplain manager Yes Public Works Director
Emergency manager Yes Chief of Police
Grant writer Yes Contract
Other personnel
GIS Data Resources
(Hazard areas, critical facilities, land use, Yes Contract Planner building footprints, etc.)
Contract Dispatch with Code Red
Yes Livingston Police
Narning signals Department
Other
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 20 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
3.3 Fiscal Capability
The following table identifies financial tools or resources that the City could potentially use to help fund mitigation activities. There are currently no specific funding sources for hazard mitigation.
Table 3-3 City of Gustine -Available Financial Tools and Resources Accessible/ Has This Been Used for Comments
Financial Resources
Eligible to Use Mitigation in the Past?
Community Development Yes No
Block Grants
Capital improvements project
Yes No
funding
Authority to levy taxes for Yes No
specific purposes
Fees for water, sewer, gas, or
electric services, new Yes No
development
Incur debt through general No
Yes
obligation bonds
Incur debt through special tax
bonds Yes No
Incur debt through private No
No
activities
Federal Grant Programs (e.g. The City has used funding to Hazard Mitigation Grant Yes Yes install pumps at the airport t Program) nitigate flooding hazard
3.4 Outreach and Partnerships
The Merced County Office of Emergency Services provides education and outreach on Disaster Preparedness for all of the jurisdictions within the County. This education program is in coordination and partnerships with county and the cities' departments with education programs including the Sheriff's Office, Police Departments, Fire Departments, Agricultural Commissioner, and the Department of Public Health
The Gustine Planning Team notes the following ongoing outreach efforts in the city:
• Outreach specific to responsible water use
• School Resource office conducts earthquake and fire safety seminars • City flyers on disaster preparedness
3.4.1 Planning Commission
The Planning Commission reviews development proposals for compliance with the General Plan and makes recommendations to the City Council on long range plans and maps for the City and plans for public improvements, plans and development plans for proposed for property within the City, and zoning and rezoning of property within the City. The Commission develops and maintains a long range comprehensive General Plan of the Gustine planning area.
3.5 Opportunities for Enhancement
Based on the capabilities assessment, the City of Gustine has several existing mechanisms in place that already help to mitigate hazards. There are also opportunities for the city to expand or improve on their Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 21 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
policies, programs and fiscal capabilities and further protect the community. Future improvements may include providing training for staff members related to hazards or hazard mitigation grant funding in partnership with the County and Cal OES. Additional training opportunities will help to inform City staff members on how best to integrate hazard information and mitigation projects into their departments.
Continuing to train City staff on mitigation and the hazards that pose a risk to the City of Gustine will lead to more informed staff members who can better communicate this information to the public.
In addition, the LPT noted City staff will review current equipment inventory to determine best practices in equipment needed to mitigate hazards. After inventory, City staff will recommend the purchase of equipment needed.
4 MITIGATION STRATEGY
4.1 Goals and Objectives
The City of Gustine adopts the hazard mitigation goals and objectives developed by the Planning Team and described in Section 5 Mitigation Strategy of the Basin Plan.
4.2 Mitigation Actions
The Planning Team for the City identified and prioritized the following mitigation actions based on risk assessments, goals, and objectives. Background information as well as information on how the action will be implemented and administered, such as ideas for implementation, responsible office, partners, potential funding, estimated cost, and timeline also are described Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 22 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Table 4-1 City of Gustine Mitigation Action Plan
Goal(s) Hazard(s) Description/Background/
and Lead Agency Estimate and Priority Timeline Status/Implementation Lifelines Mitigated Benefits and Partners Potential
Funding
Develop and enhance storm-water
drainage improvements to reduce
frequent flooding. Projects may
1,2,3 Flood and involve upgrade gutter and $100,000-
Safety drainage systems, basins, trunk Public Works, $1,500,000 36-48 and Levee Development High New in 2021
Failure lines, auxiliary pipes and Services Grants, Months Security interconnections. For example, General Fund
connect a drain pipe loop around
the city and install street drainage
gutters in the downtown area
Perform building specific seismic
vulnerability assessment of City-
2,3 owned critical facilities (building Public Works, $500,000- Safety and infrastructure such as water $1,500,000 36-48 Earthquake Development Medium New in 2021
and towers and airplane hangars) Grants, Months
Services
Security constructed prior to 1980 and take General Fund action to upgrade or retrofit as
needed.
Investigate Drought Monitoring,
Risk, and Management Options.
Develop and implement a water
conservation plan that seeks to
reduce the nonessential use of
water to conserve county water
2,3,4 Public Works $500,000-
supplies. The conservation plan
Food, would establish mandatory water County and $100,000,000 48-60 Drought High New in 2021
Water, restrictions within Merced County all Grants, Months Shelter jurisdictions General Fund
to discourage waste. Lastly,
incorporate treatment of recycled
water for potable consumption.
To reduce the likelihood of
drought impacts occurring again
in the future, develop drought
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 23 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
Goal(s) Cost
and Hazard(s) Description/Background/ Lead Agency Estimate and Status/Implementation Mitigated Benefits and Partners Potential Priority Timeline Lifelines
Funding
plans that outline proactive
strategies that can be
implemented before, during, and
after drought to increase societal
and environmental resiliency and
enhance drought response and
recovery capabilities.
2,3,4 Explore cost/benefit of joining the
Food, Flood and NFIP and gain an understanding Public Works, Water, Levee of the sanction designation Development Staff time Low 2022 New in 2021 Shelter Failure through further discussions with Services Ca DWR and FEMA.
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 24 2021 Merced County Multi-Jurisdictional Hazard Mitigation Plan Annex C: City of Gustine
5 IMPLEMENTATION AND MAINTENANCE
Moving forward, the city will use the mitigation action table in the previous section to track progress on implementation of each project. Implementation of the plan overall is discussed in Section 6 in the Base Plan.
5.1 Incorporation into Existing Planning Mechanisms
The information contained within this plan, including results from the Vulnerability Assessment, and the Mitigation Strategy will be used by the City to help inform updates and the development of local plans, programs and policies. The City will incorporate this MJHMP into the Safety Element of their General Plan, as recommended by Assembly Bill (AB) 2140.
As noted in Section 6 of the Base Plan, the LPT representatives from Gustine will report on efforts to integrate the hazard mitigation plan into local plans, programs and policies and will report on these efforts at the annual LPT plan review meeting.
5.2 Monitoring, Evaluation and Updating the Plan
The City will follow the procedures to monitor, review, and update this plan in accordance with Merced County as outlined in Section 6 of the Base Plan. The City will continue to involve the public in mitigation, as described in Section 6.2.1 of the Base Plan. The City Manager will be responsible for representing the city in the County LPT, and for coordination with City staff and departments during plan updates. The City realizes it is important to review the plan regularly and update it every five years in accordance with the Disaster Mitigation Act Requirements as well as other State of California requirements.
Merced County Multi-Jurisdictional Hazard Mitigation Plan | 2021-2026 Update Page 25 GUSTINE CITY COUNCIL AGENDA ITEM #12
EXHIBT D - Multi-Jurisdictional Hazard Mitigation Plan
Merced County Multi-Jurisdictional Hazard Mitigation Plan 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; June 21, 2022; "Additional Documents"
ITEM NO. 13
COUNCIL AGENDA ITEM
JUNE 21, 2022
PREPAREd BY: Jami Westervelt, Economic and Community Development Director Anne Branham, Assistant City Attorney
SUBJECT: Consider Adoption of Amended and Extended Operating Agreement for Tip Top Farms
BACKGROUND/DISCUSSION
On September 3, 2019, the Gustine City Council approved an Operating Agreement (OA) for the Tip Top Farms commercial cannabis business located at 377 4th Street in Gustine. The OA was one of several steps required by the City to open the facility, with others including City approval of a Development Agreement (DA), Conditional Use Permit and business license.
In addition to the City requirements, the business also had to fulfill State requirements and completely remodel its building at this location. Ultimately, the business did not open until January, 2022. When the City approved its agreements with Tip Top Farms, neither anticipated that it would take 28 additional months to open the business.
As consideration for the rights and benefits that Tip Top Farms enjoys under the DA and OA, the OA spells out Community Benefit Payments that Tip Top Farms will pay to the City in relation to its operations at the location, which include Indoor Cultivation, Distribution and Retail Sales rates. The OA contained in its terms an initial six-month period following the Commencement date in January 2022, where rates were at the lowest period of the agreement. The OA then called for a rate increase to begin six months after that date, which falls at the end of July 2022:
Activity Initial Rate (first six months) Scheduled Increase July 2022 Cultivation 1.25% AND $12.50 per square foot 2.5% AND $25 per square foot Distribution 3% 6%
Retail Sales 6% 8%
In response to changing market conditions, Tip Top Farms has approached staff requesting changes from the scheduled increases. The business requested amending the rates as follows: Cultivation at $6.00/square foot, Distribution at 0% for self and 1% for third party, and Retail Sales at 5% (but only 3% for Retail Sales for the first six months of the amended OA).
Representatives for Tip Top Farms state that the industry market has changed since the 2019 agreement and that profitability has fallen. They state nearby jurisdictions have decreased rates applicable to cannabis businesses, or are in discussions to do so. In response to this request, City staff contacted nearby jurisdictions to inquire about current rates, historical rate decreases and future plans for rate reductions (Exhibit C).
Community Benefit Calculations for Amended OA
Jurisdictions in the area break rates down differently, but the five basic category areas are (in alphabetical order): Cultivation, Distribution, Manufacturing, Retail and Testing.
There are generally three different ways that jurisdictions calculate payments for the various types of cannabis activities listed above: Percent of Gross Receipts, Flat fee in dollars, and a per square foot charge based on floor space used for a particular category of activity. Jurisdictions may use one or more of these calculation types for each activity, making true comparisons challenging.
From the research conducted, staff found much variability among jurisdictions in their rate structures. It seems that rate reductions took place most often in the jurisdictions having cannabis businesses open for the longest. Most of those who reduced rates initially stated they currently had no formal plans to reduce rates further-but noted this is always subject to change.
Based on the research of other jurisdictions, staff is recommending a rate structure for Tip Top Farms that reflects a balanced approach that is within the averages of neighboring jurisdictions, including those that have recently lowered their rates in response to market conditions. Thus, by adopting the recommended rates, the Council would be within the "average" range of many nearby jurisdictions for each category.
The revised rate structure staff recommends is as follows:
Commencing on Amendment Date and
terminating on December 31, 2023: 2.5%
of Gross Receipts derived from cannabis
Cultivation, to be paid on a monthly basis
as set forth in Section 6.B.
Cultivation
Commencing on January 1, 2024 and
terminating on December 31, 2024: 3.5%
of Gross Receipts derived from cannabis
Cultivation, to be paid on a monthly basis
as set forth in Section 6.B.
Commencing on Amendment Date and
terminating on December 31, 2023: 3% of
Gross Receipts derived from cannabis
Distribution, to be paid on a monthly basis
as set forth in Section 6.B.
Distribution
Commencing on January 1, 2024 and
terminating on December 31, 2024: 6% of
Gross Receipts derived from cannabis
Distribution, to be paid on a monthly basis
as set forth in Section 6.B.
Commencing on Amendment Date and
terminating on December 31, 2023: 6% of
Gross Receipts derived from cannabis
Retail, to be paid on a monthly basis as
set forth in Section 6.B.
Retail
Commencing on January 1, 2024 and
terminating on December 31, 2024: 8% of
Gross Receipts derived from cannabis
Distribution, to be paid on a monthly basis
as set forth in Section 6.B.
Staff proposes a staggered rate structure for two reasons: (1) to give staff a chance to reassess the appropriateness of these rates once the business has been operating subject to these rates for a longer period of time, and (2) to give the City the opportunity to discuss whether it should consider moving away from the OA/DA structure, and toward a pure regulatory permitting and cannabis taxation framework.
Note also that the proposed structure, supported through accompanying language in the OA clearly defining each category, accounts for so-called vertical integration in the business's operations. By only requiring payments for gross receipts attributable to each distinct category of activity, the business can vertically integrate to reduce its overall financial burden. For instance, if the business were to cultivate cannabis specifically for its own internal use, only self-distribute cannabis, and then sell its own in- house products at retail, it would only be charged a public benefit fee at the retail level (in other words, it would not be "triple-taxed"). However, if the business cultivated cannabis to sell externally, or distributed cannabis to third parties, it would be required to pay the public benefit fees attributable to the gross receipts for those activities.
Nothing in this agreement precludes Tip Top Farms from approaching staff again prior to scheduled increases if it believes the market has taken a further downturn.
In addition to the above, staff and counsel recommend revising the language shown in Section 4.E of the OA. The changes recommended make clear that the City has the power to audit and examine the books and records of the business to ascertain the gross receipts for purposes of the required community benefit payment, and to retroactively verify such gross receipts as needed.
As previously stated the primary reason for Tip Top Farms requesting to lower their Community benefit Payments is to stay competitive in the market. Staff believes the balanced approached recommended by staff accomplishes that based on the review of neighboring jurisdictions. Furthermore, staff has proposed maintaining the reduced rates until December 31, 2023 to see if market conditions improve. If the representatives of Tip Top Farms believe the market conditions have not improved sufficiently to sustain the rate increase scheduled to commence on January 1, 2024, they may request an amendment to the OA as was done this time.
In incidental conversations with other jurisdictions, it appears that some jurisdictions are internally discussing a Cannabis Tax. The OA with Tip Top mentions a potential Cannabis Tax in Gustine, stating that those with an OA "shall pay the cannabis tax or the monthly payments, whichever is greater, for the remaining term of the agreement." However, establishing a cannabis tax follows a much longer process. The Council needs to address the question of the rates in the current OA with Tip Top Farms at this time and separately pursue a longer-term cannabis tax discussion if Council so desires.
It bears noting that Council will also need to consider the Development Agreement (DA) for Tip Top Farms at future meetings. That document contains different dates than the OA and it expires in September 2022 if not extended. Staff was unable to bring that document to the Council now because the DA also requires Planning Commission consideration prior to coming to Council. The next eligible Planning Commission meeting, due to noticing requirements, is July 27. Staff intends to recommend in that process that the City sync-up the expiration date of both agreements.
FISCAL IMPACT
Reduction in the Community Benefit Rates will reduce the amount of payments from what Tip Top Farms would have made to the City following the increase. However, without sufficient historical data, staff cannot make an educated determination on the loss of additional potential revenue related to the reduction.
RECOMMENDATION
City Council consider a motion to approve the proposed First Amended Operating Agreement for Tip Top Farms, and authorize the Interim City Manager to execute such Agreement, including minor, non-substantive changes as may be required.
EXHIBIT(S)
A) Proposed First Amended OA (Redline)
B) Proposed First Amended OA (Clean)
C) Research on Rates in Nearby Jurisdictions
APPROVED BY:
Brad Kilger, Interim City Manager
FIRST AMENDED OPERATING AGREEMENT FOR CANNABIS BUSINESS
LOCATED IN THE CITY OF GUSTINE
TIP TOP FARMS - 377 4TH STREET, GUSTINE, CA 95322
This First Amended Operating Agreement for a Cannabis Business (hereinafter "Agreement"), dated November 23, 2020 ("Effective Date") and amended on June 21. 2022 (Amendment Date"), is entered into by and between the City of Gustine (the "City"), a California municipal corporation, and Tip Top Farms ("Cannabis Business"), a California corporation. The City and Cannabis Business may be referred to herein individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the Cannabis Business submitted an application to the City for a use permit to conduct certain commercial cannabis uses in the City, located at 377 4th Street, Gustine, California 95322 ("Subject Property"); and
WHEREAS, the City granted a use permit to the Cannabis Business on September 3, 2019, to permit indoor cannabis cultivation, cannabis distribution, and cannabis retail sales at the Subject Property, subject to conditions of approval, issuance of a cannabis business permit and execution of this Agreement; and
WHEREAS, Section 5-8-06(a)(9) of the Gustine Municipal Code provides that the City shall enter into an Operating Agreement and Indemnification, in conjunction with the issuance of a Cannabis Business Permit, in which the Cannabis Business agrees to abide by the requirements of the Municipal Code and any other operating terms and conditions as mutually agreed by the parties; and
WHEREAS, the City Council of the City of Gustine has determined that both community benefits and potential adverse impacts may result from the operation of cannabis businesses in the City, and therefore desires to ensure all such impacts are adequately mitigated and offset by the potential community benefits the businesses can provide to the City and its residents; and WHEREAS, the Cannabis Business and the City have mutually agreed to certain minimum payments to the City to provide for projects, programs, and other services and activities that will positively contribute to the community and account for any adverse impacts or increases in need for services caused by the operation of the Cannabis Business in the community.
NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants set forth herein, the Parties agree as follows:
AGREEMENT
Incorporation of Recitals. The Recitals, and all defined terms set forth in this Agreement, are hereby incorporated into this Agreement as if set forth herein in full.
2. Definitions. The following terms shall have the following meanings for purposes of this Agreement, but other terms may be defined elsewhere in this Agreement. 1 28859.00009140155616.1
A. "Cannabis business permit" means the regulatory permit issued by the City to the Cannabis Business pursuant to the provisions of Chapter 8 of Title 5 (hereafter, "Chapter 5-8") of the Gustine Municipal Code.
A.B. "Canopy" means the designated area(s) at a licensed premises that will contain mature plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time. including all of the space(s) within the boundaries. Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary such as an interior wall or by at least ten feet of open space. If mature plants are being cultivated using a shelving system. the surface area of each level shall be included in the total canopy calculation.
C. "City Manager" means the City Manager and his or her designee.
B.D. "City Permits" means and includes all building permits, use permits, zoning amendments, operating agreements, development agreements, and other permits, including the cannabis business permit, licenses, entitlements, and agreements that the City, acting in its governmental capacity, must issue or approve for the Cannabis Business to operate in accordance with the City's regulations and this Agreement.
C.E. "Commencement Date" means the date that all of the following have occurred: (1) the City has issued all necessary City Permits; (2) the Cannabis Business has obtained all necessary State Licenses to operate; and (3) the Cannabis Business has obtained a certificate of occupancy.
"City Manager" means the City Manager and his or her designee:
F. "Cultivation" means and includes any activity involving the planting, growing. harvesting, or processing (including drying, curing. grading, trimming, storing. packaging, or labeling) of nonmanufactured cannabis. Cultivation includes indoor, mixed-light, natural light, or nursery cultivation.
G. "Distribution" means the procurement. sale. and transport of cannabis and cannabis products between entities licensed pursuant to state and local law.
D.H. "Effective Date" means the date first entered above as the Effective Date that both Parties have signed this Agreement.
E-L "Gross Receipts" means the total amount actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, all cost of materials used, labor 2 28859.00009\40155616.1
or service costs, interest paid or losses or other expenses. The following shall not be included in the definition of "Gross Receipts: (1) Cash discounts allowed and taken on sales; (2) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; and (3) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded.
J. "Manager" means a person with responsibility and authority over the establishment, management, supervision, or oversight of the operation of the Cannabis Business.
F.K. "Retail" means a commercial cannabis business where cannabis, cannabis products. or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid state license as required by state law to operate a retail business.
G.L. "State License" means all licenses required to be issued by the State of California for operation of the Cannabis Business pursuant to Division 10 of the Business and Professions Code and applicable state regulations, including but not limited to Division 42 of Title 16, Division 8 of Title 3, and Division 1 of Title 17 of the California Code of Regulations, as those provisions may be amended.
H.M. "Term" means the period of time this Agreement is in effect, and any renewal periods, as specified in Section 3.
I.N._ "Use Permit" means the use permit, including any and all conditions of approval, issued by the City to the Cannabis Business pursuant to the City's Zoning Code, as approved by the City Council on or about September 3, 2019, as may be amended, related to the operation of a commercial cannabis business at the Subject Property.
3. Term of Agreement. The Term of this Agreement shall commence on the Effective Amendment Date and continue for a period of three (3) years therefromuntil December 31, 2024 ("'Initial Amended Term"), subject to variable payment obligations as set forth in Section 6. unless earlier terminated as specified in this Agreement. Prior to the expiration of the Initial Term and any subsequent Renewal Period, the Parties may mutually agree to extend the Term of this Agreement for up to two (2) additional two year (3-year) terms to run consecutivelyan additional term to be negotiated upon a written request for such extension (each a "Renewal Period").
General Terms and Conditions. The Cannabis Business shall comply with all of the following terms and conditions for the Term of this Agreement:
A. This Agreement is only valid for the Cannabis Business to operate at the Subject Property identified in this Agreement. The rights and obligations set forth in this Agreement shall not be transferred, assigned, or assumed unless agreed to in advance in writing by the City. The Cannabis Business expressly acknowledges, understands and agrees that nothing in this Agreement confers any ongoing vested property right or 3 28859.00009\40155616.1
entitlement to conduct the Cannabis Business, or any other commercial cannabis activity, at the Subject Property; this Agreement sets forth only the operational requirements of the Cannabis Business as otherwise approved by the City.
B. Conditions placed on any City Permits, expressly including the Cannabis Business Permit, the Use Permit, and the Development Agreement, as applicable, shall be conditions and requirements of this Agreement. Violations of the City Permits shall be deemed violations of this Agreement and shall constitute a material breach of this Agreement. Violations of any applicable State Licenses shall be deemed violations of this Agreement and shall constitute a material breach of this Agreement.
C. The Cannabis Business shall obtain and maintain at all times a valid Cannabis Business Permit, Use Permit, and applicable State License(s) prior to and during operation of the Cannabis Business.
i. As soon as practicable, the Cannabis Business shall inform the City when it obtains its necessary State License(s), and shall provide a copy of the State Licenses) to the City Manager. The City shall cooperate with the Cannabis Business as appropriate and as needed to facilitate the State's issuance of a State License(s) to the Cannabis Business.
ii. The Cannabis Business agrees to provide City with copies of any reports provided to a State Cannabis Licensing Agency, including any required financial or compliance reports, within thirty (30) days of that submission and further agrees to keep such records in accordance with State law and Chapter 5-8 of the Gustine Municipal Code.
iii. The City shall diligently process the Cannabis Business's applications for all City Permits. This Agreement does not commit the City in advance to approve the City Permits; nor does this Agreement constrain the City's discretion to determine compliance with all requirements regarding issuance of any City Permits.
Nothing in this Agreement relieves the Cannabis Business of the obligation to comply with all requirements and application procedures set forth in Chapter 5-8 of the Gustine Municipal Code.
D. The Cannabis Business understands, acknowledges and agrees to comply with all applicable then-existing state and local laws and regulations applicable to operation of the Cannabis Business, including Chapters 5-8 of the Gustine Municipal Code.
E. The Cannabis Business agrees to conduet an annual financial audit and/or compliance review, at Cannabis Business's cost, as requested by the City.The City shall have the power to audit and examine all books and records of the Cannabis Business, including both State and Federal income tax returns. California sales tax returns. or other evidence documenting the gross receipts of the Cannabis Business, for the purpose of ascertaining the gross receipts to determine the amount of the Community Benefit Payment required to be paid by this Agreement, and for the purpose of verifying any statements or item thereof when filed by the Cannabis Business. If the Cannabis Business, after written demand by the City, refuses to make available for audit, examination, or verification 4 28859.00009\40155616.1
such books or records as the City requests, the City may, after full consideration of all information within his or her knowledge, make an assessment he or she determines to be the closest, best estimate of the Cannabis Business's Community Benefit Payment due.
5. Operational Requirements. In addition to all operating requirements set forth in Chapter 5-8 of the Gustine Municipal Code, the Cannabis Business shall comply with the following specific operational requirements:
A. The Cannabis Business shall immediately notify the City Police Department of any criminal activity, or suspected criminal activity, occurring at the Subject Property. In the event of any internal security system breach, including a faulty alarm system, broken or damaged surveillance cameras or other video recording equipment, or broken or damaged locks, doors, or lighting which may increase risk of criminal activity at the Subject Property, the Manager of the Cannabis Business shall notify the City Police Department as soon as practicable after becoming aware of the security system breach.
The Cannabis Business shall diligently attempt to fix or resolve any such security breach immediately; if circumstances require additional time and delay to remedy, the Cannabis Business shall so notify City police and provide an estimated timeline the breach will be cured
B. If the Cannabis Business receives any criminal threats, or otherwise suspects any criminal targeting related to movement of product or cash from or to the Subject Property, the Cannabis Business shall immediately notify the City Police Department.
C. The Cannabis Business shall abide by the following hours of operation:
i. Indoor Cultivation (not open to the public) — 7 a.m. to 11 p.m., seven (7) days per week on a regular basis. However, the Cannabis Business may extend these business hours during peak cultivation periods, in the Cannabis Business's sole discretion, in order to operate up to a maximum of 24 hours per day, upon notice to the City.
Distribution (not open to the public) - 7 a.m. to 7 p.m., six (6) days per week, Monday through Saturday.
iii. Retail Sales — 9 a.m. to 9 p.m., seven (7) days per week, including both Storefront Retail Sales and Retail Deliveries.
6. Consideration. As consideration for the rights and benefits it enjoys under this Agreement, including its operation of approved cannabis uses in the City during the Term, the Cannabis Business shall do all of the following:
A. Community Benefit Payments. The Cannabis Business shall pay to the City a community benefit fee in the amounts and on the schedule set forth below:
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Commencing on Amendment Date and
terminating on December 31, 2023: 2.5% of
Gross Receipts derived from cannabis
Cultivation, to be paid on a monthly basis as
set forth in Section 6.B. No fee will be
charged when Cultivation activities are
undertaken exclusively for the benefit of the
Cannabis Business, and the Cannabis Business
does not realize any Gross Receipts from such
Cultivation activities.
Cultivation
Commencing on January 1, 2024 and
terminating on December 31, 2024: 3.5% of
Gross Receipts derived from cannabis
Cultivation, to be paid on a monthly basis as
set forth in Section 6.B. No fee will be
charged when Cultivation activities are
undertaken exclusively for the benefit of the
Cannabis Business, and the Cannabis Business
does not realize any Gross Receipts from such
Cultivation activities.
Commencing on Amendment Date and
terminating on December 31, 2023: 3% of
Gross Receipts derived from cannabis
Distribution, to be paid on a monthly basis as
set forth in Section 6.B. No fee will be
charged when Distribution activities are
undertaken exclusively for the benefit of the
Cannabis Business, and the Cannabis Business
does not realize any Gross Receipts from such
Distribution activities.
Distribution
Commencing on January. 1, 2024 and
terminating on December 31, 2024: 6% of
Gross Receipts derived from cannabis
Distribution. to be paid on a monthly basis as
set forth in Section 6.B. No fee will be
charged when Distribution activities are
undertaken exclusively for the benefit of the
Cannabis Business, and the Cannabis Business
does not realize any Gross Receipts from such
Distribution activities.
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Commencing on Amendment Date and
terminating on December 31. 2023: 6% of
Gross Receipts derived from cannabis Retail.
to be paid on a monthly basis as set forth in
Section 6.B.
Retail
Commencing on January 1. 2024 and
terminating on December 31, 2024: 8% of
Gross Receipts derived from cannabis
Distribution, to be paid on a monthly basis as
set forth in Section 6.B.
Indoor Cultivation: The Cannabis Business shall pay to the City 1.25% of its Gress Receipts derived from its cannabis cultivation activities at the Subjeet Property, and $12.50 per square foot of cannabis cultivation canopy space; effective for the period beginning on the Commeneement Date and terminating six (6) menths thereafter ("Initial Cultivation Payment"). The Initial Cultivation Payment shall be due and payable as a single lump sum payment, unless otherwise agreed by the City, within thirty (30) days of the end of the six-month period. Thereafter, the Cannabis Business shall pay to the City 2.5% of its Gross Reeeipts derived from its cannabis cultivation activities at the Subjeet Property, and $25 per square foot of cannabis cultivation canopy space, on a monthly basis as specified below ("Monthly Cultivation Payment").
Distribution: The Cannabis Business shall pay to the City 3% of its Gress Receipts derived from its cannabis distribution activities, effective for the period beginning on the Commeneement Date and terminating six (6) months thereafter ("Initial Distribution Payment"). The Initial Distribution Payment shall be due and payable as a single lump sum payment, unless otherwise agreed by the City, within thirty (30) days of the end of the six- month period. Thereafter, the Cannabis Business shall pay to the City 6% of its Gross Receipts derived from its cannabis distribution activities, on a monthly basis as specified below ("Monthly Distribution Payment").
Retail Sales: The Cannabis Business shall pay to the City 6% of its Gress Receipts derived from its cannabis retail activities, expressly including all retail sales whether condueted by delivery or onsite at the Subject Property, effective for the period beginning on the Commencement Date and terminating six (6) months thereafter ("Initial Retail Payment"). The Initial Retail Payment shall be due and payable as a single lump sum payment, unless otherwise agreed by the City, within thirty (30) days of the end of the six- month period. Thereafter, the Cannabis Business shall pay to the City 8% of 7 28859 00009\40155616.1
its Gross Reeeipts derived from its cannabis retail activities, on a monthly basis as speeified below ("Monthly Retail Payment"):
B. Monthly Payments: The Monthly Cultivation Payment, Monthly Distribution Payment, and Monthly Retail Payment (collectively, "Monthly Payments") shall be paid together and calculated per calendar month, due and payable on the 15th day of the subsequent calendar month. By way of example only, Monthly Payments for the month of September would be calculated from September 1 through September 30, due and payable on October 15.
a. If a Monthly Payment is not paid in full within fifteen (15) days after it is due and payable, the Monthly Payment shall accrue a penalty of five percent (5%) compounding for each month the Monthly Payment is late, until the Monthly Payment and all penalties are paid in full. b. Monthly Payments shall be made to the City's Finance Department.
In the event the Cannabis Business intends to pay a Monthly Payment in cash in an amount that exceeds $10,000, the Cannabis Business shall notify the City in advance to make prior arrangements. c. The Cannabis Business shall keep accurate and adequate records and documentation to reflect its monthly Gross Receipts. Pursuant to Chapter 5-8 of the Gustine Municipal Code, the Cannabis Business shall maintain all such records for at least three (3) years, and shall produce those records to the City within 24 hours after receipt of the City's request.
d. Accompanying the Monthly Payments, the Cannabis Business shall deliver to the City a report ("the Monthly Report") showing (1) Gross Receipts of the Cannabis Business for the immediate prior month; 2) a cumulative total of all amounts of Gross Receipts received by the Cannabis Business to date for the calendar year, (3) a calculation of the Monthly Payment currently due to the City; and (4) a calculation of the cumulative total of all Monthly Payments made to the City to date for the calendar year.
C. Cannabis Tax: In the event that City voters approve a cannabis-specific tax to be imposed on cannabis businesses operating in the City, including the Cannabis Business, the Cannabis Business shall pay the cannabis tax or the Monthly Payments, whichever is greater, for the remaining term of this Agreement. Nothing in this Agreement shall relieve the Cannabis Business of the obligation to pay all applicable State and local taxes, including a possible future City cannabis tax.
D. B. Community Contributions. The Cannabis Business, as part of its project proposal submitted to the City and accepted and approved by the City Council, promised to make certain additional community contributions to the City of Gustine to ensure that any potential adverse impacts of the Cannabis Business are adequately offset by the business's positive community contributions. Accordingly, the Cannabis Business agrees to provide the following:
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i. Cannabis Business shall strive to hire or contract with local Gustine residents and businesses, as applicable and in accordance with all federal and state laws, if such residents and businesses apply and are qualified for the position or role sought. The purpose of this commitment is to promote and foster increased job opportunity and growth in the City, as promised and projected by the Cannabis Business. Cannabis Business shall not engage in unlawful discriminatory hiring practices, nor shall this Agreement be construed to condone discriminatory hiring practices
ii. The Cannabis Business agrees to donate $20,000 to the City per fiscal year, beginning Fiscal Year 2020 unless otherwise reasonably agreed by the City due to timing of State licensing and commencement of business operations, to br ised toward a community event or events held in the City. The acceptance anc use of the donations shall be subject to City Council approval, with input from the Cannabis Business. Nothing in this Agreement binds the City to acceptance of the donations or use of funds for particular events, nor shall this Agreement in any way operate to restrict or bind the City Council's discretion and legislative authority.
7. Termination. The City and/or Cannabis Business may terminate this Agreement prior to expiration of the Term for the reasons and subject to the requirements set forth below. The Cannabis Business understands and acknowledges that the right to operate the Cannabis Business is expressly contingent on full execution of an Operating Agreement, as required by Section 5-806(a)(9) of the Gustine Municipal Code. As such, termination of this Agreement shall result in the immediate termination of the Cannabis Business's operations, unless and until a new Operating Agreement is executed by the Parties
A. City's Termination Rights. Without prejudice to its other remedies at law or in equity, the City may terminate this Agreement, at any time and in its sole discretion, effective thirty (30) days after the City provides written notice of termination to the Cannabis Business, if any of the following circumstances occurs:
i. The Cannabis Business breaches its obligation to pay the Monthly Payments when due and fails to cure the breach within thirty (30) days after the City provides the Cannabis Business with a written notice of default. ii. The Cannabis Business breaches its obligation to perform in accordance with any material provision of this Agreement, other than the obligation to pay the Monthly Payment, and: (A) does not cure the breach within thirty (30) days after the City provides the Cannabis Business with a written notice of breach or, if the breach cannot reasonably be cured within 30 days, (B) does not begin work to cure the breach within thirty (30) days after the City provides the Cannabis Business with a written notice of breach. The Parties may mutually agree in writing to extend the time period to cure the breach. The express designation in this Agreement of a provision as "material" does not imply that other provisions are not material.
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ili. The Cannabis Business fails to obtain and maintain at all times prior to and during operation of the Cannabis Business a valid Cannabis Business Permit and State License(s), or violates any provision law or condition of approval of the Use Permit or other City Permits, as determined in the City's sole discretion. iv. The uses and business activities of the Cannabis Business are declared unlawful by order of Court, or become illegal by operation of State law.
B. Cannabis Business's Termination Rights. The Cannabis Business may, at any time and in its sole discretion, effective thirty (30) days after the Cannabis Business provides written notice of termination to the City, may terminate this Agreement if the Cannabis Business has permanently ceased operations, or intends to cease operations within thirty (30) days, in the City of Gustine.
8. Release & Indemnification. The Cannabis Business shall release and hold harmless the City, its agents, officers, elected officials, staff and employees (collectively, "City Parties") from any and all claims, injuries, damages, or liabilities of any kind arising from: (i) any repeal or amendment of Chapter 5-8 of the Gustine Municipal Code, or any provision of the Zoning Code relating to the Cannabis Business, and (i) any arrest or prosecution of the Cannabis Business or its owners, Managers, staff, employees, or members for violation of state or federal laws. The Cannabis Business shall further defend, indemnify and hold harmless the City Parties from and against any and all claims or actions: (i) brought by adjacent or nearby property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from or related to the Cannabis Business operations at the Subject Property, and (ii) brought by any party for any problems, injuries, damages, or other liabilities of any kind, including bodily injury, death or property damage, arising out of the distribution and delivery of cannabis or cannabis products from or to the Subject Property. The obligations in this Section 7 Release & Indemnification shall survive any expiration or termination of this Agreement.
9. Insurance.
A. Time for Compliance. The Cannabis Business shall not begin operations until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall constitute material breach of this Agreement.
B. Types of Required Coverages. Without limiting the indemnity provisions of this Agreement, the Cannabis Business shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance:
i. Commercial General Liability. Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $1,000,000 per occurrence.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party 10 28859.00009\40155616.1
action over claims; or (4) cross liability exclusion for claims or suits by one insured against another.
ii. Automobile Liability. Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident. iii. Workers' Compensation. Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
C. Endorsements.
i. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability shall be endorsed to provide the following:
a. Additional Insured. The City's indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability'"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement.
b. Primary Insurance and Non-Contributing Insurance. This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance.
c. Severability. In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
d. Cancellation. The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium
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e. Duties. Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties.
f. Applicability. That the coverage provided therein shall apply to the obligations assumed by the Cannabis Business under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
ii. The policy or policies of insurance required by this section for Workers' Compensation shall be endorsed, as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City's indemnified parties. b. Cancellation. The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium.
D. Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City's indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
E. Evidence of Insurance. The Cannabis Business shall, concurrently with execution of this Agreement or as soon thereafter as may be authorized by the City, deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, the Cannabis Business shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
F. Failure to Maintain Coverage. The Cannabis Business agrees to suspend and cease all operations hereunder during such period of time if the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City.
G. Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
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H. Insurance for Subcontractors. All subcontractors shall be included as additional insureds under the Cannabis Business's policies, or the Cannabis Business shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured.
10. Notice. Any notice or other communication provided pursuant to this Agreement must be in writing and shall be considered properly given and effective only when mailed or delivered in the manner provided by this Section 9 to the persons identified below. A mailed notice or other communication shall be considered given and effective on the third day after it is deposited in the United States Mail (certified mail and return receipt requested). A notice or other communication sent in any other manner will be effective or will be considered properly given when actually delivered. A Party may change its address for these purposes by giving written notice of the change to the other Party in the manner provided in this Section 9.
If to the City: If to Cannabis Business:
City of Gustine Tip Top Farms
Attn: City Manager Attn: Robert Villalobos
352 Fifth Street, Gustine CA 95322 1468 Healy Drive, Merced CA 95341
11. Force Majeure.
A. "Force Majeure Event" means a cause of delay that is not the fault of the Party who is required to perform under this Agreement and is beyond that Party's reasonable control, including the elements (such as floods, earthquakes, windstorms, and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism, war or war-defense conditions, acts of any public enemy, epidemics, the actions or inactions of any governmental entity (excluding the City) or that entity's agents, litigation, labor shortages (including shortages caused by strikes or walkouts), and materials shortages.
B. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either the City or Cannabis Business is prevented or delayed because of a Force Majeure Event, then the time for performance shall be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused.
12. Waiver. A Party's failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other Party's breach of this Agreement shall not constitute a waiver of any performance, right, or remedy. A Party's waiver of the other Party's breach of any provision in this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision. A waiver is binding only if set forth in writing and signed by the waiving Party.
13. Relationship of Parties. This Agreement does not create any employment relationship, ownership interest, or other association between the City and Cannabis Business. Nothing herein shall be construed to create the relationship of principal and agent, partnership or other joint venture between the City and Cannabis Business.
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Attorneys' Fees. The Party prevailing in any litigation concerning this Agreement, the Subject Property, or the Cannabis Business operations, shall be entitled to an award by the court of reasonable attorneys' fees and litigation costs. If the City is the prevailing party, then this Section shall apply whether the City is represented in the litigation by the designated City Attorney or by outside counsel.
15. Severability. If a court with jurisdiction finds any provision of this Agreement to be invalid, void, or unenforceable, then the remaining provisions shall remain in full force and effect, and to this end this Agreement shall be severable.
16. Counterparts. The parties may execute this Agreement in counterparts, each of which shall constitute an original, but all of which shall collectively constitute this same Agreement.
17. Integration and Modification. This Agreement sets forth the Parties' entire understanding and agreement regarding the matters addressed herein. This Agreement supersedes all prior or contemporaneous agreements, representations, and negotiations (written, oral, express, or implied) and may be modified only by written agreement signed by both Parties. (Signature Page Follows)
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City of Gustine Cannabis Business:
Tip Top Farms
Its: Its:
Date: Date:
Approved as to Form
Gustine City Attorney
By:
Joshua Nelson, City Attorney
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FIRST AMENDED OPERATING AGREEMENT FOR CANNABIS BUSINESS
LOCATED IN THE CITY OF GUSTINE
TIP TOP FARMS - 377 4TH STREET, GUSTINE, CA 95322
This First Amended Operating Agreement for a Cannabis Business (hereinafter "Agreement"), dated November 23, 2020 ("Effective Date") and amended on June 21, 2022 ("'Amendment Date"), is entered into by and between the City of Gustine (the "City"), a California municipal corporation, and Tip Top Farms ("Cannabis Business"), a California corporation. The City and Cannabis Business may be referred to herein individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the Cannabis Business submitted an application to the City for a use permit to conduct certain commercial cannabis uses in the City, located at 377 4th Street, Gustine, California 95322 ("Subject Property"); and
WHEREAS, the City granted a use permit to the Cannabis Business on September 3, 2019, to permit indoor cannabis cultivation, cannabis distribution, and cannabis retail sales at the Subject Property, subject to conditions of approval, issuance of a cannabis business permit and execution of this Agreement; and
WHEREAS, Section 5-8-06(a)(9) of the Gustine Municipal Code provides that the City shall enter into an Operating Agreement and Indemnification, in conjunction with the issuance of a Cannabis Business Permit, in which the Cannabis Business agrees to abide by the requirements of the Municipal Code and any other operating terms and conditions as mutually agreed by the parties; WHEREAS, the City Council of the City of Gustine has determined that both community benefits and potential adverse impacts may result from the operation of cannabis businesses in the City, and therefore desires to ensure all such impacts are adequately mitigated and offset by the potential community benefits the businesses can provide to the City and its residents; and WHEREAS, the Cannabis Business and the City have mutually agreed to certain minimum payments to the City to provide for projects, programs, and other services and activities that will positively contribute to the community and account for any adverse impacts or increases in need for services caused by the operation of the Cannabis Business in the community.
NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants set forth herein, the Parties agree as follows:
AGREEMENT
Incorporation of Recitals. The Recitals, and all defined terms set forth in this Agreement, are hereby incorporated into this Agreement as if set forth herein in full.
2. Definitions. The following terms shall have the following meanings for purposes of this Agreement, but other terms may be defined elsewhere in this Agreement. 1 28859 00009 401557291
A. "Cannabis business permit" means the regulatory permit issued by the City to the Cannabis Business pursuant to the provisions of Chapter 8 of Title 5 (hereafter, "Chapter 5-8"') of the Gustine Municipal Code.
В. "Canopy" means the designated area(s) at a licensed premises that will contain mature plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary such as an interior wall or by at least ten feet of open space. If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.
C. "City Manager" means the City Manager and his or her designee.
D. "City Permits" means and includes all building permits, use permits, zoning amendments, operating agreements, development agreements, and other permits, including the cannabis business permit, licenses, entitlements, and agreements that the City, acting in its governmental capacity, must issue or approve for the Cannabis Business to operate in accordance with the City's regulations and this Agreement.
E. "Commencement Date" means the date that all of the following have occurred: (1) the City has issued all necessary City Permits; (2) the Cannabis Business has obtained all necessary State Licenses to operate; and (3) the Cannabis Business has obtained a certificate of occupancy.
F. "Cultivation" means and includes any activity involving the planting, growing, harvesting, or processing (including drying, curing, grading, trimming, storing, packaging, or labeling) of nonmanufactured cannabis. Cultivation includes indoor, mixed-light, natural light, or nursery cultivation.
G. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed pursuant to state and local law.
H. "Effective Date" means the date first entered above as the Effective Date that both Parties have signed this Agreement.
I. "Gross Receipts" means the total amount actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, all cost of materials used, labor or service costs, interest paid or losses or other expenses. The following shall not be included in the definition of "Gross Receipts: (1) Cash discounts allowed and taken on 2 28859.00009\401557291
sales; (2) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; and (3) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded.
J. "Manager" means a person with responsibility and authority over the establishment, management, supervision, or oversight of the operation of the Cannabis Business.
K. "Retail" means a commercial cannabis business where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid state license as required by state law to operate a retail business.
L. "State License" means all licenses required to be issued by the State of California for operation of the Cannabis Business pursuant to Division 10 of the Business and Professions Code and applicable state regulations, including but not limited to Division 42 of Title 16, Division 8 of Title 3, and Division 1 of Title 17 of the California Code of Regulations, as those provisions may be amended M. "Term" means the period of time this Agreement is in effect, and any renewal periods, as specified in Section 3.
N. "Use Permit" means the use permit, including any and all conditions of approval, issued by the City to the Cannabis Business pursuant to the City's Zoning Code, as approved by the City Council on or about September 3, 2019, as may be amended, related to the operation of a commercial cannabis business at the Subject Property.
3. Term of Agreement. The Term of this Agreement shall commence on the Amendment Date and continue until December 31, 2024 ("Amended Term"), subject to variable payment obligations as set forth in Section 6, unless earlier terminated as specified in this Agreement. Prior to the expiration of the Initial Term and any subsequent Renewal Period, the Parties may mutually agree to extend the Term of this Agreement for an additional term to be negotiated upon a written request for such extension (each a "Renewal Period").
4. General Terms and Conditions. The Cannabis Business shall comply with all of the following terms and conditions for the Term of this Agreement:
A. This Agreement is only valid for the Cannabis Business to operate at the Subject Property identified in this Agreement. The rights and obligations set forth in this Agreement shall not be transferred, assigned, or assumed unless agreed to in advance in writing by the City. The Cannabis Business expressly acknowledges, understands and agrees that nothing in this Agreement confers any ongoing vested property right or entitlement to conduct the Cannabis Business, or any other commercial cannabis activity, at the Subject Property; this Agreement sets forth only the operational requirements of the Cannabis Business as otherwise approved by the City. 3 28859.00009\40155729.1
B. Conditions placed on any City Permits, expressly including the Cannabis Business Permit, the Use Permit, and the Development Agreement, as applicable, shall be conditions and requirements of this Agreement. Violations of the City Permits shall be deemed violations of this Agreement and shall constitute a material breach of this Agreement. Violations of any applicable State Licenses shall be deemed violations of this Agreement and shall constitute a material breach of this Agreement.
C. The Cannabis Business shall obtain and maintain at all times a valid Cannabis Business Permit, Use Permit, and applicable State License(s) prior to and during operation of the Cannabis Business.
i. As soon as practicable, the Cannabis Business shall inform the City when it obtains its necessary State License(s), and shall provide a copy of the State License(s) to the City Manager. The City shall cooperate with the Cannabis Business as appropriate and as needed to facilitate the State's issuance of a State License(s) to the Cannabis Business.
ii. The Cannabis Business agrees to provide City with copies of any reports provided to a State Cannabis Licensing Agency, including any required financial or compliance reports, within thirty (30) days of that submission and further agrees to keep such records in accordance with State law and Chapter 5-8 of the Gustine Municipal Code.
iii. The City shall diligently process the Cannabis Business's applications for all City Permits. This Agreement does not commit the City in advance to approve the City Permits; nor does this Agreement constrain the City's discretion to determine compliance with all requirements regarding issuance of any City Permits.
Nothing in this Agreement relieves the Cannabis Business of the obligation to comply with all requirements and application procedures set forth in Chapter 5-8 of the Gustine Municipal Code.
D. The Cannabis Business understands, acknowledges and agrees to comply with all applicable then-existing state and local laws and regulations applicable to operation of the Cannabis Business, including Chapters 5-8 of the Gustine Municipal Code.
E. The City shall have the power to audit and examine all books and records of the Cannabis Business, including both State and Federal income tax returns, California sales tax returns, or other evidence documenting the gross receipts of the Cannabis Business, for the purpose of ascertaining the gross receipts to determine the amount of the Community Benefit Payment required to be paid by this Agreement, and for the purpose of verifying any statements or item thereof when filed by the Cannabis Business. If the Cannabis Business, after written demand by the City, refuses to make available for audit, examination, or verification such books or records as the City requests, the City may, after full consideration of all information within his or her knowledge, make an assessment he or she determines to be the closest, best estimate of the Cannabis Business's Community Benefit Payment due.
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Operational Requirements. In addition to all operating requirements set forth in Chapter 5-8 of the Gustine Municipal Code, the Cannabis Business shall comply with the following specific operational requirements:
A. The Cannabis Business shall immediately notify the City Police Department of any criminal activity, or suspected criminal activity, occurring at the Subject Property. In the event of any internal security system breach, including a faulty alarm system, broken or damaged surveillance cameras or other video recording equipment, or broken or damaged locks, doors, or lighting which may increase risk of criminal activity at the Subject Property, the Manager of the Cannabis Business shall notify the City Police Department as soon as practicable after becoming aware of the security system breach.
The Cannabis Business shall diligently attempt to fix or resolve any such security breach immediately; if circumstances require additional time and delay to remedy, the Cannabis Business shall so notify City police and provide an estimated timeline the breach will be cured.
B. If the Cannabis Business receives any criminal threats, or otherwise suspects any criminal targeting related to movement of product or cash from or to the Subject Property, the Cannabis Business shall immediately notify the City Police Department.
C. The Cannabis Business shall abide by the following hours of operation:
i. Indoor Cultivation (not open to the public) - 7 a.m. to 11 p.m., seven (7) days per week on a regular basis. However, the Cannabis Business may extend these business hours during peak cultivation periods, in the Cannabis Business's sole discretion, in order to operate up to a maximum of 24 hours per day, upon notice to the City.
ii. Distribution (not open to the public) - 7 a.m. to 7 p.m., six (6) days per week, Monday through Saturday.
iii. Retail Sales — 9 a.m. to 9 p.m., seven (7) days per week, including both Storefront Retail Sales and Retail Deliveries.
Consideration. As consideration for the rights and benefits it enjoys under this Agreement, including its operation of approved cannabis uses in the City during the Term, the Cannabis Business shall do all of the following:
A. Community Benefit Payments. The Cannabis Business shall pay to the City a community benefit fee in the amounts and on the schedule set forth below:
5 28859.00009\40155729.1
Commencing on Amendment Date and
terminating on December 31, 2023: 2.5% of
Gross Receipts derived from cannabis
Cultivation, to be paid on a monthly basis as
set forth in Section 6.B. No fee will be
charged when Cultivation activities are
undertaken exclusively for the benefit of the
Cannabis Business, and the Cannabis Business
does not realize any Gross Receipts from such
Cultivation activities.
Cultivation
Commencing on January 1, 2024 and
terminating on December 31, 2024: 3.5% of
Gross Receipts derived from cannabis
Cultivation, to be paid on a monthly basis as
set forth in Section 6.B. No fee will be
charged when Cultivation activities are
undertaken exclusively for the benefit of the
Cannabis Business, and the Cannabis Business
does not realize any Gross Receipts from such
Cultivation activities.
Commencing on Amendment Date and
terminating on December 31, 2023: 3% of
Gross Receipts derived from cannabis
Distribution, to be paid on a monthly basis as
set forth in Section 6.B. No fee will be
charged when Distribution activities are
undertaken exclusively for the benefit of the
Cannabis Business, and the Cannabis Business
does not realize any Gross Receipts from such
Distribution activities.
Distribution
Commencing on January 1, 2024 and
terminating on December 31, 2024: 6% of
Gross Receipts derived from cannabis
Distribution, to be paid on a monthly basis as
set forth in Section 6.B. No fee will be
charged when Distribution activities are
undertaken exclusively for the benefit of the
Cannabis Business, and the Cannabis Business
does not realize any Gross Receipts from such
Distribution activities.
28859.00009\40155729.1
Commencing on Amendment Date and
terminating on December 31, 2023: 6% of
Gross Receipts derived from cannabis Retail,
to be paid on a monthly basis as set forth in
Section 6.B.
Retail
Commencing on January 1, 2024 and
terminating on December 31, 2024: 8% of
Gross Receipts derived from cannabis
Distribution, to be paid on a monthly basis as
set forth in Section 6.B.
B. Monthly Payments: The Monthly Cultivation Payment, Monthly Distribution Payment, and Monthly Retail Payment (collectively, "Monthly Payments") shall be paid together and calculated per calendar month, due and payable on the 15th day of the subsequent calendar month. By way of example only, Monthly Payments for the month of September would be calculated from September I through September 30, due and payable on October 15.
a. If a Monthly Payment is not paid in full within fifteen (15) days after it is due and payable, the Monthly Payment shall accrue a penalty of five percent (5%) compounding for each month the Monthly Payment is late, until the Monthly Payment and all penalties are paid in full. b. Monthly Payments shall be made to the City's Finance Department.
In the event the Cannabis Business intends to pay a Monthly Payment in cash in an amount that exceeds $10,000, the Cannabis Business shall notify the City in advance to make prior arrangements. c. The Cannabis Business shall keep accurate and adequate records and documentation to reflect its monthly Gross Receipts. Pursuant to Chapter 5-8 of the Gustine Municipal Code, the Cannabis Business shall maintain all such records for at least three (3) years, and shall produce those records to the City within 24 hours after receipt of the City's request.
d. Accompanying the Monthly Payments, the Cannabis Business shall deliver to the City a report ("the Monthly Report) showing (1) Gross Receipts of the Cannabis Business for the immediate prior month; 2) a cumulative total of all amounts of Gross Receipts received by the Cannabis Business to date for the calendar year, (3) a calculation of the Monthly Paymental orally due to the City; and (4) a tal ulty o date for the calendar year.
7 28859.00009\40155729.1
C. Cannabis Tax: In the event that City voters approve a cannabis-specific tax to be imposed on cannabis businesses operating in the City, including the Cannabis Business, the Cannabis Business shall pay the cannabis tax or the Monthly Payments, whichever is greater, for the remaining term of this Agreement. Nothing in this Agreement shall relieve the Cannabis Business of the obligation to pay all applicable State and local taxes, including a possible future City cannabis tax.
D. Community Contributions. The Cannabis Business, as part of its project proposal submitted to the City and accepted and approved by the City Council, promised to make certain additional community contributions to the City of Gustine to ensure that any potential adverse impacts of the Cannabis Business are adequately offset by the business's positive community contributions. Accordingly, the Cannabis Business agrees to provide the following:
i. Cannabis Business shall strive to hire or contract with local Gustine residents and businesses, as applicable and in accordance with all federal and state laws, if such residents and businesses apply and are qualified for the position or role sought. The purpose of this commitment is to promote and foster increased job opportunity and growth in the City, as promised and projected by the Cannabis Business. Cannabis Business shall not engage in unlawful discriminatory hiring practices, nor shall this Agreement be construed to condone discriminatory hiring practices
The Cannabis Business agrees to donate $20,000 to the City per fiscal year, beginning Fiscal Year 2020 unless otherwise reasonably agreed by the City due to timing of State licensing and commencement of business operations, to be used toward a community event or events held in the City. The acceptance and use of the donations shall be subject to City Council approval, with input from the Cannabis Business. Nothing in this Agreement binds the City to acceptance of the donations or use of funds for particular events, nor shall this Agreement in any way operate to restrict or bind the City Council's discretion and legislative authority.
Termination. The City and/or Cannabis Business may terminate this Agreement prior to expiration of the Term for the reasons and subject to the requirements set forth below. The Cannabis Business understands and acknowledges that the right to operate the Cannabis Business is expressly contingent on full execution of an Operating Agreement, as required by Section 5-806(a)(9) of the Gustine Municipal Code. As such, termination of this Agreement shall result in the immediate termination of the Cannabis Business's operations, unless and until a new Operating Agreement is executed by the Parties
A. City's Termination Rights. Without prejudice to its other remedies at law or in equity, the City may terminate this Agreement, at any time and in its sole discretion, effective thirty (30) days after the City provides written notice of termination to the Cannabis Business, if any of the following circumstances occurs:
i. The Cannabis Business breaches its obligation to pay the Monthly Payments when due and fails to cure the breach within thirty (30) days after the City provides the Cannabis Business with a written notice of default. 8 28859.00009\40155729.1
ii. The Cannabis Business breaches its obligation to perform in accordance with any material provision of this Agreement, other than the obligation to pay the Monthly Payment, and: (A) does not cure the breach within thirty (30) days after the City provides the Cannabis Business with a written notice of breach or, if the breach cannot reasonably be cured within 30 days, (B) does not begin work to cure the breach within thirty (30) days after the City provides the Cannabis Business with a written notice of breach. The Parties may mutually agree in writing to extend the time period to cure the breach. The express designation in this Agreement of a provision as "material" does not imply that other provisions are not material.
ili. The Cannabis Business fails to obtain and maintain at all times prior to and during operation of the Cannabis Business a valid Cannabis Business Permit and State License(s), or violates any provision law or condition of approval of the Use Permit or other City Permits, as determined in the City's sole discretion. iv. The uses and business activities of the Cannabis Business are declared unlawful by order of Court, or become illegal by operation of State law.
B. Cannabis Business's Termination Rights. The Cannabis Business may, at any time and in its sole discretion, effective thirty (30) days after the Cannabis Business provides written notice of termination to the City, may terminate this Agreement if the Cannabis Business has permanently ceased operations, or intends to cease operations within thirty (30) days, in the City of Gustine.
Release & Indemnification. The Cannabis Business shall release and hold harmless the City, its agents, officers, elected officials, staff and employees (collectively, "City Parties") from any and all claims, injuries, damages, or liabilities of any kind arising from: (i) any repeal or amendment of Chapter 5-8 of the Gustine Municipal Code, or any provision of the Zoning Code relating to the Cannabis Business, and (i) any arrest or prosecution of the Cannabis Business or its owners, Managers, staff, employees, or members for violation of state or federal laws. The Cannabis Business shall further defend, indemnify and hold harmless the City Parties from and against any and all claims or actions: (i) brought by adjacent or nearby property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from or related to the Cannabis Business operations at the Subject Property, and (ii) brought by any party for any problems, injuries, damages, or other liabilities of any kind, including bodily injury, death or property damage, arising out of the distribution and delivery of cannabis or cannabis products from or to the Subject Property. The obligations in this Section 7 Release & Indemnification shall survive any expiration or termination of this Agreement.
9. Insurance.
A. Time for Compliance. The Cannabis Business shall not begin operations until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall constitute a material breach of this Agreement.
9 28859.00009\40155729.1
B. Types of Required Coverages. Without limiting the indemnity provisions of this Agreement, the Cannabis Business shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance:
i. Commercial General Liability. Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $1,000,000 per occurrence.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; or (4) cross liability exclusion for claims or suits by one insured against another.
ii. Automobile Liability. Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident. iii. Workers' Compensation. Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
C. Endorsements.
i. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability shall be endorsed to provide the following:
a. Additional Insured. The City's indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement.
b. Primary Insurance and Non-Contributing Insurance. This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance.
C. Severability. In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or 10 28859 000094401557291
additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
d. Cancellation. The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of e. Duties. Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties.
f. Applicability. That the coverage provided therein shall apply to the obligations assumed by the Cannabis Business under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
ii. The policy or policies of insurance required by this section for Workers' Compensation shall be endorsed, as follows:
a. Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City's indemnified parties. b. Cancellation. The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium.
D. Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City's indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
E. Evidence of Insurance. The Cannabis Business shall, concurrently with execution of this Agreement or as soon thereafter as may be authorized by the City, deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, the Cannabis Business shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the 11 28859 00009401557291
required insurance has been reinstated or has been provided through another insurance company or companies.
F. Failure to Maintain Coverage. The Cannabis Business agrees to suspend and cease all operations hereunder during such period of time if the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City.
G. Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
H. Insurance for Subcontractors. All subcontractors shall be included as additional insureds under the Cannabis Business's policies, or the Cannabis Business shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured.
10. Notice. Any notice or other communication provided pursuant to this Agreement must be in writing and shall be considered properly given and effective only when mailed or delivered in the manner provided by this Section 9 to the persons identified below. A mailed notice or other communication shall be considered given and effective on the third day after it is deposited in the United States Mail (certified mail and return receipt requested). A notice or other communication sent in any other manner will be effective or will be considered properly given when actually delivered. A Party may change its address for these purposes by giving written notice of the change to the other Party in the manner provided in this Section 9.
If to the City: If to Cannabis Business:
City of Gustine Tip Top Farms
Attn: City Manager Attn: Robert Villalobos
352 Fifth Street, Gustine CA 95322 1468 Healy Drive, Merced CA 95341
11. Force Majeure.
A. "Force Majeure Event" means a cause of delay that is not the fault of the Party who is required to perform under this Agreement and is beyond that Party's reasonable control, including the elements (such as floods, earthquakes, windstorms, and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism, war or war-defense conditions, acts of any public enemy, epidemics, the actions or inactions of any governmental entity (excluding the City) or that entity's agents, litigation, labor shortages (including shortages caused by strikes or walkouts), and materials shortages.
B. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either the City or Cannabis Business is prevented or delayed because of a Force Majeure Event, then the time for performance shall be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. 12 28859 00009\40155729.1
12. Waiver. A Party's failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other Party's breach of this Agreement shall not constitute a waiver of any performance, right, or remedy. A Party's waiver of the other Party's breach of any provision in this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision. A waiver is binding only if set forth in writing and signed by the waiving Party.
13. Relationship of Parties. This Agreement does not create any employment relationship, ownership interest, or other association between the City and Cannabis Business. Nothing herein shall be construed to create the relationship of principal and agent, partnership or other joint venture between the City and Cannabis Business.
Attorneys' Fees. The Party prevailing in any litigation concerning this Agreement, the Subject Property, or the Cannabis Business operations, shall be entitled to an award by the court of reasonable attorneys' fees and litigation costs. If the City is the prevailing party, then this Section shall apply whether the City is represented in the litigation by the designated City Attorney or by outside counsel.
15. Severability. If a court with jurisdiction finds any provision of this Agreement to be invalid, void, or unenforceable, then the remaining provisions shall remain in full force and effect, and to this end this Agreement shall be severable.
16. Counterparts. The parties may execute this Agreement in counterparts, each of which shall constitute an original, but all of which shall collectively constitute this same Agreement.
Integration and Modification. This Agreement sets forth the Parties' entire understanding and agreement regarding the matters addressed herein. This Agreement supersedes all prior or contemporaneous agreements, representations, and negotiations (written, oral, express, or implied) and may be modified only by written agreement signed by both Parties. (Signature Page Follows)
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Cannabis Business:
City of Gustine Tip Top Farms
Its: Its:
Date: Date:
Approved as to Form
Gustine City Attorney
By:
Joshua Nelson, City Attorney
14 28859.00009\40155729.1
Research on Rates in Nearby Jurisdictions
City or Original Original Modified
List Origin County Fee Description Original Fee 1 Fee 2 Fee 3 Fee Staff report Merced Cultivation Up to 10,000 sq ft $19,777 $8,584 Staff report Merced Cultivation Nursery Only $16,605 $8,584 Staff report Merced Distribution $13,649 $8,209
Staff report Merced Manufacturing $35,432 $8,584
Staff report Merced Retail Sales $22,741 $8,209
Staff report Merced Testing $6,804 $6,886
Email Modesto Retail (Storefront and Delivery) 8% 8%
Email Modesto Microbusiness (Retail) 8% 8%
Email Modesto Microbusiness (Mfg./Warehouse) 4% 4%
Microbusiness (Cultivation-
Email Modesto Wholesale) 2.5% 2.5%
Email Modesto Distribution 6% 2.5%
Email Modesto Manufacturing 4% 4%
Email Modesto Testing Labs 2.5% 1.5%
Email Modesto Cultivation (Indoor) 2.5% 2.5%
Email Modesto Cultivation (Nursery) 2.5% 1%
Email Patterson Retail DA Flat + % 7%
Email Patterson Manufacturing DA Flat + % 5%
Email Patterson Cultivation DA Flat + % 2.50%
Mixed Light $5.00/sq Indoor Nursery
Staff report Stanislaus Cultivation Up to 5,000 sq ft ft $6.00/sq ft $1.00/sq ft Mixed Light $5.50/sq Indoor Nursery
Staff report Stanislaus Cultivation Up to 10,000 sq ft ft $7.00/sq ft $1.00/sq ft Mixed Light $6.00/sq Indoor Nursery
Staff report Stanislaus Cultivation Up to 20,000 sq ft ft $8.00/sq ft $1.00/sq ft Staff report Stanislaus Testing Laboratory 2.50%
Staff report Stanislaus Commercial Cannabis - Retail 8.00% Staff report Stanislaus Commercial Cannabis - Mfg. 8.00% Staff report Stanislaus Distribution 3.00%
Staff report Stockton Storefront Retail 5%
Staff report Stockton Non Storefront Retail/Delivery 5% Staff report Stockton Distribution 1%
Staff report Stockton Manufacturing (Volatile & Non) 3% Staff report Stockton Cultivation 5%
Staff report Stockton Testing 0%
Staff report Stockton Microbusiness 5%
YR 1: $25,000 5.25% (If
(increases $5,000 per more than
year) OR % at right- escalating
Email Turlock Retail Whichever is MORE. minimum).
Email Turlock Cultivation $10/sq ft based on canopy.
Email Turlock Manufacturing $10/sq ft based on area of manufacturing.
2.5% ONLY if none of the above. If above as
Email Turlock Distribution well, then 0%.
THE BITY CALIFORN ITEM NO. 14
GUST
COUNCIL AGENDA ITEM
JUNE 21 2022
PREPARED BY: Brad Kilger, Interim City Manager
SUBJECT: Selection of City Manager Recruitment Firm
BACKGROUND/DISCUSSION
At its May 17, 2022 meeting, the City Council directed staff to solicit proposals from qualified executive recruitment firms and return to the City Council at a future Council meeting to review the proposals and select a firm to conduct the recruitment for the City's next City Manager.
Following the meeting, staff sent a Request for Proposals to eleven firms. The submittal deadline for response was June 9th at 12 P.M. The City received proposals from the following four firms:
WBCP, Inc
• Ralph Andersen & Associates
• Koff & Associates
• Sectaris Partners, LLC
The proposals from each firm are attached. In evaluating the proposals for recruitment services, the criteria used usually include project methodology, experience and cost.
Project Methodology:
Each firm's approach to carrying out the recruitment are fairly similar. Each of the firms estimate between a 12 to 14-week timeframe to conduct the recruitment and complete the hiring process, however, this timeframe is highly dependent on the availability of the City Council to meet in closed sessions. Typical steps to the recruitment process include:
• Finalize Project Management Approach - Individual and/or group meetings with the City Council to finalize the recruiting and selection process • Develop Position Profile and Recruitment Brochure - Consultant collects technical information and recruitment criteria from the City Council, Interim City Manager, and others as directed by the City which will be used to draft an information brochure. The draft brochure will be reviewed by the City before being published and distributed.
• Outreach and Recruiting - This usually includes placement of ads in publications such as Western City Magazine, International City/County Management Association (ICMA), and other professional publications. • Candidate Evaluation - Following the application closing date the consultant reviews all applications and determines which meet the recruitment criteria and minimum qualifications. Those that meet the criteria and minimum qualifications are then evaluated and screened to determine which are the most qualified. After conducting preliminary interviews, the consultant narrows the list to the top candidates. These are reviewed with the City Council before scheduling interviews.
• Presentation of Recruitment Search Results - Results of the candidate evaluations are summarized and presented to the City Council, which selects a group of finalist candidates to interview.
• Interviews of Finalists - The consultant assists the City Council in preparing for and conducting the interviews of the finalists. This phase typically includes reference checks of the top candidates.
• Negotiations - Depending on the Council's preferences the consultant can assist the City Attorney in negotiating and drafting an employment agreement and compensation package with the selected candidate.
Experience
This criterion is typically reflected by the length of time the company has been in business, the experience and qualifications of the staff assigned to the recruitment and the number of successful City Manager recruitments they have conducted. In reviewing the proposals, all the firms excluding Sectaris have been in business for more than two decades and have experience in conducting City Manager recruitments. As to the qualifications of the team that will be conducting the search for Gustine, both Ralph Andersen and Koff have assigned experienced recruiters who have local government management experience, which can be very helpful in evaluating potential candidates for "fit" with the community. WBCP provided the resumes and biographies of their staff, but did not designate a recruitment team.
Cost
Below is a table comparing the cost of each proposal. Except for Sectaris Partners, the firms fixed fees are reasonably within the range of one another and are standard for this type of recruitment. However, whereas Ralph Anderson and Koff incorporated their expenses into their fixed fee, WBCP has provided them separate on a not-to-exceed basis, which places them as potentially the most expensive of the four proposals. Staff contacted Sectaris to confirm that their fixed fee quote was accurate given how low it is compared to the others. They confirmed it was as this would be their first City Manager recruitment and they saw this as a "loss leader" (staff's words, not theirs), which would allow them to enter into the market.
Firm Fixed Fee Expenses Total Cost Optional
Services
WBCP, Inc $28,900 $7,900 (1) $36,800 (1) N/A
Ralph Andersen $28,450 N/A (2) $28,450 $3,500 (3)
& Associates
Koff & Associates $25,000 N/A (2) $25,000 N/A
Sectaris Partners, $7,500 N/A $7,500 N/A
LLC
(1) Not to exceed
(2) Fixed fee includes expenses
(3) Optional community survey
Staff Assessment of Proposals and Firm Qualifications
In looking at the four proposals, staff believes WBCP, Koff and Ralph Andersen are all qualitied to conduct the City Manager recruitment. Though Sectaris is a local firm and the cost is exceptional low, they unfortunately do not have the experience to conduct a recruitment as important as one for Gustine's next City Manager. They would be more appropriate for the recruitment of a lower level position if the City undertakes one.
Of the remaining three firms, Koff is the lowest cost, however, Ralph Anderson is clearly the most qualified, including the designated recruitment team. In addition, the Interim City Manager has also had experience working with the firm and the designated recruiter in other cities. Therefore, staff's recommendation would be to hire Ralph Anderson & Associates. If the Council agrees with this recommendation it would need to decide if it wishes to have them conduct the optional community survey.
FISCAL IMPACT
The cost for the recruitment would be $28,450 without the optional community survey or $32,350 with the survey. The cost would be funded through the use of UUT.
RECOMMENDATION
That City Council authorize the Interim the City Manager to sign an agreement with Ralph Anderson & Associates to conduct the City of Gustine's City Manager recruitment.
EXHIBIT(S)
A) WBCP, Inc. proposal
B) Ralph Andersen & Associates proposal
C) Koff & Associates proposal
D) Sectaris Partner, LLC proposal
W
WBCP
PROPOSAL
WELCOME
TO
CUSTINE
PISA
10.0 Г
WESTSIDE -H
E8 CUSTIE
RECRUITMENT SERVICES FOR
CITY MANAGER
JUNE 7, 2022
WWW.WBCPINC.COM
TABLE OF
CONTENTS
SUBJECT PAGE
I. INTRODUCTION 1 - 2
II. BACKGROUND/QUALIFICATIONS 3 - 12
III. CITY MANAGER RECRUITMENT DETAILS 13
IV. GUARANTEE 14
V. ORGANIZATIONAL CHART 14
VI. KEY CONSULTANT BIOS 15 - 18
VII. RECRUITMENT STRATEGY / PHASES 19 - 20
VIII. SCOPE OF WORK 21
IX. RECRUITMENT TIMELINE 22
X. REFERENCES 23
XI. MARKETING MATERIAL EXAMPLES 23
XII. COST PROPOSAL 24
XIII. : OTHER 25
WWW.WBCPING.COM PAGE 1
I. INTRODUCTION.....••...•.......
June 7, 2022
Melanie Correa W
Administrative Services Director
352 5th Street
Gustine, CA 95322 WBCP
RE: City Manager Recruitment - City of Gustine
It is our pleasure to submit this proposal for recruitment services to secure your ideal candidate to serve as the City Manager for the City of Gustine. We trust our proposal will showcase our client-focused recruitment process and will act as a testament that we are passionate about what we do to make our clients happy.
It has been proven that great employees are looking for great employers, not just a paycheck. WBCP provides a broader perspective to recruitment services - going beyond securing the ideal candidate - we brand your organization as an employer of choice. We use eye-catching marketing materials, innovative search practices, and responsive and respectful communications with your applicants and stakeholders. We guarantee we will fill your position, and we guarantee that placement for 24 months. We provide a fair and equal recruitment process that also focuses on attracting ethnic and gender-diverse applicant pools.
WBCP is talented at working with you to identify the strengths, challenges, and opportunities of this job, the ideal candidate, and your community and organizational culture. WBCP will work with your stakeholders to design a recruitment strategy that will include a customized engagement process. We will have a series of meetings, discussions, stakeholder interviews, and survey(s) to get to know you, the organization, community, culture, and the steff that the future City Manager will lead.
We have experience filling City Manager positions and have managed successful City Manager search services for agencies such as City of Pasadena, Town of Windsor, City of Santa Rosa, City of Ceres, Town of Truckee, and City of Petaluma (just to name a few). To see a full list of our successful recruitments visit pages 3 - 14 of this proposal.
Sam Sackman, WBCP's Vice President, and/or I will be the lead on this recruitment. I lived in California for over 35 years and have over 20 years of experience in executive search services, six years of which were working for the County of Orange, and I have owned and operated WBCP since 2004. Sam Sackman lives and works out of our Bay Area offices and spent the latter part of her career working directly for Valley Water in the Executive Office gaining a deep understanding of the inner workings of executive-level positions. WBCP now has offices in Oregon, Washington, and California, including two offices in the South Bay Area, the Greater Sacramento Area, and Central California.
WBCP, Inc. staff are experts in the virtual recruitment process. We are providing these services seamlessly and will be able to effectively support a virtual recruitment process or coordinate COVID-compliant in-person interviews and/or hybrid virtual and/or in-person interviews; WBCP is willing to travel during COVID.
Contrianin
WWW.WBCPINC.COM PAGE 2
I. INTRODUCTION/STATEMENT OF UNDERSTANDING
Recruiting top talent has become the number-one topic amongst administrators. New and innovative recruitment strategies are critical to identifying and securing candidates with a deep understanding of how to assess and meet community needs and address future challenges. WBCP understands the complexity of community leadership, and we are prepared to provide a thorough, complete, and fair recruitment process to provide a diverse applicant pool. Upon our 2021 year-end review, we found that over the last three years, 62% of our applicants and 56% of candidates placed in leadership positions with our clients came from diverse backgrounds. In fact, because of our ability to reach diverse applicant pools, we were hired by two national Latino organizations to recruit for an Executive Director and other leadership positions: Latino Public Broadcasting and Radio Bilingüe (two of the largest Latino national nonprofit organization in the U.S.).
Clients choose our firm over others because of our ability to work with your supportstaff and stakeolder group including boards, DIVERSITY appointed/elected officials, and engaged constituents), manage all details of a recruitment process, and secure great candidates. Our dedication and commitment to the client are complemented by our deep understanding and ability to effectively navigate challenging 56% political climates. Our firm understands the services the City. needs us to provide, and we will commit to following through on these services which we have outlined in this proposal. of WBCP candidates placed in leadership
Our clients have great things to say about the quality of the service positions come from a we provide and the amazing candidates we find them, In fact, many of our clients are return customers. Please feel comfortable reaching diverse background out to these organizations to get their feedback directly.
Lastly, I love what I do, and l am passionate about finding exceptional candidates who are also passionate about serving others. My staff and I are driven and desire to exceed client expectations. I appreciate your consideration in retaining our services and hope to have an opportunity to work with you in the future.
Best Regards,
Wendi Brown | Founder/President, WBCP, INC.
wendinowbobine com | 541-664-0376
www.wocpine.com
W
WBCP Confidential
WWW.WBCPING.COM PAGE 3
II. BACKGROUND & QUALIFICATIONS
Principal: Wendi Brown, President
Company Legal Name: WBCP, Inc.
Tax ID: 81-5454037
Website: www.wbcpinc.com
Phone: 866-929-WBCP (9227) / 541-664-0376
Address:
• California Main Office: 1730 Quail Circle, Roseville, CA 95661 • Oregon Main Office: 360 Riverside Ave., P.O. Box 909, Gold Hill, Oregon 97525 • Washington Main Office: 15405 Des Moines Memorial Drive, #G303, Burien, WA 98148 • Satellite Office: San Jose, CA 95125
• Satellite Office: Nipomo, CA 93444
WOMEN OWNED
WBCP, Inc. is a 100% woman-owned
business, an S Corporation, not part of a
parent company, and is a registered small
business through the U.S. Small Business
Administration (SBA). WBCP is registered to
do business in California, Oregon,
Washington, and Arizona and soon
expanding in other states. WBCP files and
pays California S Corp and personal income
taxes.
BUSINESS HISTORY
WBCP, Inc. has been in business since 2004
and serves nonprofit and public sector
organizations. WBCP offers a variety of
services, including partial and full-service
search services for individual contributor,
supervisor, management, and executive
management positions; human resources
consulting: organizational development,
training, classification and compensation
studies, analysis and assessments, etc.
CURRENT ENGAGEMENTS / CAPACITY:
WBCP has the capacity to accept and manage this recruitment immediately.
WBCP Confidential
WWWAWBCPINC.COM/HOB-BOARD PAGE 4
II. BACKGROUND & QUALIFICATIONS...
EXPERIENCE:
WBCP has over 20 years of experience providing search services for public sector and nonprofit organizations. We have successfully secured professionals and provided other consulting services in Oregon, Colorado, Arizona, Washington, and California.
Oregon, California, and Arizona Cities of: Arcata, Ashland, Astoria, Calistoga, Central Point, Ceres, Chandler, Davis, Dunsmuir, Grants Pass, Gold Hill, Hemet, Independence, Irvine, Lincoln, Livermore, Long Beach, Medford, Milpitas, Napa, Oxnard, Palo Alto, Pasadena, Petaluma, Phoenix (AZ), Phoenix (OR), Port Hueneme, Redding, Riverside, Roseville, Sacramento, San Francisco, San Rafael, Santa Maria, Santa Paula, Santa Rosa, Solvang, Sonoma, Truckee, Ventura, Vernon, Windsor, and Winters.
Oregon, Colorado, and California Counties of: Alameda, Colusa, Contra Costa, El Paso (CO), Fresno, Humboldt, Jackson, King, Lake, Lane, Los Angeles, Marin, Mariposa, Merced, Napa, Orange, Riverside, San Benito, San Bernardino, San Francisco, San Joaquin, San Luis Obispo, Santa Barbara, Santa Cruz, Solano, Sonoma, Stanislaus, Tri-City Mental Health Authority (TCHA), and Tuolumne.
Local and National Councils and Districts: Boulder Creek Protection District, CalPIA (California Prison Authority), Hass Avocado Board (HAB), Jackson County Fire District 5, NAVA, North American Blueberry Council/U.S. Highbush Blueberry Council (NABC/USHBC), Oakland Housing Authority, Olivehurst Public Utility District, Sacramento Area Flood Control Agency (SAFCA), Sacramento Employment & Training Agency (SETA), Sacramento Library Authority, Sacramento Sewer District, Tuolumne Utilities District, and Valley Water.
Nonprofit Organizations: Center Point, Community Food Bank, Dogs for Better Lives/Dogs for the Deaf, First 5 (Alameda County, California Association, Fresno, Santa Barbara County, San Mateo), Futures Without Violence (Family Violence Protect Fund), Greater Richmond Interfaith Program (GRIP), La Public Media, Latino Public Broadcasting, Options Recovery, Radio Bilingüe, Valley Consortium for Medical Education (VCME), and Water Forum.
Private Organizations: SWEED, Touchstone Accounting
Consulting services (classification and compensation services, competency modeling, job description development, job family development, job analysis): City of Fremont, City of Medford, City of Santa Maria, City of Santa Paula, County of Humboldt, County of Mariposa, County of Santa Barbara, and County of San Luis Obispo.
INDUSTRIES
• Organizational Leadership • Legal/Counsel/Clerk
• Information Technology • Parks & Recreation
• Engineering • Community Services & Arts
• Facilities & Operations • Public Works
• Marketing & Communications • Human Resources
• Economic Development • Health & Human Services
• Financial, Accounting/Auditing • Safety/Fire/Police
• Transportation • Planning & Building
WBCP Confidentel
WWW.WBCPING.COM/HOB.BOARD PAGE 5
II. BACKGROUND & QUALIFICATIONS
BELOW IS A LIST OF SIMILAR RECRUITMENTS WBCP HAS SUCCESSFULLY MANAGED:
ORGANIZATIONAL LEADERSHIP
• Town Manager, Town of Truckee, CA
• Town Manager, Town of Windsor, CA
• City Manager, City of Pasadena, CA
• City Manager, City of Ceres, CA
• City Manager, City of Santa Rosa, CA
• City Manager, City of Gold Hill, OR
• City Manager, City of Petaluma, CA
• City Manager, City of Phoenix, OR
• City Manager, City of Oxnard, CA
• City Manager, City of Ventura, CA
• City Manager, City of Independence, OR
• Assistant City: Manager (Public Safety), City of Sacramento, CA • Deputy City Manager, City of Long Beach, CA
• General Manager, Olivehurst Public Utility District, CA • General Manager, Tuolumne Utilities District, CA
• General Manager, LA Public Media, CA
• General Manager, Radio Bilingüe, CA
• Chief Executive Officer, CalPIA (California Prison Authority), CA • Chief Executive Director, Valley Consortium of Medical Education, CA • Chief Operating Officer, IT and Administrative Services, Valley Water, CA • Chief Operating Officer, Water Utility Enterprise, Valley Water, CA • Chief Operating Officer, Futures Without Violence, CA • ACEO - Assistant County Executive Officer, County of Napa, CA • ACEO - Assistant County Administrative Officer, County of Santa Barbara, CA • ACAO - Assistant County Administrator, County of San Joaquin, CA • Administrative Services and Finance Director, City of Ashland, OR • Executive Director, Water Forum, CA
• Executive Director, Options Recovery Services, CA
• Executive Director, Latino Public Broadcasting, CA
• Executive Director, First 5 Association of California, CA • Executive Director, First 5 Santa Barbara County, CA
• Executive Director, First 5 Fresno, CA
• Assistant Director, First 5 San Mateo, CA
• Executive Vice President, Center Point, CA
• Executive Director, Community Food Bank, CA
• Executive Director, Sacramento Employment and Training Agency, CA • Executive Assistant of Operations, Hass Avocado Board, CA WBCP Confidential
WWW.WECPINC.COM//OB:BOARD PAGE 6
I. BACKGROUND & QUALIFICATION.....
BELOW IS A LIST OF ADDITIONAL RECRUITMENTS WBCP HAS SUCCESSFULLY MANAGED:
LEGAL/COUNSEL/CLERK
• Public Defender, County of Santa Cruz, CA
• Public Defender, County of Humboldt, CA
• Public Defender, County of Solano, CA
• County Counsel, County of San Bernardino, CA
• County Counsel, County of Napa, CA
• County Counsel, County of Jackson, OR
• County Counsel, County of Solano, CA
• County Counsel, County of Marin, CA
• County Counsel, County of Orange, CA
• Agency Counsel, Sacramento Area Flood Control Agency (SAFCA), CA • City Attorney, City of Santa Maria, CA
• City Attorney; City of Vernon, CA
• Assistant City Attorney, City of Santa Maria, CA
• Assistant City Attorney, City of Roseville, CA
• Assistant City Attorney (planning and development), City of Santa Maria, CA • Deputy County Counsel IV, County of Jackson, OR
• County Counsel I/11, III, Assistant County Counsel (five positions), County of Santa Barbara, CA • City Clerk, City of Roseville, CA
• City Clerk, City of Livermore, CA
• City Clerk, City of Solvang, CA
INFORMATION TECHNOLOGY
• Chief Information Officer, County of Solano, CA
• Chief Information Officer, City of Chandler, AZ
• Chief Information Officer, City of Santa Maria, CA
• Chief Information Officer, County of San Joaquin, CA
• Chief Information Officer, General Hospital, County of San Joaquin, CA • Chief Information Security Officer (CISO), County of Santa Barbara, CA • Chief Innovation Security Officer (CISO), City of Riverside, CA • Director of Operations and Technology, First 5 Alameda, CA • IT Program Director, NAVA Public Benefit Company
• Vice President of Engineering, NAVA, (national)
• Digital Services Director, City of San Rafael, CA
• Director of IT, Valley Water, CA
• Software Services Manager, Valley Water, CA
• Assistant IT Director, City of Roseville, CA
• Assistant IT Director, County of Solano, CA
• Assistant IT Manger, County of Marin, CA
• IT Manager - GIS, County of Solano, CA
• IT Manager - Health and Social Services/County Data Services, County of Solano, CA • IT Manager, County of Santa Barbara, Social Services, CA • Cloud Migration Architect, County of Santa Barbara, CA • Infrastructure Architect, County of Santa Barbara, CA • Operations Technical Support Supervisor, County of Santa Barbara, CA W • Software Engineer. (7 positions), County of San Luis Obispo, CA • Project Manager, County of San Luis Obispo, CA WBCP Contidential COMPOR BOARD PAGE 7
II. BACKGROUND & QUALIFICATIONS
INFORMATION TECHNOLOGY (CON'T)
• IT Programming Analyst, Reporting, County of Santa Barbara, CA • Operations Technical Support Supervisor, County of Santa Barbara, CA • Open Text Business Analyst, County of San Luis Obispo, CA • Network Engineer, City of Santa Maria, CA
• Network Architect, County of Santa Barbara, CA
• Applications Team Supervisor, County of San Luis Obispo, CA • IT Security Specialist, County of Santa Barbara, CA
• SAP Software Engineer, County of San Luis Obispo, CA
• IT Security Specialist/Engineer, County of Santa Barbara, CA • Network Administrators, Superior Court CA, County of Santa Barbara, CA • Senior Programmer, County of Santa Barbara, CA
• Senior Database Administrator, County of Napa, CA
• IT Project Managers (2 positions), County of Solano, CA • Data Engineer, County of Solano, CA
• Director of Information Technology, Oakland Housing Authority, CA • Software Engineer, Valley Water, CA
ECONOMIC DEVELOPMENT
• Director of Innovation and Economic Development, City of Livermore, CA • Director, Economic Development and Innovation, City of San Rafael, CA
PARKS AND RECREATION, COMMUNITY SERVICES, & ARTS
• Assistant Director, Recreation and Parks, City of Santa Maria, CA • Assistant Parks Director, County of Santa Barbara, CA • Community Development Director, City of Grants Pass, OR • Community Services Director, City of Irvine, CA
• Community Services Director, City of San Rafael, CA
• Community Engagement Director, City of Davis, CA
• Executive Director, Arts Commission, County of Santa Barbara, CA • Parks Director, City of Ashland, CA
• Parks Director, County of Santa Barbara, CA
• Real Estate Program Manager, Sacramento Area Flood Control Agency, CA
PUBLIC SAFETY
• Chief of Police, City of Sacramento, CA
• Deputy/Chief of Police, Oakland Housing Authority, CA • Fire Chief, City of Hemet, CA
• Fire Chief, County of Jackson Fire District 5, OR
• Fire Chief, Boulder Creek Fire Protection District, CA • Chief of Emergency Management, County of Santa Barbara, CA • Deputy Fire Chief, City of Santa Maria, CA
• Deputy Fire Chief, Wildlands, County of Marin, CA
• Emergency Communications Manager, City of Astoria, OR • Defensible Space Program Manager, City of San Rafael, CA WBCP Contidential
WWAW.WBCRINC.COMHOB.BOARD PAGE 8
II. BACKGROUND & QUALIFICATIONS...........
FINANCIAL, ACCOUNTING, AUDITING, FACILITIES, & OPERATIONS • Finance Director, City of Ashland, OR
• Finance Director, City of Grants Pass, OR
• Finance Director, City of Lincoln, CA
• Finance Director, City of Sacramento, CA
• Director of Finance, Community Food Bank, CA
• Administrative Services/Finance Director, City of Ashland, OR • Chief Financial Officer, County of Marin Employees Retirement Agency, CA • Chief Financial Officer, Social Services Department, County of Santa Barbara, CA • Director of Finance, County of Jackson, OR
• Financial Controller/Finance Director, North American Blueberry Council/USHBC, CA • Director of Contracts and Procurement, Valley Water, CA • Division Chief, Auditor Controller, County of San Joaquin, CA • Internal Audit Chief, County of Santa Barbara, CA
• Senior Principal Accountant, City of San Rafael, CA
• Senior Tax Accountant, Touchstone Accounting, OR
• Director of Contracts and Procurement, Valley Water, CA • Audit Supervisor, County of Santa Barbara, CA
• Internal Audit Chief, County of Santa Barbara, CA
• Payroll Supervisor, County of Santa Barbara, CA
• Finance Manager, County of Santa Barbara, Department of Behavioral Wellness, CA • Financial Systems Analyst, County of Santa Barbara, CA • Senior Financial Systems Analyst, County of Santa Barbara, CA • Accountant Auditor I/II, County of Santa Barbara, CA
HUMAN RESOURCES
• Executive Director of Human Resources (HR) and Risk Management, County of El Paso, CO • Human Resources Director, County of Napa, CA
• Human Resources Director, County of Solano, CA
• Human Resources Manager, County of Solano, CA
• Human Resources Manager, City of Milpitas, CA
• Human Resources Manager & Risk Manager, City of Port Hueneme, CA • Human Resources Director, County of Mariposa, CA
• Human Resources Director, County of Humboldt, CA
• Payroll Division Chief, County of Santa Barbara, CA
• Risk Manager, County of Marin, CA
• Chief Human Resources & Organizational Development Officer, City of Santa Maria, CA • Director of Employee Experience and Culture, City of San Rafael, CA • Director, Organizational Effectiveness and Culture, County of Los Angeles, CA • Recruitment, Retention and Selection Manager, County of Santa Barbara, CA • Labor Relations Manager, County of Solano, CA
• Deputy Human Resources Director, Labor Relations, County of Marin, CA • Labor Relations Specialist/Labor Relations Program Administrator, Valley Water, CA
LIBRARY
• Library Director & CEO, Sacramento Library Authority, CA • Library Services Director, City of Long Beach, CA
• Library and Recreation Director, City of San Rafael, CA WBCP Confidential • Assistant Library and Recreation Director, City of San Rafael, CA WWW.WBCPINC.COM/AOB.ROARD PAGE 9
II. BACKGROUND & QUALIFICATIONS
HEALTH AND HUMAN SER VICES/HOUSING/UNHOUSED
• Director of Aging and Adult Services, County of Contra Costa, CA • Director of Health & Human Services, County of Humboldt, CA • Director of Health Services, Gold Coast Health Plan, CA • Director of Nursing, County of San Luis Obispo, CA
• Assistant Director, Health and Human Services, County of Solano, CA • Assistant Public Health Officer (2), County of San Joaquin, CA • Executive Director, Tri-City Mental Health Authority, CA • Behavioral Health & Recovery Services Director, County of Stanislaus, CA • Behavioral Health and Recovery Services Director, County of Marin, CA • Behavioral Health Director, County of Santa Barbara, CA • Behavioral Health Director, County of Tuolumne, CA
• Compliance Manager, County of Solano, CA
• Crisis Manager and Forensic Manager, County of Santa Barbara, CA • Director of Nursing, County of Lake, CA
• Director of Nursing, County of Napa, CA
• Director of Social Services, County of San Luis Obispo, CA • Director of Social Services, County of Santa Barbara, CA • Director, Health & Human Services, County of Marin, CA • Director, Health & Human Services, County of Napa, CA • Director, Health & Social Services, County of Solano, CA • Director, Health Services Agency, County of Santa Cruz, CA • Director, Health Services Agency, County of San Luis Obispo, CA • Director, Health Services Agency, County of Sonoma, CA • Director of Social Services and Housing, City of Davis, CA • Public Health Nursing Director, County of Napa, CA
• Division Director, Adult Systems of Care, County of Marin, CA • Executive Vice President, Center Point, CA
• Housing Program Analyst or Manager, City of San Rafael, CA • Health Services Administrator, County of Solano, CA
• Homeless Program Manager, City of San Rafael, CA
• Medical Director, Public Health Clinics, County of Santa Barbara, CA • Mental Health Specialists (5), and a Mental Health Manager, County of Jackson, OR • Nursing Services Manager, County of Marin, CA
• Operations Director, Behavioral Health and Recovery Services, County of Marin, CA • Physicians (5 openings), Public Health Clinics, County of Santa Barbara, CA • Public Health Officer, County of Humboldt, CA
• Public Health Officer, County of Lake, CA
• Public Health Officer, County of San Joaquin, CA
• Public Health Officer, County of Stanislaus, CA
• Public Health Officer, County of Tuolumne, CA
• Public Health Nurse I/11 and Senior, County of Lake, CA • Public Health Nurse I/II and Senior, County of San Luis Obispo, CA • Community Health Nurse I/1I and Senior, County of Lake, CA • Senior Deputy Director, Public Health Department, County of San Joaquin, CA • Assistant Public Health Officer - Children's Services, County of San Joaquin, CA • Assistant Public Health Officer - County of San Joaquin, CA WBCP Confidential
WWW.WECRING.COM/HOB-BOARD PAGE 10
II. BACKGROUND & QUALIFICATIONS..
HEALTH AND HUMAN SERVICES/HOUSING/UNHOUSED (CON'T)
• Supervising Public Health Nurse, County of Marin, CA
• Therapists (5 Positions), Family Solutions, OR
PLANNING & ENVIRONMENTAL/COMMUNITY DEVELOPMENT/BUILDING/TRANSIT • Chief Building Official, City of Truckee, CA
• Chief Building Official, City of Arcata, CA
• Chief Building Official, City of Astoria, OR
• Chief Building Officer, City of San Rafael, CA
• Chief Building Official, City of Calistoga, CA
• Chief Building Official, City of Sacramento, CA
• Community Development Director, County of Lake, CA
• Community Development Director, City of Petaluma, CA
• Community Development Director, City of San Rafael, CA • Deputy Community Development Director, County of Lake, CA • Development Services Director, City of Redding, CA
• Director of Transportation, County of Riverside, CA
• Planning Director, City of Sacramento, CA
• Policy and Planning Director, County of Sacramento, CA • Planning Manager, City of Grants Pass, OR
• Planning Manager, County of Solano, CA
• Planning Manager, City of Napa, CA
• Planning Manager, City of Solvang, CA
• Principal Planner, County of Lake, CA
• Principal Planner, Sacramento Area Flood Control Agency (SAFCA), CA • Planning Director, County of Santa Barbara, CA
• Assistant Planning Director, County of Santa Barbara, CA (2005/2021) • Senior Planner, County of Lake, CA
• Subdivision & Mapping Manager, City and County of San Francisco, CA • Transit Manager, City of Santa Maria, CA
• Senior Transit Planner & Transit Planner I/II, City of Petaluma, CA • Environmental Planning Manager, County of San Luis Obispo, CA • Groundwater Sustainability Director, County of San Luis Obispo, CA • Planner 1/11/1II, County of Santa Barbara, multiple departments (filled 12 positions), CA • Planner: II/III, Sr. Planner, Principle Env. Planner, Div. Mgr, (filled 4 positions) County of SLO, CA • Construction Manager, Valley Water, CA
• County Surveyor, County of Santa Barbara, CA
• Subdivision & Mapping Manager, City and County of San Francisco, CA WBCP Confidential
WWW.WECRINC.COM/JOB.BOARD PAGE 11
II. BACKGROUND & QUALIFICATIONS
PUBLIC WORKS, TRANSPORTATION, & ENGINEERING
• Director of Transportation, County of Riverside, CA
• Director of Engineering, City of Ceres, CA
• Chief Operating Officer, Water Utility Enterprise, Valley Water, CA • Chief Operating Officer, Administrative and Contract Services, Valley Water, CA • Power Engineer, City of Roseville, CA
• Director of Public Works, City of Solvang, CA
• Director of Public Works, City of Roseville, CA
• Director of Public Works, City of San Rafael, CA
• Director of Public Works, City of Santa Maria, CA
• Director of Public Works, City of Ashland, OR
• Director of Engineering, City of Ceres, CA
• Electric Utility Director, City of Roseville, CA
• Assistant Director Public Works, County of Marin, CA
• Assistant Director of Public Works, City of Santa Paula, CA • Assistant Director of Public Works - Transportation, City of Davis, CA • Deputy Operating Officer, Watersheds Design and Construction, Valley Water, CA • Deputy Operating Officer, Water Utility Capital, Valley Water, CA • Deputy Operating Officer, Watersheds Operations and Maintenance, Valley Water, CA • Deputy Operating Officer, Raw Water, Valley Water, CA • Deputy Director Public Works, Civil/Traffic Engineer, County of Marin, CA • Deputy Director Public Works/Traffic Engineer, City of San Rafael, CA • Deputy PW Director/Principal Civil Engineer/Traffic Engineer, City of Santa Maria, CA • Assistant Operating Officer of Watershed Stewardship & Planning Div., Valley Water, CA • Assistant Operating Officer, Treated Water, Valley Water, CA • Assistant Operating Officer, Dam Safety and Capital Delivery, Valley Water, CA • Street Maintenance Superintendent, City of Roseville, CA • Unit Manager, Treatment Plant Design & Commissioning Manager, Valley Water, CA • Unit Manager, Engineering Utility Operations and Maintenance Manager, Valley Water, CA • Unit Manager, Asset Management, Valley Water, CA
• Senior Civil Engineer, City of San Rafael, CA
• Principal Civil Engineer, City of Santa Maria, CA
• Project Engineer/Power Engineer, City of Palo Alto, CA • Electric Project Engineer, City of Palo Alto, CA
• Electric Linesperson/Cable Splicer (High Voltage Lineman), City of Palo Alto, CA • Electric Operations Manager, City of Palo Alto, CA
• Civil Engineer, Project Manager & Assistant Project Manager, Morton and Pitalo, Sacramento, CA • Industrial / Mechanical Senior Engineer, SWEED, OR
WBCP Confidential
WWW.WBCRINC.COMHOB.BOARD PAGE 12
II. BACKGROUND & QUALIFICATIONS..
OTHER
• COO, WBCP Inc., OR
• Public Information and Communications Officer, First 5 Alameda, CA • Director of Marketing & Communications, WBCP Inc., OR • Government Affairs Director, North American Blueberry Council, CA • Marketing and Communications Director, North American Blueberry Council, CA • Director of Communications and Industry Relations, North American Blueberry Council, CA • Director of Business Intelligence, North American Blueberry Council/USHBC, CA • Director of Community Engagement, City of Davis
• Dir. of Policy and Planning, SASD & SRCSD (Sewer and Sanitation District), County of Sacramento, CA • Agriculture Commissioner/Weights and Measures Director, County of Marin, CA • VP/Business Development Director, WBCP Inc., OR
• Assistant Director, Agriculture Commissioner/Weights and Measures, County of Santa Barbara, CA • Public Relations Specialist, Valley Water, CA
• Administrative Assistant, Legal Counsel, Valley Water, CA • Certified Dog Trainers, Dogs for Better Lives, OR
• Social Media Coordinator, WBCP Inc., OR
• Recruiter, WBCP Inc., OR
• Division Sales Representative - Wood Products, SWEED, OR
TO VIEW OUR CURRENT RECRUITMENTS,
PLEASE VISIT OUR WEBSITE:
www.wbcpinc.com
Wendi Brown, President/Owner
[email protected] | 541-664-0376
Sam Sackman, Vice President
[email protected] | 541-630-0657
WBCP
Confidential
WWW.WECPINC.COM//OB.BOARD PAGE 13
III. CITY MANAGER RECRUITMENT DETAILS (2020 - 2022)....
Town of Truckee, California (2020) City of Gold Hill, Oregon (2021) • Number of Applicants: 137 • Number of Applicants: 41
• Number of Candidates Interviewed: 7 • Number of Candidates Interviewed: 6 • Selected Candidate: Jennifer Callaway • Selected Candidate: Richard Breckinridge • Salary Range: $152,864 - $206,366 • Salary Range: $75,000 - $95,000 • Do they still occupy the position: yes • Do they still occupy the position: yes Reference: Reference:
Mayor Anna Klovstad, 530-582-2913 Mayor Brad Studebaker, 775-846-2670 [email protected] [email protected]
City of Santa Rosa, California (2021) City of Ceres, California (2021) • Number of Applicants: 67 • Number of Applicants: 21
• Number of Candidates Interviewed: 5 • Number of Candidates Interviewed: 3 • Selected Candidate: Maraskeshia Smith • Selected Candidate: Alex Terrazas • Salary Range: $270,000 • Salary Range: $210,000
• Do they still occupy the position: yes • Do they still occupy the position: yes Reference: Reference:
Mayor Chris Rogers, 707-543-3017 Mayor Javier Lopez, 209-222-7262 [email protected] [email protected]
City of Independence, Oregon (2022) City of Pasadena, California (2022) • Number of Applicants: 42 • Number of Applicants: 66
• Number of Candidates Interviewed: 5 • Number of Candidates Interviewed: 10 • Selected Candidate: Kenna West • Selected Candidate: pending selection • Salary Range: $130,000 - $150,000 • Salary Range: $290,000 - $330,000 • Do they still occupy the position: yes • Do they still occupy the position: n/a Reference: Reference:
Mayor John McArdle, 503-838-1212 Interim HR Director Tiffany Jacobs-Quinn, 818-430-2800 [email protected] [email protected] Town of Windsor, California (2022) City of Dunsmuir, California (2022) • Number of Applicants: 26 • Number of Applicants: 16 (rec't is active) • Number of Candidates Interviewed: 5 • Number of Candidates Interviewed: tod • Selected Candidate: pending selection • Selected Candidate: tbd • Salary Range: $186,000 - $219,000 • Salary Range: $95,000 - $135,000 • Do they still occupy the position: n/a • Do they still occupy the position: n/a Reference: Reference:
Interim Town Manager Mark Linder, 707-838-1000 Mayor Matthew Bryan, 530-859-2156 [email protected] [email protected]
Contidential
WWW.WBCPINC.COM PAGE 14
IV. GUARANTEE…••..•••..•.............
(1) We guarantee successful placement and will provide continued consulting services (however, the client will pay for any additional direct cost expenses) until we are successful. (2) If a candidate selected and appointed by the Client terminates employment for any reason before the completion of the first 24 months of service, WBCP will provide the Client with the necessary consulting services required to secure a replacement. Professional consulting services will be provided at no cost to the Client; however additional expenses will be covered by the Client. The Guarantee is valid for one recruitment/replacement only.
V. ORGANIZATIONAL CHART.
ADMINISTRATIVE
EXECUTIVE MANAGEMENT
PROFESSIONALS
LEADERSHIP
LEXIE GRAF
WENDI BROWN Dir. of Marketing NAOMI ORR
Reprultment Assistant
President/Recruiter
Communications
DD GRISSOM
SAM SACKMAN
ANDIE HUDSON EXECULE Reantiter
Vice President/Recruiter
Senor Executive
Recruiter RYAN BROWN
HEATHER JACK
Recruitment desistani S
Chief Operating Officer MAGGIE
Social Media Coordinator
ALEXANDRE
Executive Search Assoc. 8 CHRISTAN VIBRA
Class/Comp Specialist Regrument Assistant
STEPHANIE
LAWSON
Recruitment
Manager
STRATEGIC STRATEGIC WBCP STATISTICS
PARTNERS PARTNERS
CHRISTY WURSTER BILL LANDIS WBCP is a 100% woman-
Sr. Facilitator Public Safety Investigator owned business Stalf and consullants are
CARL CROWN
RIVKAH SASS a diverse mix of
HR & Organizational
Retired Library Development Director
Director/Sr. Facilitator gender/ethnicity
PATRICK DUTERTE Age ranges from 21 - 70+
SUSAN KLIEN- Sr. Facilitator
ROTHSCHILD
HORS Papert/Sr.
Facilitator WBCP
WBCP Confidential
WWW.WBCPINC.COM PAGE 15
VI. KEY CONSULTANTANT BIOS.
I am the President of WBCP, an executive search and human resources consultancy, serving clients in five states and expanding. My team and I are passionate about helping organizations improve their recruitment services, place great talent, conduct department assessments, redesign antiquated
WENDI BROWN
processes, revise job descriptions, conduct salary and benchmark studies, Lead Consultant/Recruiter
and more. I have over 20 years of experience in marketing and advertising and combine this with my background in recruiting to successfully place hard-to-fill, management, and executive positions. I have worked in various industries - advertising and public relations, national real estate franchisor, global manufacturing - and I have worked with nonprofit and public sector organizations since 1999. Formerly, I was an internal Human Resources Consultant for the County of Orange, California, providing countywide communications, human resources, executive search, and recruiter training services to the Assistant Chief Executive Office/Human Resources Director and, at that time, 25 decentralized departments, with 17,000 employees, serving a community of 300,000. I have a Bachelor's of Science in Business Administration with an emphasis in Marketing from Colorado Technical University; have earned several certificates in Project Management, Global Business, Marketing and Human Resources; and working towards a Master's in Management at Southern Oregon University
Sam is WBCP's Vice President and is part of WBCP's executive leadership SAM SACKMAN team. Sam has a wealth of business and public sector experience and brings Fire President/Recruiter in-depth analytical and project management skills and experience supporting executive leadership with special projects, program development, contracts and administration, and executive recruitment support. Prior to joining the WBCP team, she spent five years working at Valley Water (formerly Santa Clara Valley Water District) where she was an expert in leading complex projects and organizational change management practices supporting the CEO, Chief Officers, and various departments, such as Facilities, Contracts, Human Resources, and Government Affairs. She brings a wealth of knowledge of the inner workings of government agencies, political sensitivities, and their recruitment policies and processes. Sam has a Master's in Anthropology with an emphasis in Program Development, and an undergraduate degree in Anthropology with an emphasis in Sociology and Behavior-driven Health from Creighton University.
WBCP Contidental
WWWAWBCPINC.COM PAGE 16
VI. KEY CONSULTANT BIOS...
HEATHER Heather Jack is WBCP's Chief Operating Officer and lead Project Manager. Since starting JACK at WBCP in 2015, she has grown into an integral part of the business. Heather uses her Chie/ Operating Officer strong organizational skills and attention to detail to support all recruitments from start to finish, coordinate timelines, oversee the team's productivity. Meeting clients' deadlines and major milestones is one of Heather's top priorities, making her our go-to person for all things calendar and project management-related. Heather also assists with projects in human resources with several municipalities in Oregon and California. Other aspects of her role include supporting employee engagement, salary and benchmark studies, and business operations. During her time at WBCP, Heather has modernized processes and scaled technology systems for the company. Prior to working with WBCP, Heather worked at Hannon Library, developing organizational, research, and interpersonal skills.
Heather has a Bachelor of Science degree in Anthropology and a double minor in Environmental Studies and French from Southern Oregon University.
LEXIE GRAF : As a marketing professional, Lexie has been primarily focusing on copywriting, content Director of Marketing & creation, and brand strategy in her career. She has a knack for understanding each clients' Communications unique needs, allowing her to adapt her writing voice and branding as needed. Along with developing and overseeing the creation of social media, marketing materials, and advertising plans for WBCP, Lexie collaborates with the recruitment team in meeting clients' needs and deadlines. Before WBCP, Lexie wrote for Indeed and the University of Wisconsin Colleges, helping her develop a deep understanding of career development, recruitment, and public sector careers. Throughout her marketing career, Lexie has produced a wide variety of campaigns and deliverables, such as blogs, digital and print ads, website content, brochures, social media posts, eBooks, and magazines. Notable projects throughout her career include developing content for two websites and collaborating on an email marketing campaign that won an American Advertising Award in multiple categories. Lexie has a Bachelor's in Communications with certificates in Digital Studies and Environmental Studies from the University of Wisconsin - Madison.
ANDIE HUDSON Andie is responsible for serving WBCP's clients throughout the recruitment process and is Senior krecutive an exciting addition to the WBCP recruitment team! Andie has years over 10 years of Recruiter experience in search services and recruiting management. Prior to working with WBCP, she was a Branch Manager for a nationwide staffing company specializing in hard-to-fill, temporary, and permanent placements in skilled trades and agriculture. Andie's success has earned her statewide recognition, and she has been awarded for her triumph in providing seamless search services and dedication to outstanding customer service throughout the COVID-19 pandemic. Throughout her career, Andie has demonstrated exceptional problem-solving, project management, leadership, and strategic-thinking skills. Additionally, Andie is personable and a joy to work with and can easily connect and build effective relationships with others. Beyond Andie's interpersonal skills, she is an excellent recruiter and has a track record of identifying what our clients are looking for, using effective marketing and headhunting campaigns to solicit and secure a diverse and talented applicant pool. Andie not only finds our clients the technical skills they are looking for but also identifies the fit factor, which makes her an amazing matchmaker! When Andie isn't working hard to meet our clients' needs, she is working toward obtaining her Bachelor of Science degree in Business Administration, with a focus in Human Resources, and raising her lovely family.
WWW.WBCPINC.COM PAGE 17
VI. KEY CONSULTANT BIOS...
STEPHANIE Stephanie started working for WBCP in 2019. She acts as support for all facets of the LAWSON recruitment process, as well as any other tasks to assist the WBCP team. Stephanie has a Reenitment Manager Bachelor's of Science degree in Business Administration with a focus in Hospitality from Southern Oregon University.
Maggie Alexandre is a Human Resources professional with over 30 years of experience, MAGGIE
and is WBCP's key Executive Search Associate and Classification and Compensation
ALEXANDRE
Specialist for WBCP since 2018. Prior to working at WBCP, Maggie was a Human Resources Arrentire Search
Director in the San Francisco Financial District and led an 80 person team of human Assor O Classed omp
resource professionals. She began her career in HR at Robertson, Stephens & Company, a Specialist
boutique investment bank, and continued in the HR Director role at other investment banks and private equity firms until 2016. Maggie studied Anthropology at California State University, Long Beach and received her Human Resources Management Certificate from California State University, San Francisco.
CARL Carl Crown has over 35 years of experience in Human Resources and Training. He is the CROWN former Director of Human Resources (retired) for the County of Orange, California. Carl Marinator & Senior started his county career in Human Resources as a Senior Project Manager working on (resetiant es needed various initiatives including Agency and Department reorganizations, comprehensive classification and compensation reviews, job redesign efforts, and decentralization of Human Resources functions. Carl was then recruited by the County of Orange CIO to be the manager of the newly formed Client Services Division, where Carl oversaw application development and support and business development. Shortly thereafter, Carl became the Interim Chief Technology Officer. Attesting to his leadership abilities and flexibility, he was asked by the CEO to serve as the Human Resources Director for the County, where he supported 25 decentralized departments in all human resource capacities. Carl came to the County after a 28-year career in the U.S. Coast Guard where he served as: Regional Director of Human Resources, Assistant Director of the Coast Guard Leadership and Management School, Director of Training Development for the USCG Reserve, and Commanding Officer of Coast Guard bases in Hawaii and Southern California. Carl holds a Master's in Administration in Organizational and Human Resource Development and Bachelor of Administration in Biology from the University of Florida and has completed training from the George Washington University in Washington D.C.
WBCP Confidential
WWW.WBCPINC.COM PAGE 18
VI. KEY CONSULTANT BIOS....
RYAN BROWN Ryan has served as WBCP's Social Media Coordinator since 2020. In this role, Ryan works Social Media to increase WBCP's social media presence and expose its many recruitments to a larger Coordinator audience. Along with his social media focus, Ryan assists in recruitment by posting ad plans and handling the delivery and production of mailers and brochures. Before his time here, Ryan worked in customer service where he developed customer relations and communication skills, along with how to work in a fast-paced, ever-changing environment.
Ryan will soon be enrolling at Southern Oregon University to study Political Science to further his knowledge of governments, public policies, and political behavior.
CHRISTIAN
Christian is one of WBCP's Recruitment Assistants and has been with the company since
VIEIR AL
2021. The primary purpose of his role is to support WBCP's Executive Team. His other Recruitment Assistant
duties include panel/candidate coordination, resume review, and time/schedule management. Christian quickly learned how to interact with WBCP clients, as he has several years of experience working in customer service. Some of his other strengths include communication, organization, and relationship building. Christian will soon be enrolling at Southern Oregon University to study Anthropology and further his knowledge of different cultures and human behavior.
NAOMI ORR
Naomi is one of WBCP's Recruitment Assistants and is part of WBCP's support team. She Keeruitment Assistant
has project management experience in report writing coupled with data entry and client relations experience. She directly supports the executive leadership recruitment staff with project management, candidate coordination, and rigorous attention to detail. Prior to joining the WBCP team, she spent three years working at an environmental research laboratory where she aided clients in regulatory compliance, sample collection, and report production. Naomi has a Bachelor of Science in Environmental Science and Policy from Southern Oregon University.
CHIEF Bill Landis may conduct the background and reference checks for this recruitment. Chief WILLIAM O. LANDIS Landis specializes in public safety searches including police, EMS, medical examiner, and l'ublir Safely / fire leadership positions. With over 30 years of law enforcement experience, he has Investigator / Support served in multiple roles including School Resource Officer, Bike Team Member, Detective, Cosmultant as needed Corporal, Patrol Sergeant, Detective Sergeant, SAFE (SWAT) Team Member, Commander, CINT Team Member, Operations Lieutenant, Deputy Chief, and Police Chief. He holds a Master's degree in Justice Administration and Crime Management from Bellevue University, a Bachelor's degree in Fire Service Administration from Eastern Oregon University, and an Associate's degree in Criminal Justice from Rogue Valley Community College. Chief Landis was certified as a Firefighter I, Deputy Medical Examiner and Executive from DPSST (highest police certification in Oregon). He is an active member of the International Association of Police (IACP), Oregon Association of Chiefs of Police (OACP), and serves as adjunct criminology professor at Rogue Community College.
WBCP Contidentit
WWW.WBCRINC.COM PAGE 19
VII. RECRUITMENT STRATEGY / PHASES..
WBCP knows how to customize your search strategy to meet your unique recruitment needs. We customize your recruitment based on the specific needs, target audience and challenges for each recruitment; however below is a baseline approach for most recruitments.
CLIENT & STAKEHOLDER MEETINGS
We require the Client and/or Search Committee, and other stakeholders identified by the Client, be involved in the initial and final phases of this recruitment. These are critical phases to ensure we obtain a clear sense of the priorities and the successful hire of the right candidate. WBCP will meet with various stakeholders as warranted by the Client and the level of the position in the organization. These meetings will allow us an opportunity to gather information and gain knowledge about the organization, community, and unique aspects of the recruitment to design the ideal candidate professional profile, advertising materials, and strategic approach
PHASE I
FEEDBACK QUTCOME ! TIMELINE DEVELOPMENT
Following the Client/stakeholder meetings, we will develop a detailed timeline for the recruitment along with a proposed advertising plan for approval.
CREATIVE DEVELOPMENT
Immediately following the client feedback activities, we will draft the competencies for the recruitment and advertising material/recruitment brochure tor the Client's review. This information will summarize what was learned from Client-related interviews and will be used to advertise the opening.
MARKETING STRATEGY & IMPLEMENTATION
WBCP will execute a customized marketing/ad plan once the job announcement is created. An ad plan could include the following (based on assumptions), and will be customized based on information gathered in Phase I:
ONLINE ADVERTISING - Including local and national job boards, associations, social media, and other industry-related job postings targeting ideal candidates; job boards that reach a desired geographic area and reach a diverse ethnicity. PHASE
E-DIRECT MAIL ADVERTISING - including WBCP's current database of potential applicants, we have access to other professional lists and will source more lists through associations, contacts, etc.
SOURCING/HEAD HUNTING - WBCP will contact individuals targeted and generate new contacts through referrals made by respected sources.
WBCP is a Linkedin recruiter and we have access to over 350 million profiles via Linkedin to assist us in targeting ideal candidates.
COMMUNICATION WITH CLIENT
We will provide weekly updates on the progress of this search unless the client prefers more or less frequent communications. We tailor our communications in accordance with our Client's needs. WBCP Confidentiel
WWW.WBCPINC.COM PAGE 20
VII. RECRUITMENT STRATEGY / PHASES..
RESUME ASSESSMENT
WBCP will review resumes as they are received and/or at the close of the recruitment. Those candidates determined to be the most highly qualified will be selected for a screening interview.
SCREENING INTERVIEWS / REPORT TO CLIENT
WBCP does not restrict the number of applicants or candidates to be screened.
Rather, we interview candidates who meet our ideal candidate criteria; frequently this group amounts to 20 candidates, or on average 20% of the applicant pool. Following the completion of the phone screen interviews, we will develop a report/recommended shortlist of candidates, which includes: resumes, cover letters, and a one-page profile summary of candidate's professional history, including a brief overview of WBCP's assessment and the results of their phone screen. We will meet with the selection committee/Client to review this report and select candidates for interviews. In this meeting, we will review the recruitment plan and discuss the final stages of the selection process.
COMMUNICATION WITH CANDIDATES
WBCP will take responsibility for communicating with the applicants/candidates during each phase of the search process and Client should refer any inquiries from potential or existing applicants directly to WBCP.
SELECTION PROCESS
WBCP will design and administer an appropriate final selection process based on the needs of the Client (tailored to the need and recruitment). WBCP will facilitate the invitation and coordination of these meetings/interviews and provide additional assessment tools/recommendations such as interview questions, writing and presentation exercises, problem solving scenarios, etc.
COMMUNICATION WITH CLIENT
Following the interviews and the Client's top candidate(s) selection, we will assist the Client with facilitating a thorough background and reference check. A typical approach includes a review of federal, state, and local criminal background checks and academic verification by a licensed background agency.
Reference checks are conducted over the phone by a senior consultant and a final report is provided to the Client. References are completed on candidate(s) being considered after initial/panel interviews.
NEGOTIATIONS
Once the client reviews and is comfortable with the
findings in the background and reference report, we are available to assist with negotiations on compensation, benefits, start date, and other transition details.
PLEASE NOTE: Due to COVID-19 Guidelines, WBCP, Inc. is committed to providing services listed herein, typically these services are executed in-person, however, we will facilitate all services virtually as needed and have successfully managed many virtual and hybrid interviews (partial in person/part virtual) since March 2020 for our clients. WBCP Confidential WWW.WBCPING.COM PAGE 21
VIII. SCOPE OF WORK..
• Facilitate initial kick-off meeting with Client and other meetings that may include Executive Leadership, staff, community, and other stakeholders to assist with identifying the ideal candidate profile. • Assist Client hiring authority/stakeholders in modifying the job description (as needed), and develop a recruitment announcement, marketing material, and advertising plan for the recruitment. • Attend all other meetings and engagements as needed or identified by the Client. • Implement advertising plan including: publication, headhunting, direct mail, and other online and email marketing efforts.
• Provide timely updates and progress reports to the client regarding search services; every two weeks or as Client identifies is needed
• Preliminary internet searches will be conducted on recommended candidates. • Coordinate interview panel(s) as needed, or coordinate this process with Client. • Receive and review applicants and screen those applicants to identify top candidates. Top screened paper applicants will be video/phone screened by recruiter to identify the key competencies (technical and interpersonal) to assist in identifying the top group of candidates who will be recommended at the Client/WBCP shortlist meeting.
• Facilitate shortlist meeting with Client - review and select candidates who will be invited to interview. • Coordinate invitations to candidates.
• Develop interview questions and other selection details to meet specific needs and identify key competencies of candidates.
• Facilitate interviews with panel(s).
• Background and reference checks will be conducted with candidates who are identified as final candidates after initial Client interviews have been conducted. Background checks will typically include the following criminal (local; state, and federal), education, credit, social security. References will be conducted based on a 360-degree perspective and will include staff, peers, and superiors. Onsite background services are available at an additional fee (see fees for details)
• Facilitate offer and negotiations with selected candidate; as directed by Client.
WBCP Confidential
WW.WECPINC.COM PAGE 22
IX. RECRUITMENT TIMELINE...
BELOW IS A SAMPLE OF AN EXECUTIVE SEARCH TIMELINE THAT
WBCP WILL CUSTOMIZE FOR THIS RECRUITMENT
Week 1:
• Secure services with search firm, WBCP, Inc.
• WBCP: review search parameters and recruiting processes with Client • Interview with hiring authority and other stakeholders for competencies • Identification of advertising venues and ideal candidate prospects • Calls, meetings, or coordination with other stakeholders for information gathering Weeks 1 + 2:
• Develop and approvals: recruitment process, deadlines, ad plan and strategy, recruitment timeline and brochure • Print coordination (if applicable)
Weeks 2 + 3:
• OPEN RECRUITMENT: Implement marketing plan and direct mail (if applicable) • Secure panel member calendars
•Timeline may be extended if direct mail piece is included (i.e., print/postage) • Finalize panel members and interview logistics and invitations to panel members Weeks 4, 5, + 6:
• Receive applications -Collect and source applicants will continue until recruitment closes Weeks 7 + 8:
• CLOSE RECRUITMENT AND ADVERTISING
• Conduct initial phone screen to identify short list of candidates • Preliminary check on short list candidates (Google search) • Candidate profiles developed and short list recommendations to client Weeks 9 + 10:
• MEETING - Client confirms selection of candidates to be advanced to panel interviews • Finalize questions, presentation, in-basket (as determined) • Coordinates invitations with selected top candidates (short list) • Produce panel candidate interview packets
Weeks 10 + 11:
• WBCP facilitates interview process - Interview process will be customized based on client and community needs:
• Day 1: Panel Interviews Conducted; Day 2: 2nd Interviews with executive leaders; • 3rd interviews may be scheduled as needed with Boards/Commissions, etc.; • As needed schedule staff and/or community discussions/meetings Week 12:
• WBCP conducts background and reference checks (backgrounds may be conducted by Client if current contract exists) • WBCP conducts full reference checks for candidate(s) selected for Board/Commission interviews; or when Client is interested in making an offer
NEGOTIATIONS / HIRE:
• Hire date to accommodate possible candidate relocation • Client (WBCP available to assist in process) conducts offer and facilitates salary negotiations with preferred candidate
WBCP Confidential
WWWW.WBCRINC.COM PAGE 23
X. REFERENCES.............
1-City of Oxnard, California
Positions:
• City Manager
Contact Information:
• Stephen Fisher, City Attorney - [email protected] | 805-385-7483 • Alexander Nguyen, City Manager - [email protected] | 805-385-7430 2-City of Ventura, California
Positions:
• City Manager
Contact Information:
• Matt LaVere, Ventura County Board of Supervisors: District 1 - [email protected] | 805-654-2703 • Alex McIntyre, City Manager - [email protected] | 805-654-7740 3-City of Long Beach, California
Positions:
• Deputy City Manager
• Library Director
• Chief of Labor Relations (active)
Contact Information:
• Omar Ramos, Administrative Officer - [email protected] | 562-570-6060 XI. MARKETING MATERIAL EXAMPLES..........
Click on the links below to see our marketing samples for similar positions. To see all of our brochures, visit www.wbcpinc.com/job-board
1. City of Pasadena, CA - City Manager Brochure: tinyurl.com/58kbvjbp
2. City of Ventura, CA - City Manager Brochure: tinyurl.com/2p9fmddr
3. City of Santa Rosa, CA - City Manager Brochure: tinyurl.com/2fm7ut76
4. Napa County, CA - Asst. CEO Brochure: tinyurl.com/2p8rxekf
5. City of Oxnard, CA - City Manager Brochure: tinyurl.com/4tnc4mc8
6. Community Meeting Marketing Sample: tinyurl.com/mwtay9jp
7. Social Media Marketing Sample: tinyurl.com/4pmjr9vn
W
WBCP Confidential
WWW.WBCPINC.COM PAGE 24
XII. COST PROPOSAL.
WBCP will not limit the number of hours we work on a recruitment, rather we charge a flat rate and will spend the time necessary to ensure we are successful. Consulting fees will be billed in thirds at the beginning, middle (shortlist selection) and end of the recruitment process. For out-of-scope work, we charge an hourly rate of $175.
SERVICE COST PER RECRUITMENT
CITY MANAGER
Description of Services/Deliverables: Inclusive rate per recruitment:
Consulting Services, Phases I - IV in the proposal's
scope of work $28,900 (not to exceed)
Expenses: includes travel to client location, or
document shipping fees/delivery charges to facilitate
virtual meetings, advertising (may include print and
postage), brochure design (flat fee of $950.00 for
graphic design), panel packet content, delivery $7,900 (not to exceed) charges, fees for background and reference checks,
may include fee for one additional consultant to
travel (and related expenses) and facilitate an
additional panel for one day (Up to two trips to client) ADDITIONAL BACKGROUND SERVICES AVAILABLE - these services can be added to the package if desired Onsite Investigative Background Services: In addition to the background reports, education verification, credit report and reference checks, which are included in the expenses above, WBCP also offers onsite investigative background services. If the client wishes to conduct a background check that includes an onsite visit by a trained private investigator and former Police Chief (similar to a police background check) please contact our office for an estimate for these services.
WBCP Confidential
WWW.WECPING.COM PAGE 25
XIII. OTHER..
INSURANCE
WBCP and its sub-consultants have reviewed the contractual agreement and the Insurance Requirements. If selected, WBCP will execute said agreement and will provide the required insurance documents. WBCP will submit certificates of insurance as evidence of the required coverage limits. Insurance policies include:
liability, errors and omissions, workers compensation, and vehicle insurance.
CONFIDENTIALITY SAFEGUARDS
Confidentiality is paramount in the work we do. We ensure that the client and candidate information we receive, and conversations with our client (and certainly discussions in closed session) are kept confidential.
There are several physical safeguards we have in place including locked and alarmed office space, password, and encryption-protected information on our computers and servers, multiple backup systems.
As information is shared with our client, we discuss the importance of confidentiality and why it is important to the candidates they are considering but also brands the organization appropriately. We also ask candidates who are interviewed to keep candidate information confidential, as they may see or meet a candidate during the process. We emphasize that confidentiality is not just until the recruitment is completed, and a candidate is hired, confidentiality is in perpetuity. Leaked information is not a reputation that a client wants to receive, as this could deter future applicants from applying.
ORGANIZATIONAL DIVERSITY STATEMENT
WBCP embraces cross-cultural diversity and we are committed to equitable treatment and elimination of discrimination in all its forms at all organizational levels and throughout all consulting practices, including search services. We strive to reach diverse groups of people to inform them of leadership opportunities.
Upon our 2021 year-end review, we found that over the last three years, 62% of our applicants and 56% of candidates placed in leadership positions with our clients came from diverse backgrounds. We will make extensive efforts to attract a qualified applicant pool that represents a broad range of gender and ethnically diverse individuals.
June 7, 2022
Wendi Brown, President Date
Client, Title Date
W
WBCP Confidential
WENDI BROWN RESUME - EXECUTIVE SEARCH & HR PROFESSIONAL W. BROWN CREATIVE PARTNERS - WBCP | OFFICES IN OREGON AND CALIFORNIA 2004 - Present President and Founder of WBCP, an executive search, and human resources firm with clients in OR, AZ, WA. CO, ID, and CA; Manager and lead consultant overseeing executive search services for nonprofit and public sector organizations; Use marketing and recruiting concepts to return excellent results for hard-to-fill, management and executive management positions; Lead consultant overseeing client relations, project management and recruiting consulting services; Direct project teams, production and creative marketing and branding projects; Track and manage marketing and search results; Design workforce plans, assess skill and talent gaps. Clients listed in the attached.
COUNTY OF ORANGE | COUNTY EXECUTIVE OFFICE, HUMAN RESOURCES, SANTA ANA, CA 1998 - 2003 Human Resources Consultant; Human Resources Manager; Specialist Rapid progression of position titles and responsibilities implementing countywide initiatives affecting 24 decentralized dept., serving 17,000 employees, at the second largest county in California Effective utilization of communications, marketing, networking tools to improve recruitment strategies; Manage department head and management recruitments; Lead internal consultant serving 24 decentralized departments supporting hard-to-fill and management recruitments; Train internal recruiters on recruitment and marketing strategies to improve results and efficiencies; Part of committee to analyze and change 25 year old County selection rules; Designed recruitment newsletters; Team member charged with designing and implementation of countywide recruiter competency based training model and recruiter assessment tool; Implemented communications campaign for new performance incentive program; Coordinated 17,000 employees/managers and internal trainers on new performance management system within 12 months.
CANON BUSINESS MACHINES | COSTA MESA, CA 1997 - 1998
Marketing Coordinator | Interface with Engineers and R&D for new product launch; Design and produce creative comps for product packaging and promotional insert materials; Create user documentation for various products in English and other languages; Network a relationship between Canon and an ISP to provide international internet access through a new product package insert.
HOMELIFE REALTY SERVICES, Inc. | NEWPORT BEACH, CA 1993 - 1995 Office and Franchise Marketing Manager | Guide, train and support 55 franchises with over 500 agents in effective application of corporate marketing tools/strategies for business development and sales growth; Create several marketing communication tools; Cultivate and manage media relationships; public relations campaigns.
HAWKINS ADVERTISING & PUBLIC RELATIONS | NEWPORT BEACH, CA 1991 - 1993 Client Relations and Account Manager | Managed account relationships, budgets, billing, advertising, media relations and ad placement for ad agency's clients which included Oscar Mayer, Nestles, ARA Cory, Remedy Temps, etc.; Planned and coordinated market research projects and system upgrades; organizational efficiencies.
EDUCATION
Bachelor's of Science | Business Administration | Marketing emphasis | Colorado Technical University, Colorado| Summa cum Laude
Master's in Management | Southern Oregon University | Oregon (current candidate)