Gustine City Council
September 6, 2022

AGENDA

TALE BIT CAION

CITY OF GUSTINE

CITY COUNCIL

COUNCIL CHAMBERS, CITY HALL
352 5'h STREET GUSTINE, CALIFORNIA

HE PORATED NOT TR
SEPTEMBER 6, 2022 - 6:30 Р.М.

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.

CALL TO ORDER - PLEDGE OF ALLEGIANCE
Please take a moment to silence your cell phones.

ROLL CALL
Council Members: Bonta - Brazil - Ford - Mayor Pro Tem Alexander - Mayor Nagy

PRESENTATIONS

PUBLIC COMMENT
At this time, any person may comment on any item which is not on the agenda. PLEASE STATE YOUR NAME FOR THE RECORD. Action will not be taken on the topic unless deemed an urgency matter by a 3/5 vote of the City Council. Topics not considered an urgency matter may be referred to City staff and/or placed on a subsequent agenda for consideration, by a 3/5 vote of the City Council.

Members of the public, who have questions or comments regarding a specific agenda item, may comment on that item before consideration of that item, when recognized by the Mayor.

GUSTINE COMMUNITY FOUNDATION BUSINESS
The City Council will now convene as the Board of the Gustine Community Foundation.

1. See Separate Agenda (Enclosed)

CITY OF GUSTINE CITY COUNCIL BUSINESS
The City Council will now reconvene the regular meeting of the Gustine City Council.

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?

2. Minutes of the August 16, 2022 Regular Meeting
Recommendation: Review and approve
(continued)

3. Warrants
Recommendation: Review and approve

4. Approve Request for Street Closure, and Allowance of Mobile Food Vendors for Annual Trunk or Treat Halloween Event
Recommendation: Review and approve

5. Approve Resolution Awarding Contract for Soil Removal and Disposal Project to Rolfe Construction, Inc. and Authorizing Interim City Manager to Execute Contract
Recommendation: Review and approve resolution

6. Approve Resolution Authorizing Continuance of Feral Cat Spay/Neuter Voucher Program and Allocating Annual Funding toward Program
Recommendation: Review and approve resolution

7. Approve Resolution Updating Mandatory Cleaning Fee Criteria for Goman Community Center Rentals
Recommendation: Review and approve resolution

8. Approve Resolution Adopting Gustine Police Policy 706 in Compliance with AB481 Relating to the Purchase and Use of Military Equipment Recommendation: Review and approve resolution

9. Approve Adoption and Waive Second Reading of an Ordinance Approving Development Agreement between City and Flavor Farms Gustine, LLC to Allow a Commercial Cannabis Business Consisting of Indoor Cultivation and Distribution Services
Recommendation: Approve adoption and waive second reading

10. Approve Adoption and Waive Second Reading of an Ordinance Approving Amended Development Agreement between the City and Tip Top Farms, LLC to Allow Continued Operation of Commercial Cannabis Microbusiness Recommendation: Approve adoption and waive second reading

11. Approve Resolution Accepting West Ave Hydrant Replacement Project as Complete, and Directing City Clerk to File a Notice of Completion Recommendation: Review and approve resolution

12. Approve Resolution Superseding Resolution 2022-2633 Authorizing Acceptance of State Homeland Security Grant Program Funding
Recommendation: Review and approve resolution

13. Approve Gustine Employee Salary Schedule
Recommendation: Review and approve

14. Authorize Interim City Manager to Enter into Contract for Accounting Services Recommendation: Review and authorize

ADMINISTRATIVE AGENDA

15. PUBLIC HEARING - Consider Introduction and Waiver of First Reading of an Ordinance Amending Gustine Municipal Code Sections to Incorporate California Code of Regulations Title 24- 2022 Edition of California Building Standards Code

1. Receive Staff Report

2. Open the public hearing

3. Close the public hearing

4. Consider a motion to introduce and waive the first reading of an ordinance amending Gustine Municipal Code Title 4, Chapter 4, Article 2, and adopting by reference the California Code of Regulations Title 24, 2022 edition of the California Building Standards Code

CITY DEPARTMENT REPORTS

CITY MANAGER REPORT
(continued)

CITY COUNCIL REPORTS

CLOSED SESSION
None.

ADJOURNMENT
In compliance with the Americans with Disabilities Act, a disabled person requesting a disability-related modification or accommodation to participate in this meeting, must contact City Hall at (209) 854-6471 or (209) 854-2127 (fax). Requests must be made as early as possible, preferably one-full business day before the start of 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 5Tн Street, Gustine, CA. Documents or writings received after the general distribution of the agenda are also available for inspection.

CERTIFICATION
1, Melanie Correa, Deputy City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at the Gustine City Hall, 352 5th Street, Gustine CA and made available for public review on this Is day of September, 2022, at or before 5:00 p.m.

Melanie Correa
ITEM NO. 1

PASTIE CITY ALON AGENDA

CITY OF GUSTINE

GUSTINE COMMUNITY FOUNDATION

COUNCIL CHAMBERS, CITY HALL
352 5th STREET GUSTINE, CALIFORNIA
TOPOPATED NOT TH Teleconference Line 1(872)240-3212 Access code: 528-193-397 SEPTEMBER 6, 2022

CONCURRENT WITH CITY COUNCIL MEETING

CALL TO ORDER

ADMINISTRATIVE AGENDA

1. Receive Introduction

2. Receive Public Comment

3. Consider a motion to approve the following item listed as an action item and labelled: a.

1. The federal exemption application was submitted on April 29, 2022, and is currently still in review awaiting a decision from the Internal Revenue Service.

Typical wait times for determinations are no less than six months, and is expected sometime late October or early November 2022.

Once federal exemption approval is received, affirmation from the State will be requested, as is customary.

2. ACTION ITEMS:
(a) Review and approve meeting minutes of first annual meeting of the Gustine Community Foundation.

ADJOURNMENT OF GUSTINE COMMUNITY FOUNDATION MEETING
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 5™H Street, Gustine, CA. Documents or writings received after the general distribution of the agenda are also available for inspection.

CERTIFICATION
I, Melanie Correa, Secretary, 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 Is day of September, 2022, at or before 5:00 p.m.

Melanie Correa, Secretary

MINUTES OF

ORGANIZATION MEETING OF THE

BOARD OF DIRECTORS OF

GUSTINE COMMUNITY FOUNDATION

A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION
September 7, 2021
The Board of Directors of the above-named Corporation held its first meeting concurrently with the regular meeting of the Gustine City Council on September 7, 2021 at 6:30 P.M. The meeting was held in the Council Chambers and was also conducteo via GoToMeeting virtually with the use of an online meeting room and teleconference dial-in phone number.

CALL TO ORDER
Mayor Nagy called the meeting to order at 6:41 P.M.

ROLL CALL
Directors: Bonta - Ford - Alexander - Mayor Nagy
Director Dennis Brazil was absent.

On motion duly made and carried, Pat Nagy was appointed Temporary Chairperson and Melanie Correa was appointed Temporary Secretary of the meeting.

ORGANIZATIONAL CERTIFICATE
The Temporary Chairperson presented to the meeting an Organizational Certificate, duly executed by Allison De Tal, Esq., on behalf of Best Best & Krieger LLP ("'BB&K"'). Said Organizational Certificate recites the actions taken by the Incorporator in filing the Articles of Incorporation, adoption of a proposed set of Bylaws and naming the five (5) initial Directors, to complete the organization of the Corporation. After review by the Board, and upon motion duly made, seconded and unanimously carried, the Organizational Certificate was also made a part of the records of the meeting.

MINUTE BOOK
The Temporary Chairperson presented to the meeting a corporate minute book with the recommendation that such minute book be maintained by the Corporation for minutes of meetings of the Board of Directors and other corporate documents. The following resolutions were then unanimously adopted:

RESOLVED, that this Corporation maintain a minute book
containing the minutes of this meeting and of all subsequent meetings of the Board of Directors and such other documents as the Board of Directors may from time to time direct.

RESOLVED FURTHER, that the Temporary Secretary is hereby directed to place the Organizational Certificate in the minute book preceding the minutes of this meeting.

ARTICLES FILED
The Temporary Chairperson presented to the meeting a certified copy of the Corporation's Articles of Incorporation already contained in the corporate minute book. Said certified copy showed the following filing information with the California Secretary of State's Office:

Filing Date: January 17, 2020
Corporate Number: C4555751
After review of said Articles of Incorporation by the Board and after a short discussion and on motion duly made, seconded and unanimously carried, the following resolution was adopted:

RESOLVED, that the Articles of Incorporation of this
Corporation as duly certified by the California Secretary of State have been reviewed and are hereby ratified and
approved by this Board of Directors.

BYLAWS
The Temporary Chairperson presented to the meeting the Bylaws of the Corporation as adopted by the Incorporator. After a full review and discussion of said Bylaws by the Board and on motion duly made, seconded and unanimously carried, the following resolution was adopted:

RESOLVED, that this Board of Directors hereby approves the Bylaws presented to this meeting and confirms their adoption by the Incorporator of this Corporation.

RESOLVED FURTHER, that the Secretary of this Corporation is hereby authorized and directed to execute a certificate of the adoption of said Bylaws by the Board and to attach such Certificate of Secretary to the Bylaws in the minute book of this Corporation. The Secretary is hereby further instructed to see that a copy of said Bylaws, similarly certified, is kept at the principal executive office of this Corporation, in accordance with Section 5160 of the California Corporations Code.

Election OF OFFICERS
The meeting proceeded to the election of the Chairperson, Vice Chairperson, Treasurer, and Secretary as stated in the Bylaws. The following persons will serve in the listed positons:

Name Office
Pat Nagy Chairperson
Derek Alexander Vice Chairperson
Melanie Correa Secretary
Jas Birring Treasurer

GOVERNANCE POLICIES
The Chairperson reported that BB&K has recommended that the Board consider adopting a Conflicts of Interest Policy to supplement, but not replace, applicable federa and state laws prescribing conflicts of interest rules governing nonprofit and charitable corporations, a Whistleblower Protection Policy and a Document Retention and Destruction Policy. Proposed drafts of each policy have been distributed to the Board of Directors for consideration. After a full review and discussion of the proposed drafts by the Board of Directors and on motion duly made, seconded and unanimously carried, the following resolutions were adopted:

RESOLVED, that the proposed Conflicts of Interest Policy, Whistleblower Protection Policy and Document Retention
and Destruction Policy have been reviewed and are hereby approved and adopted by this Board of Directors.

RESOLVED FURTHER, that the Secretary of this Corporation is hereby authorized and directed to execute a certificate of the adoption of said Conflicts of Interest Policy, Whistleblower Protection Policy and Document Retention and Destruction Policy by the Board of Directors and to attach a signed Certificate of Secretary to each policy in the minute book of this Corporation.

ANNUAL MEETINGS OF DIRECTORS
The Chairperson stated that the Corporation needs to set the date for its annual meeting. After a short discussion and on motion duly made, seconded and unanimously carried, the following resolution was adopted:

RESOLVED, that this Corporation hereby designates the dates of the annual meetings for the Board as follows:

Date: First Tuesday of each September
Time: 6:30 p.m.

Place: Gustine City Council Chambers

REGULAR MEETINGS OF DIRECTORS
The Chairperson stated that the Corporation needed to set the date for its regular meetings. After a short discussion and on motion duly made, seconded and unanimously carried, the following resolution was adopted:

RESOLVED, that this Corporation hereby designates the dates of the quarterly meetings for the Board as follows:

Date: First Tuesday of March, June, September, and
December
Time: 6:30 p.m.

Place: Gustine City Council Chambers

LEGAL SERVICES
The Chairperson stated that the Law Firm of Best Best & Krieger LLP ("BB&K") has provided legal services in connection with the formation of this Corporation and that additional legal services will be needed to obtain the Corporation's federal and state tax exemptions. After a short discussion, the following resolutions were unanimously adopted:

RESOLVED, that this Board hereby ratifies all actions taken to date by BB&K and further authorizes BB&K, together with the appropriate officers, to take all actions necessary and required to (a) complete the Corporation's organization, (b) obtain federal and state tax exemption and (c) fulfill the intent of any resolutions adopted during this meeting in connection therewith.

BANK RESOLUTION
The Chairperson stated that the Corporation must have a depository for the funds of this Corporation and to authorize certain officers to deal with said funds. After a short discussion, the following resolutions were unanimously adopted:

RESOLVED, that Tri Counties Bank is hereby selected as the depository of the funds of this Corporation and that the terms of all accounts with such Bank, including the names of the persons authorized to sign checks on behalf of this
Corporation, shall be as set forth on said Bank's form of resolution card.

ANNUAL REPORT
The Chairperson stated that in order for the Corporation to comply with the provisions of Section 6210 of the California Corporations Code, it is necessary to file a "Statement of Information (Domestic Nonprofit Corporation)" with the California Secretary of State within 90 days of formation and biannually thereafter. In compliance with such requirement, the Incorporator filed such initial Statement of Information on behalf of the Corporation. After a full review of a copy of said Statement of Information by the Board and on motion duly made, seconded and unanimously carried, the following resolutions were adopted:

RESOLVED, that the Statement of Information of this
Corporation as submitted by the Incorporator has been
reviewed and is hereby ratified and approved by this Board of Directors.

RESOLVED FURTHER, that the officers of this Corporation are hereby authorized and directed to prepare, execute and file any subsequent statement required by Section 6210 of the California Corporations Code with the California Secretary of

LICENSES AND PERMITS
The Chairperson pointed out to the meeting that it may be necessary for the Corporation to obtain certain governmental approvals, permits and authorizations to engage in its business activities in the State of California. On motion duly made and carried, the following resolution was unanimously adopted:

RESOLVED, that the officers of this Corporation are hereby authorized and directed to make such applications and to do all acts to comply with such laws, regulations and rules as are necessary to obtain any and all permits, licenses,
authorizations and certificates as may be necessary for this Corporation to engage in its business activities in the State of California.

ADJOURNMENT
Director Pat Nagy adjourned the meeting at 6:54 P.M.

MINUTES OF

REGULAR MEETING
August 16, 2022

CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:01 P.M. and conducted the pledge of allegiance

ROLL CALL
Council Members: Bonta - Brazil - Ford - Alexander - Mayor Nagy Staff present: Interim City Manager Brad Kilger, Attorney Associate Anne Branham, Police Chief Ruben Chavez, Public Works Director Jesus Chavez, Recreation Manager Tiffany Vitorino, Economic & Community Development Director Jami Westervelt, Fire Chief Pat Borrelli, City Engineer Mario Gouveia, and Administrative Services Director Melanie Correa

PRESENTATIONS

1. Westside 4-H Presentation Team
The 4-H group shared their individual speeches.

PUBLIC COMMENT
There was no public comment.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.

Are there any items on the consent calendar that any member of the public would like to comment on?
Minutes of the August 2, 2022 Regular Meeting
Recommendation: Review and approve

5. Warrants
Recommendation: Review and approve
Treasurer's Report - July 2022
Recommendation: Review and file

7. Approve Resolution Approving Amendment to Memorandum of Understanding Between City of Gustine and Gustine Police Officers Association Recommendation: Review and approve
Authorize Interim City Manager to Execute Renewed Measure V Local Funding Agreement
Recommendation: Review and authorize
Approve Request for Use of Streets and Services for Annual Our Lady of Miracles Celebration
Recommendation: Review and approve

10. Approve Request for Use of Streets and Services for Gustine High School Homecoming Parade and Night Rally
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.

There was no public comment.

Council member Brazil inquired additional information on the Comcast warrant, to which Administrative Services Director advised the City is still in contract with Comcast in a limited capacity.

Mayor Pro Tem Alexander made a motion to approve the consent calendar. The motion was seconded by Council member Ford and carried 5-0.

ADMINISTRATIVE AGENDA

9. DISCUSSION & DIRECTION: Consider Request for Waiver of Goman Center Cleaning Fee from Gustine Lions Club

1. Receive Staff Report

2. Receive Public Comment

4. Hold discussion and provide direction to staff on waiver request Council member Bonta recused himself from the dias at 6:43 P.M. due to conflict of interest with his membership of the Lions Club. He sat as an audience member.

Recreation Manager Vitorino presented the staff report.

There was no public comment.

Council member Brazil inquired if there were any additional requests from other Service Clubs, to which Recreation Manager Vitorino denied.

Council member Brazil inquired if there were any past cleaning issues with the Gustine Lions Club, to which Recreation Manager Vitorino provided that the Club provided ample notice when needing the City's assistance in cleaning.

The Council granted the fee waiver and directed staff to return with a revised resolution, eliminating mandatory fee for Service Clubs.

Recreation Manager Vitorino inquired direction on the mandatory cleaning fee for Gustine Unified School District, to which Interim City Manager Kilger advised Gustine Unified School District will need to bring any future waiver requests to Council.

Council member Bonta returned to the dias at 7:01 P.M.

Mayor Nagy reopened the meeting public comment period at 7:02 P.M.

Mr. Rocha, 703 Laurel Avenue, provided commentary on excessive speeding, falling tree limbs, and restricting parking vehicles on residential lawns.

Council member Brazil made a motion to reopen consent calendar item #3.

Council member Ford advised of his abstention from the consent calendar item #3, Richard A. Ford Il warrant in the amount of $55.05.

Council member Brazil made a motion to approve consent calendar item #3. The motion was seconded by Mayor Pro Tem Alexander and carried 4-0, with Council member Ford abstaining from the Richard A. Ford Il warrant.

10. PUBLIC HEARING - Consider Introduction and Waiver of First Reading of an Ordinance Approving an Amended Development Agreement between the City and Tip Top Farms, LLC

1. Receive Staff Report

2. Open the public hearing

3. Close the public hearing

4. Consider a motion to introduce and waive the first reading of an ordinance approving an amended development agreement between the City of Gustine and Tip Top Farms, LLC to allow continued operation of a commercial cannabis microbusiness located at 377 4th Street, Gustine
Economic & Community Development Director Westervelt presented the staff report.

She advised of a numbering error on the redline version of the amended development agreement. She also advised the agreement would be corrected and aligned before being deemed final.

Mayor Nagy opened the public hearing at 7:12 P.M. There was no public comment. The public hearing was closed at 7:13 P.M.

Council member Brazil inquired additional information on the changes to the agreement, to which Economic & Community Development Director Westervelt advised changes related to definitions, commencement date, and the addition of audit rates.

Council member Brazil made a motion to introduce and waive the first reading of an ordinance approving an amended development agreement between the City of Gustine and Tip Top Farms, LLC to allow continued operation of a commercial cannabis microbusiness located at 377 4th Street, Gustine. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0.

11. PUBLIC HEARING - Consider Introduction and Waiver of First Reading of an Ordinance Approving a Development Agreement between the City and Flavor Farms Gustine, LLC; and Adopting a Resolution Approving a Use Permit for Indoor Cultivation and Distribution Operations; and Approve an Operating Agreement between the City and Flavor Farms Gustine, LLC

1. Receive Staff Report

2. Open the public hearing

3. Close the public hearing

4. Consider a motion to introduce and waive the first reading of an ordinance approving a development agreement between the City of Gustine and Flavor Farms Gustine, LLC to allow a commercial cannabis business located at 355 4th Street, Gustine

5. Consider a motion to approve Resolution approving a use permit for indoor cultivation and distribution operations of a cannabis business

6. Consider a motion to approve an operating agreement between the City and Flavor Farms Gustine, LLC
Attorney Associate Branham presented the staff report.

Economic & Community Development Director Westervelt advised of a numbering error on the redline version of the amended development agreement. She also advised the agreement would be corrected and aligned before being deemed final.

Mayor Nagy opened the public hearing at 7:18 P.M.

Zach Drivon, Flavor Farms Attorney, shared information on the nature of the business.

The public hearing was closed at 7:29 P.M.

Council member Brazil inquired additional information on the distribution process, to which Mr. Drivon advised Flavor Farms is not delivering direct to customers, they would be distributing wholesale products to retailers or other distributors.

Council member Brazil inquired if Tip Top Farms and Flavor Farms are in agreeance to the allowance of both businesses, to which Mr. Drivon affirmed.

Mayor Pro Tem Alexander inquired on the wastewater haul off process, to which Mr.

Drivon advised of the deference to a wastewater contractor.

Council member Bonta made a motion to introduce and waive the first reading of an ordinance approving a development agreement between the City of Gustine and Flavor Farms Gustine, LLC to allow a commercial cannabis business located at 355 4th Street, Gustine. The motion was seconded by Council member Brazil and carried 5-0.

Mayor Pro Tem Alexander made a motion to approve resolution approving a use permit for indoor cultivation and distribution operations of a cannabis business. The motion was seconded by Council member Bonta and carried 5-0.

Mayor Pro Tem Alexander made a motion to approve an operating agreement between the City and Flavor Farms Gustine, LLC. The motion was seconded by Council member Bonta and carried 5-0.

Council member Ford inquired whether a tour of the facility would be offered, to which Mr. Drivon affirmed.

CITY DEPARTMENT REPORTS
Police Chief Chavez updated on warnings issued to the big rig trucks parking on North Avenue and Fentem Ra. He reported on a hostage and domestic violence issue that occurred in early August in the Borrelli Ranch subdivision. He advised the police department has been active in enforcing safe routes to school routes. He also advised the radar trailer is posted on Railroad Avenue. He informed Council that Officer Gallardo is enforcing the abandoned vehicle abatement process.

Mayor Nagy inquired on the warrants related to new computers for the department, to which Police Chief Chavez advised two of four computers have been received and installed within the department vehicles.

Fire Chief Borrelli provided an update on the residential fire on North Avenue. He advised the fire was contained within forty minutes. There was some discussion in regards to mutual aid.

Public Works Director Chavez advised the manhole was replaced on Carnation Rd. and East Avenue. He also advised of a second manhole with issues on Carnation Rd.

He updated on the SCADA lift station upgrade. He advised of road and crosswalk striping on Main Street and around schools.

City Engineer Gouveia presented the project plan for the hydrant and valve replacement project.

Council member Brazil commented on the sinkhole on Linden Avenue, to which Public Works Director Chavez advised he will contact PG&E.

Mayor Nagy requested that Jamero Park be given additional maintenance by the department, to which Public Works Director Chavez affirmed.

Economic & Community Development Director Westervelt updated on the status of the airport gate. She informed Council that Precision Genetics Solution will be opening in late September. She also informed Council the City is working with Mid-Valley Disposal on commercial services issues. She advised the City was not selected for the high- speed internet funding. She also advised of a possible fiber connection project with Comcast for disadvantaged communities.

Council member Bonta inquired on the status of the Taproom, to which Economic & Community Development Director Westervelt advised they are waiting for an approval from the Alcohol Beverage Control.

Recreation Manager Vitorino updated on the success of the recent National Night Out/Back to School Night event. She thanked all sponsors. She informed Council she is waiting for estimates for additional Goman improvements. She advised of schedule of the final days of the pool season. She updated on the Halloween Trunk or Treat event theme.

Administrative Services Director Correa advised on behalf of the Finance department, that the contracted Accountant had vacated his position. She reminded Council of Mid-Valley Disposal's additional services for senior citizens and dependent adults, and reminded everyone of the upcoming collection event. She advised the Project Manager has completed the CalVIP grant quarterly reporting.

Administrative Services Director Correa also updated that the City will be hosting the January 2023 City/County Dinner. She asked that suggestions for a speaker or entertainment be provided to her. She advised that the City would be hosting a training for AB1825 on October 6'h at the Goman Center. She reminded Council the City Manager recruitment closes on August 29m. She advised the City is still looking for a Finance Director. She informed Council the Elections department will deliver the voting ballots drop box between October 6th and 7th.

Council member Brazil inquired on the difficulty in finding a Finance Director, to which Administrative Services Director Correa advised that many Cities are experiencing the same vacancy and struggles with filling any position.

CITY MANAGER REPORT
Interim City Manager Kilger advised that he had nothing to report.

Council member Brazil inquired on the status of the roundabout at Grove and Sullivan, to which Interim City Manager Kilger advised that the City Council previously gave policy direction to add the roundabout to the Southeast Gustine Master Plan Circulation Plan, however, it has never been formally adopted.

CITY COUNCIL REPORTS
Council member Bonta advised that he had nothing to report.

Council member Ford updated on his zoom meeting with Mid-Valley Disposal. He advised that Mid-Valley Disposal suggested a Town Hall meeting with all of the City businesses. He distributed a CaRecycles printout. He informed Council of a low- population waiver from SB1383 mandates. He suggested to add language from the printout to the City ordinance.

Interim City Manager Kilger thanked Council member Ford for meeting with Mid-Valley Disposal and City staff. He also asked Council to send any questions to staff to get issues resolved. He informed Council he is looking for a cooperative partnership with Mid- Valley Disposal.

Council member Brazil inquired if California is the only State that has the SB1383 requirement, to which Attorney Associate Branham answered yes.

Council member Brazil inquired on the Dollar General/CalRecycle issue, to which Interim City Manager Kilger advised he would check the details and get back to Council.

Mayor Pro Tem Alexander advised that he had nothing to report.

Mayor Nagy reiterated that the City and Mid-Valley Disposal must have a cooperative partnership. He informed Council of the Merced County Association Governments agenda for Thursday and how most of the material revolves around SB1383. He advised of the City's burden to import mulch according to the legislature.

CLOSED SESSION PUBLIC COMMENT
There was no public comment.

CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6 Agency Negotiator: Interim City Manager: Employee organization: City of Gustine Public Works Association
After returning to open session, it was reported that there was no reportable action from closed session.

ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:47 P.M.

City of Gustine, CA Warrant List

THAT HIT PARDO
By Vendor Name
Post Dates 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: 209 MULTIMEDIA CORPORATION
209 MULTIMEDIA CORPORA.. 317691 09/06/2022 PUBLIC HEARING 7/27/22 PC 88.00 209 MULTIMEDIA CORPORA..317692 09/06/2022 PUBLIC HEARING 48.00

WITCHCRAFT UP
209 MULTIMEDIA CORPORA...317693 09/06/2022 NOTICE OF ELECTION 2022 64.00 209 MULTIMEDIA CORPORA...317694 09/06/2022 BID NOTICE - SOIL REMOVAL 256.00 Vendor 209 MULTIMEDIA CORPORATION Total: 456.00
Vendor: A PLUS PLUMBING, LLC
A PLUS PLUMBING, LLC 20147 09/06/2022 EMERGENCY WATER MAIN 1,037.50

REPAIR WORKED WITH CITY
STAFF
Vendor A PLUS PLUMBING, LLC Total: 1,037.50
Vendor: ACE HARDWARE OF GUSTINE
ACE HARDWARE OF GUSTINE 518888 09/06/2022 PW WATER WELL #7 2.80

SUPPLIES- NUTS, BOLTS,

WASHERS
ACE HARDWARE OF GUSTINE 519032 09/06/2022 PW MISC SUPPLIES- BAIT 37.60

MOUSE TRAPS, KEY
ACE HARDWARE OF GUSTINE 519076 09/06/2022 PW TRUE-FUEL 4-CYCLE & 90.90 50:1 MIX
ACE HARDWARE OF GUSTINE 519083 09/06/2022 PW WWTP TOOLS. CUT OFF 23.77 WHEELS
ACE HARDWARE OF GUSTINE 519450 09/06/2022 PW DEPT OPP SUPPLIES- 31.77

WATER LEAK REPAIR PARTS
ACE HARDWARE OF GUSTINE 519491 09/06/2022 MAGNET STICK TO PICK UP 28.13

NAILS ON STREET
ACE HARDWARE OF GUSTINE 519493 09/06/2022 PW MISC SUPPLIES- INSECT 19.46

KILLER, PAD LOCK
ACE HARDWARE OF GUSTINE 519494 09/06/2022 PW MISC SUPPLIES- INSECT 21.64

KILLER, FOGGING SPRAY
ACE HARDWARE OF GUSTINE 519635 09/06/2022 PW DEPT OPP SUPPLIES- 6.26

WATER METER REPAIR
PARTS,
ACE HARDWARE OF GUSTINE 519639 09/06/2022 PW DEPT OPP SUPPLIES- 15.77

WATER METER REPAIR
PARTS
ACE HARDWARE OF GUSTINE 519649 09/06/2022 PW DEPT OPP SUPPLIES- 43.26

WATER METER REPAIR
PARTS
ACE HARDWARE OF GUSTINE 519979 09/06/2022 SUPPLIES FOR BANNERS ON 21.64

MAIN STREET
ACE HARDWARE OF GUSTINE 519981 09/06/2022 PW MISC SUPPLIES- LID FOR 12.96 PAIL
ACE HARDWARE OF GUSTINE 520062 09/06/2022 PW DEPT OPP SUPPLIES- 29.38 WIRE
ACE HARDWARE OF GUSTINE 520067 09/06/2022 DIATOMACEOUS EARTH 4LB 12.98 ACE HARDWARE OF GUSTINE 520097 09/06/2022 PW DEPT OPP SUPPLIES- 26.54

SPRINKLER REPAIR PARTS
9/1/2022 10:15:05 AM
Page l of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount ACE HARDWARE OF USTINE 520147 09/06/2022 PW DEPT OPP SUPPLIES- 15.07

WASHERS, SCREWS, NUTS,
BOLTS
ACE HARDWARE OF GUSTINE 520317 09/06/2022 PW DEPT OPP SUPPLIES- 38.96

WASHERS, SCREWS, NUTS,
BOLTS
ACE HARDWARE OF USTINE 520318 09/06/2022 PW MISC SUPPLIES- INSECT 7.13 KILLER
ACE HARDWARE OF GUSTINE 520831 09/06/2022 PD REMOTE K9 CHARGER 10.80 Vendor ACE HARDWARE OF USTINE Total: 496.82
Vendor: AIRNAV LLC
AIRNAV LLC 2021725 09/06/2022 AIRPORT ONLINE FUEL 149.00

LISTING SERVICES AUGUST
22-23
Vendor AIRNAV LLC Total: 149.00
Vendor: ALHAMBRA & SIERRA SPRINGS
ALHAMBRA & SIERRA SPRI... 12652410 081922 09/06/2022 DINKING WATER ALL DEPTS 5.31 08/03/22 - 08/17/22
ALHAMBRA & SIERRA SPRI... 12652410 081922 09/06/2022 DRINKING WATER ALL DEPTS 5.31 08/03/22 -08/17/22
ALHAMBRA & SIERRA SPRI... 12652410 081922 09/06/2022 DINKING WATER ALL DEPTS 26.54 08/03/22 - 08/17/22
ALHAMBRA & SIERRA SPRI.. 12652410 081922 09/06/2022 DRINKING WATER ALL DEPTS 7.96 08/03/22 - 08/17/22
ALHAMBRA & SIERRA SPRI... 12652410 081922 09/06/2022 DINKING WATER ALL DEPTS 7.96 08/03/22 - 08/17/22
ALHAMBRA & SIERRA SPRI... 12652410 081922 09/06/2022 DRINKING WATER ALL DEPTS 5.31 08/03/22 - 08/17/22
ALHAMBRA & SIERRA SPRI... 12652410 081922 09/06/2022 DRINKING WATER ALL DEPTS 7.96 08/03/22 - 08/17/22
ALHAMBRA & SIERRA SPRI... 12652410 081922 09/06/2022 DINKING WATER ALL DEPTS 39.81 08/03/22 - 08/17/22
ALHAMBRA & SIERRA SPR... 12652410 081922 09/06/2022 DRINKING WATER ALL DEPTS 53.08 08/03/22 - 08/17/22
ALHAMBRA & SIERRA SPRI... 12652410 081922 09/06/2022 DINKING WATER ALL DEPTS 53.07 08/03/22 - 08/17/22
ALHAMBRA & SIERRA SPRI... 12652410 081922 09/06/2022 DRINKING WATER ALL DEPTS 53.08 08/03/22 - 08/17/22
Vendor ALHAMBRA & SIERRA SPRINGS Total: 265.39
Vendor: AMAZON CAPITAL SERVICES, INC.

AMAZON CAPITAL SERVICES,.. 13R9-TYPG-CXXM 09/06/2022 PD OFFICE SUPPLIES - CHAIRS 2,667.14 AMAZON CAPITAL SERVICES,..1GL6-HHF6-4G3Q 09/06/2022 REC COVID/SAFETY SUPPLIES -15.14 AMAZON CAPITAL SERVICES,..1HHC-4MWV-R3C3 09/06/2022 PD OFFICE SUPPLIES - USB 67.09 FOR PC
Vendor AMAZON CAPITAL SERVICES, INC. Total: 2,719.09
Vendor: ARAMARK UNIFORM SERVICES INC
ARAMARK UNIFORM SERVI.. 5040031777 09/06/2022 PW DEPT OPP SUPPLIES- 4.41

MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040031777 09/06/2022 PW DEPT OPP SUPPLIES- 3.53

MASKS, TOWELS, MOPS,
MATS
9/1/2022 10:15:05 AM Page 2 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount ARAMARK UNIFORM SERVI... 5040031777 09/06/2022 PW DEPT OPP SUPPLIES- 9.70

MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040031777 09/06/2022 PW DEPT OPP SUPPLIES- 11.75

MASKS, TOWELS, MOPS
MATS
ARAMARK UNIFORM SERVI... 5040034304 09/06/2022 PW DEPT OPP SUPPLIES- 23.16

MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040034304 09/06/2022 PW DEPT OPP SUPPLIES- 18.53

MASKS, TOWELS, MOPS,
MATS
ARAMARK UNIFORM SERVI... 5040034304 09/06/2022 PW DEPT OPP SUPPLIES- 50.95

MASKS, TOWELS, MOPS
MATS
ARAMARK UNIFORM SERVI... 5040034304 09/06/2022 PW DEPT OPP SUPPLIES- 61.75

MASKS, TOWELS, MOPS,
MATS
Vendor ARAMARK UNIFORM SERVICES INC Total: 183.78
Vendor: ARAMARK UNIFORM SERVICES
ARAMARK UNIFORM SERVI.... 2580052291 09/06/2022 FD CUSTODIAL SUPPLIES 143.97 Vendor ARAMARK UNIFORM SERVICES Total: 143.97
Vendor: ASCENT AVIATION GROUP
ASCENT AVIATION GROUP 866737 09/06/2022 AIRPORT AVIATION FUEL 44,529.04 Vendor ASCENT AVIATION GROUP Total: 44,529.04
Vendor: AT&T CALNET 3
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 2.08 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 2.08 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 2.08 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 2.08 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 416.18 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 2.08 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 2.08 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 2.08 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 8.32 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 8.32 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 8.32 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 145.66 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 145.66 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 83.24 07/10/2022 - 08/09/2022
AT&T CALNET 3 000018622996 09/06/2022 TELEPHONE SERVICE 2.09 07/10/2022 - 08/09/2022
9/1/2022 10:15:05 AM Page 3 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.22 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.22 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.22 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.22 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 44.78 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.22 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.22 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.22 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.90 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.90 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.90 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 15.67 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 15.67 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 8.96 07/17/22 - 08/16/22
AT&T CALNET 3 000018651188 09/06/2022 TELEPHONE SERVICE 0.23 07/17/22-08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 0.25 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 0.25 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 0.25 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 0.25 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 50.38 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 0.25 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 0.25 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 0.25 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 1.01 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 1.01 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 1.01 07/17/22 - 08/16/22
AT&T CALET 3 000018651191 09/06/2022 TELEPHONE SERVICE 17.63 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 17.63 07/17/22 - 08/16/22
9/1/2022 10:15:05 AM Page 1 of 25
Warrant List Post Dates: 08172022 -09062022
Vendor Name Payable Number Post Date Description (Item) Amount AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 10.08 07/17/22 - 08/16/22
AT&T CALNET 3 000018651191 09/06/2022 TELEPHONE SERVICE 0.26 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.07 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.07 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.07 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.07 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 13.02 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.07 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.07 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.07 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.26 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.26 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.26 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 4.56 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 4.56 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 2.60 07/17/22 - 08/16/22
AT&T CALNET 3 000018651193 09/06/2022 TELEPHONE SERVICE 0.02 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.06 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.06 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.06 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.06 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 12.18 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.06 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.06 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.06 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.24 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.24 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.24 07/17/22 - 08/16/22
9/1/2022 10:15:05 AM Page 5 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 4.26 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 4.26 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 2.44 07/17/22 - 08/16/22
AT&T CALNET 3 000018651194 09/06/2022 TELEPHONE SERVICE 0.08 07/17/22 - 08/16/22
Vendor AT&T CALNET 3 Total: 1,073.05
Vendor: BADGER METER INC.

BADGER METER INC. 80102838 09/06/2022 WATER METER MONTHLY 1,635.82 SUBSCRIPTION JULY 2022
Vendor BADGER METER INC. Total: 1,635.82
Vendor: BARBARA B. PARKIN
BARBARA B. PARKIN YOGA SESSION 08/09/2022 09/06/2022 YOGA SESSION 17 310.00 PARTICIPANTS JULY 12 - AUG
82022
Vendor BARBARA B. PARKIN Total: 310.00
Vendor: BEST BEST & KRIEGER
BEST BEST & KRIEGER 942715 09/06/2022 ATTY SVCS - TIP TOP FARMS 2,205.00 JULY 2022
BEST BEST & KRIEGER 942716 09/06/2022 ATTY SVES - NON PROFIT 186.50 CORPORATION JULY 2022
BEST BEST & KRIEGER 942717 09/06/2022 ATTY SVCS - GENERAL LABOR 373.00 JULY 2022
BEST BEST & KRIEGER 942718 09/06/2022 ATTY SVCS - REIMB 5,034.00

PLANNING KATAKIS JULY
2022
BEST BEST & KRIEGER 942719 09/06/2022 ATTY SVCS - FLAVOR FARMS 2,680.50 JULY 2022
BEST BEST & KRIEGER 942720 09/06/2022 ATTY SVCS - SOLID WASTE 410.30 FRANCHISE JULY 2022
BEST BEST & KRIEGER 942721 09/06/2022 ATTY SVCS - PETERS 475.30

PROPERTY ACQUISITION
JULY 2022
BEST BEST & KRIEGER 942722 09/06/2022 ATTY SVCS - CSPA V 2,737.49

INTERESTED PARTIES JULY
2022
BEST BEST & KRIEGER 942723 09/06/2022 ATTY SVCS - GENERAL 8,500.00 RETAINER JULY 2022
BEST BEST & KRIEGER 942724 09/06/2022 ATTY SVCS - RASMUSSEN 695.50 VISMS JULY 2022
BEST BEST & KRIEGER 942724 09/06/2022 ATTY SVCS - RASMUSSEN 695.50 VISMS JULY 2022
Vendor BEST BEST & KRIEGER Total: 23,993.09
Vendor: BRAD KILGER
BRAD KILGER 08/04/22 REIMB BK 09/06/2022 INTERIM CITY MANAGER 387.05 MILEAGE REIMB JULY 2022
Vendor BRAD KILGER Total: 387.05
Vendor: CALIFORNIA BUILDING STANDARDS COMMI
CALIFORNIA BUILDING STA... QTR APR - JUN 2022 09/06/2022 SB 1473 FEE QTR APR - JUN 127.80 2022
Vendor CALIFORNIA BUILDING STANDARDS COMMI Total: 127.80 9/1/2022 10:15:05 AM Page 6 of 25
Warrant List Post Dates: 0B172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: CALIFORNIA POLICE CHIEF'S ASSOC.

CALIFORNIA POLICE CHIEF'S... 22154 09/06/2022 PD CALIFORNIA CHIEFS 348.00 MEMBERSHIP THR JUNE 30,
2023
Vendor CALIFORNIA POLICE CHIEF'S ASSOC. Total: 348.00
Vendor: CAPITOL ADVOCACY PARTNERS
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 49.20 GRANT WRITING JULY 2022
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 49.20 GRANT WRITING JULY 2022
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 246.00 GRANT WRITING JULY 2022
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 73.80 GRANT WRITING JULY 2022
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 73.80 GRANT WRITING JULY 2022
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 49.20 GRANT WRITING JULY 2022
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 73.80 GRANT WRITING JULY 2022
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 369.00 GRANT WRITING JULY 2022
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 492.00 GRANT WRITING JULY 2022
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 492.00 GRANT WRITING JULY 2022
CAPITOL ADVOCACY PARTN... 2022CAP120 09/06/2022 FEDERAL ADVOCACY & 492.00 GRANT WRITING JULY 2022
Vendor CAPITOL ADVOCACY PARTNERS Total: 2,460.00
Vendor: CENTRAL SANITARY SUPPLY
CENTRAL SANITARY SUPPLY 1257840 09/06/2022 BUILDING OPERATING 27.99

SUPPLIES
CENTRAL SANITARY SUPPLY 1261013 09/06/2022 BUILDING OPERATING 984.39

SUPPLIES
CENTRAL SANITARY SUPPLY 1261027 09/06/2022 BUILDING OPERATING 44.60

SUPPLIES
Vendor CENTRAL SANITARY SUPPLY Total: 1,056.98
Vendor: CHRISTINA NAVARRO
CHRISTINA NAVARRO 08/16/2022 09/06/2022 REC - LIFEGUARD 125.00

CERTIFICATE COURSE REIMB
Vendor CHRISTINA NAVARRO Total: 125.00
Vendor: CINTAS CORPORATION #3
CINTAS CORPORATION #3 4127859344 09/06/2022 PW UNIFORM ALLOWANCE / 9.76

CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4127859344 09/06/2022 PW UNIFORM ALLOWANCE / 18.16

CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4127859344 09/06/2022 PW UNIFORM ALLOWANCE / 5.86

CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4127859344 09/06/2022 PW UNIFORM ALLOWANCE / 12.50

CUSTODIAL SUPPLIES
9/1/2022 10:15:05 AM Page 7 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount CINTAS CORPORATION #3 4127859344 09/06/2022 PW UNIFORM ALLOWANCE / 15.40

CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4127859344 09/06/2022 PW UNIFORM ALLOWANCE / 34.06

CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4127859344 09/06/2022 PW UNIFORM ALLOWANCE / 51.43

CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4127859344 09/06/2022 PW UNIFORM ALLOWANCE / 37.95

CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4127859344 09/06/2022 PW UNIFORM ALLOWANCE / 82.68

CUSTODIAL SUPPLIES
CINTAS CORPORATION #3 4127859344 09/06/2022 PW UNIFORM ALLOWANCE / 19.53

CUSTODIAL SUPPLIES
Vendor CINTAS CORPORATION #3 Total: 287.33
Vendor: COOL TREATS INC.

COOL TREATS INC. 10029145 09/06/2022 REC - POOL CONCESSIONS 100.76

ICE CREAM
Vendor COOL TREATS INC. Total: 100.76
Vendor: COOPER CONTROLS
COOPER CONTROLS 105265 09/06/2022 YEARLY CALIBRATION FOR 2,738.64

WWTP FLOW METERS
Vendor COOPER CONTROLS Total: 2,738.64
Vendor: CRIVELL'S SHIRTS & MORE
CRIVELLI'S SHIRTS & MORE 46787 09/06/2022 REC - ADULT SOFTBALL T- 599.61 SHIRTS
Vendor CRIVELL'S SHIRTS & MORE Total: 599.61
Vendor: CSG CONSULTING - PRECISION
CSG CONSULTING - PRECISI... 45453 09/06/2022 PLANNING SERVICES 367.50 07/06/22-07/29/2022
CSG CONSULTING - PRECIS... 45453 09/06/2022 PLANNING SERVICES 294.00 07/06/22-07/29/2022
CSG CONSULTING - PRECISI... 45634 09/06/2022 IN HOUSE BUILDING 6,502.00 SERVICES 07/05/2022 -
07/29/2022
CSG CONSULTING - PRECISI... B221403 09/06/2022 PLANNING SERVICES 2022- 88.00 018 & 2022-147
CSG CONSULTING - PRECISI... B221403 09/06/2022 PLANNING SERVICES 2022- 176.00 018 & 2022-147
CSG CONSULTING - PRECISI... F220552 09/06/2022 FIRE PLAN REVIEW SERVICES 294.00 #2022-115
Vendor CSG CONSULTING - PRECISION Total: 7,721.50
Vendor: DANIEL GOMES
DANIEL GOMES 08/16/2022 09/06/2022 REC - LIFEGUARD 125.00

CERTIFICATE COURSE REIMB
Vendor DANIEL GOMES Total: 125.00
Vendor: DEPT OF CONSERVATION
DEPT OF CONSERVATION QTR APR - JUN 2022 09/06/2022 PLANNING DEPT SEISMIC FEE 518.56 QTR APR - JUN 2022
Vendor DEPT OF CONSERVATION Total: 518.56
9/1/2022 10:15:05 AM Page 8 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: DOM SOLAR LESSOR I, LP
DOM SOLAR LESSOR I, LP 25499128 09/06/2022 WWTP ELECTRICAL 10,473.66 07/01/22 - 07/31/22
Vendor DOM SOLAR LESSOR I, LP Total: 10,473.66
Vendor: E & M ELECTRIC, INC
E & M ELECTRIC, INC 3351 09/06/2022 ADDED SUMP PUMP TO 1,182.24

LINDEN LIFT STATION
Vendor E & M ELECTRIC, INC Total: 1,182.24
Vendor: ELITE UNIFORMS
ELITE UNIFORMS XF1265 09/06/2022 PD TWO BALLISTIC VESTS 2,273.25 Vendor ELITE UNIFORMS Total: 2,273.25
Vendor: FAR WEST LABORATORIES, INC.

FAR WEST LABORATORIES, I... 103734 09/06/2022 DRINKING WATER LAB 869.00

SAMPLES
Vendor FAR WEST LABORATORIES, INC. Total: 869.00
Vendor: FERGUSON ENTERPRISES INC
FERGUSON ENTERPRISES INC 1730890 09/06/2022 PVC BLUE PIPE GLUE FOR 287.94

PARKS & WATER
FERGUSON ENTERPRISES INC 1730890 09/06/2022 PVC BLUE PIPE GLUE FOR 287.94

PARKS & WATER
FERGUSON ENTERPRISES INC 1731968 09/06/2022 WRAP CLAMP FOR WATER 602.84 DEPT
Vendor FERGUSON ENTERPRISES INC Total: 1,178.72
Vendor: FOSTER'S PUMPS INC.

FOSTER'S PUMPS INC. 22527 09/06/2022 SEWER LIFT STATION 1,632.32

ELECTRICAL MOTOR REBUILT
Vendor FOSTER'S PUMPS INC. Total: 1,632.32
Vendor: GARTON TRACTOR INC.

GARTON TRACTOR INC. NS66499 09/06/2022 REPLACED CLUTCH ON 4,516.05

TRACTOR USED AT WASTE
WATER
Vendor GARTON TRACTOR INC. Total: 4,516.05
Vendor: GOUVEIA ENGINEERING INC
GOUVEIA ENGINEERING INC 13464 09/06/2022 MISCELLANEOUS MEETING 551.25 JULY 2022
GOUVEIA ENGINEERING INC 13466 09/06/2022 KATAKIS DEVELOPMENT JULY 630.00 2022
GOUVEIA ENGINEERING INC 13469 09/06/2022 PAR AT THE HENRY MILLER 2,961.00 GOUVEIA ENGINEERING INC 13470 09/06/2022 INFRASTRUCTURE MAP 23,160.38 UPDATE JULY 2022
GOUVEIA ENGINEERING INC 13471 09/06/2022 WASTE WATER TREATMENT 3,841.25

FACILITY IMPROVEMENTS
GOUVEIA ENGINEERING INC 13472 09/06/2022 WWTP OPERATOR 14,080.50 GOUVEIA ENGINEERING INC 13473 09/06/2022 VIDEO CONFERENCE WITH 78.75 STAFF
GOUVEIA ENGINEERING INC 13474 09/06/2022 CREATE WATER HYDRANT 1,985.81

REPLACEMENT MAP
GOUVEIA ENGINEERING INC 13475 09/06/2022 STREET GENERAL PROJECT 374.06 EXP JULY 2022
GOUVEIA ENGINEERING INC 13476 09/06/2022 ROUNDABOUT SR 140/33 168.62 JULY 2022
9/1/2022 10:15:05 AM Page 9 or 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount GOUVEIA ENGINEERING INC 13476 09/06/2022 ROUNDABOUT SR 140/33 21.85 JULY 2022
GOUVEIA ENGINEERING INC 13477 09/06/2022 SOIL REMOVAL & DISPOSAL 4,476.94 JULY 2022
GOUVEIA ENGINEERING INC 13478 09/06/2022 ROUNDABOUT 5ST - 4AVE 1,949.94 JULY 2022
GOUVEIA ENGINEERING INC 13478 09/06/2022 ROUNDABOUT 5ST - 4AVE 252.64 JULY 2022
GOUVEIA ENGINEERING INC 13479 09/06/2022 PED IMPR NORTH AVE JULY 3,132.08 2022
GOUVEIA ENGINEERING INC 13479 09/06/2022 PED IMPRV NORTH AVE JULY 405.79 2022
GOUVEIA ENGINEERING INC 13480 09/06/2022 IMPROVEMENTS 3RD, E & SO 552.79 JULY 2022
GOUVEIA ENGINEERING INC 13480 09/06/2022 IMPROVEMENTS 3RD, E & SO 71.62 JULY 2022
GOUVEIA ENGINEERING INC 13481 09/06/2022 PHIlI MULTIUSE PATH JULY 56.35 2022
GOUVEIA ENGINEERING INC 13481 09/06/2022 PH III MULTIUSE PATH JULY 7.30 2022
GOUVEIA ENGINEERING INC 13482 09/06/2022 SCHMIDT PARK 110.25

PLAYGROUND ADA PATH
JULY 2022
GOUVEIA ENGINEERING INC 13483 09/06/2022 FAMILY DOLLAR CON 858.38 OBSERVATION JULY 2022
GOUVEIA ENGINEERING INC 13484 09/06/2022 FAMILY DOLLAR 967.31

IMPROVEMENTS PLANS JULY
2022
GOUVEIA ENGINEERING INC 13485 09/06/2022 CITY WIDE ASSESSMENT 275.63 DISTRICT JULY 2022
GOUVEIA ENGINEERING INC 13486 09/06/2022 SOUTHPORT ASSESSMENT 82,69 DISTRICT JULY 2022
GOUVEIA ENGINEERING INC 13487 09/06/2022 BORRELLI ASSESSMENT 110.25 DISTRICT JULY 2022
Vendor GOUVEIA ENGINEERING INC Total: 61,163.43
Vendor: GUSTINE DEPOT GARAGE, LLC
GUSTINE DEPOT GARAGE, L... 0029730 09/06/2022 PD TOYOTA PRIUS OIL 61.58 CHANGE
GUSTINE DEPOT GARAGE, L... 0029875 09/06/2022 PD TOYOTA PRIUS OIL 87.75

CHANGE & AIR FILTER
GUSTINE DEPOT GARAGE, L... 0029876 09/06/2022 PD#133 REPAIR TIRE VEHICLE 20.00 Vendor GUSTINE DEPOT GARAGE, LLC Total: 169.33
Vendor: GUSTINE SMOG STATION, LLC
GUSTINE SMOG STATION, L... 7321 09/06/2022 PW #1067 SMOG 5.51

INSPECTION STATE

REQUIREMENT
GUSTINE SMOG STATION, L... 7321 09/06/2022 PW #1067 SMOG 4.41

INSPECTION STATE

REQUIREMENT
GUSTINE SMOG STATION, L... 7321 09/06/2022 PW #1067 SMOG 12.13

INSPECTION STATE

REQUIREMENT
GUSTINE SMOG STATION, L... 7321 09/06/2022 PW #1067 SMOG 14.70

INSPECTION STATE

REQUIREMENT
9/1/2022 10:15:05 AM Page 10 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount GUSTINE SMOG STATION, L... 7324 09/06/2022 PW #1014 SMOG 5.51

INSPECTION STATE

REQUIREMENT
GUSTINE SMOG STATION, L... 7324 09/06/2022 PW #1014 SMOG 4.41

INSPECTION STATE

REQUIREMENT
GUSTINE SMOG STATION, L... 7324 09/06/2022 PW #1014 SMOG 12.13

INSPECTION STATE

REQUIREMENT
GUSTINE SMOG STATION, L... 7324 09/06/2022 PW #1014 SMOG 14.70

INSPECTION STATE

REQUIREMENT
GUSTINE SMOG STATION, L... 7330 09/06/2022 PD SMOG CHECK FOR GMC - 36.75 SIERRA
GUSTINE SMOG STATION, L... 7429 09/06/2022 PD #501 SMOG INSPECTION 36.75 Vendor GUSTINE SMOG STATION, LLC Total: 147.00
Vendor: HALYCON CREEK INC. (DBA MID VALLEY I.T.)
HALYCON CREEK INC. (DBA... 202141009 09/06/2022 MONTHLY IT PD AUGUST 2,308.24 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY I.T CITY HALL 16.37 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY I.T CITY HALL 16.37 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY I.T CITY HALL 8.18 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY I.T CITY HALL 16.37 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY I.T CITY HALL 16.37 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY I.T CITY HALL 16.37 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY I.T CITY HALL 8.18 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY. CITY HALL 16.37 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY IT CITY HALL 32.73 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY IT CITY HALL 32.73 AUGUST 2022
HALYCON CREEK INC. (DBA. 202141024 09/06/2022 MONTHLY IT CITY HALL 32.73 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY I.T CITY HALL 540.06 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY IT CITY HALL 556.43 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141024 09/06/2022 MONTHLY I.T CITY HALL 327.30 AUGUST 2022
HALYCON CREEK INC. (DBA... 202141149 09/06/2022 MONTHLY I.T PD SEPT 2022 2,308.24 HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 16.37 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 16.37 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 8.18 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 16.37 2022
9/1/2022 10:15:05 AM Page 11 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY IT CITY HALL SEPT 16.37 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY IT CITY HALL SEPT 16.37 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 8.18 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 16.37 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 32.73 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 32.73 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 32.73 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 540.06 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY IT CITY HALL SEPT 556.43 2022
HALYCON CREEK INC. (DBA... 202141164 09/06/2022 MONTHLY I.T CITY HALL SEPT 327.30 2022
Vendor HALYCON CREEK INC. (DBA MID VALLEY I.T.) Total: 7,889.60 Vendor: IEH-JL ANALYTICAL
IEH-JL ANALYTICAL 571646 09/06/2022 WWTP WATER SAMPLES 2,077.50 7/5/2022
IEH-JL ANALYTICAL 571654 09/06/2022 WWTP WATER SAMPLES 7/5, 2,486.50 7/7, 7/14, 7/21-2022
Vendor IEH-IL ANALYTICAL Total: 4,564.00
Vendor: JACK BERRY
JACK BERRY 1003 09/06/2022 EMERGENCY CALL OUT FOR 285.00

UFD ISSUE AT WWTP
JACK BERRY INVO566 09/06/2022 CLEANED ALL BUSES 1,200.00

CONNECTION PANEL
Vendor JACK BERRY Total: 1,485.00
Vendor: KEENAN & ASSOCIATES
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 207.52 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 1,341.85 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 215.65 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 9,362.14 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 770.19 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 124.51 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 1,198.08 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 693.17 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 111.25 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 761.64 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 166.02 SEPTEMBER 2022
9/1/2022 10:15:05 AM Page 12 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 1,574.62 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 575.08 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 85.58 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 718.85 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 HEALTH INSURANCE 166.02 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 95.85 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 HEALTH INSURANCE 530.58 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 41.50 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 191.69 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 HEALTH INSURANCE 121,52 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 1,494.18 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 958.46 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 256.73 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 431.31 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 359.42 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 2,327.70 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 1,452.67 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 1,198.08 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 299.52 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 407.35 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 HEALTH INSURANCE 119.81 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 HEALTH INSURANCE 2,663.16 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 HEALTH INSURANCE 415.05 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 143.77 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 42.79 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 HEALTH INSURANCE 451.85 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 HEALTH INSURANCE 83.01 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 239.62 SEPTEMBER 2022
9/1/2022 10:15:05 AM Page 13 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 47.92 SEPTEMBER 2022.

KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 82.15 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 718.85 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 855.77 SEPTEMBER 2022
KEENAN & ASSOCIATES SEPTEMBER 2022 08/23/2022 HEALTH INSURANCE 2,396.16 SEPTEMBER 2022
Vendor KEENAN & ASSOCIATES Total: 36,498.64
Vendor: KEITH FAULDER
KEITH FAULDER SEPTEMBER 2022 09/06/2022 LEASE AGREEMENT 133.32 SEPTEMBER 2022
KEITH FAULDER SEPTEMBER 2022 09/06/2022 LEASE AGREEMENT 133.36 SEPTEMBER 2022
KEITH FAULDER SEPTEMBER 2022 09/06/2022 LEASE AGREEMENT 133.32 SEPTEMBER 2022
Vendor KEITH FAULDER Total: 400.00
Vendor: KYLA GONZALEZ
KYLA GONZALEZ 08/16/2022 09/06/2022 REC - LIFEGUARD 125.00

CERTIFICATE COURSE REIMB
Vendor KYLA GONZALEZ Total: 125.00
Vendor: LANG COMPANIES INCORPORATED
LANG COMPANIES INCORP... 390 09/06/2022 SAFETY KIDS PATH TO 9,975.00

SCHOOL - CROSSWALK LINES,
SIGN
LANG COMPANIES INCORP... 391 09/06/2022 SAFETY KIDS PATH FOR 9,479.00

SCHOOL - CROSSWALK, STOP
SIGN
LANG COMPANIES INCORP... 392 09/06/2022 SAFETY KIDS PATH TO 2,947.00

SCHOOL - STOP BARS AND
SIGNS
Vendor LANG COMPANIES INCORPORATED Total: 22,401.00
Vendor: LEILANI AGUILERA
LEILANI AGUILERA 08/16/2022 09/06/2022 REC - LIFEGUARD 125.00

CERTIFICATE COURSE REIMB
Vendor LEILANI AGUILERA Total: 125.00
Vendor: MADERA UNIFORM & ACCESSORIES, LLC
MADERA UNIFORM & ACCE... 250755 09/06/2022 PD VOLUNTEER CAP 54.02 Vendor MADERA UNIFORM & ACCESSORIES, LLC Total: 54.02
Vendor: MARY JANE HARO
MARY JANE HARO 08/16/2022 09/06/2022 REC - LIFEGUARD 125.00

CERTIFICATE COURSE REIMB
Vendor MARY JANE HARO Total: 125.00
Vendor: MARYANN VIERRA
MARYANN VIERRA SEPTEMBER 2022 09/06/2022 LOAN PAYMENT SEPTEMBER 805.61 2022
MARYANN VIERRA SEPTEMBER 2022 09/06/2022 LOAN PAYMENT SEPTEMBER 473.52 2022
MARYANN VIERRA SEPTEMBER 2022 09/06/2022 LOAN PAYMENT SEPTEMBER 805.61 2022
9/1/2022 10:15:05 AM Page 14 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount MARYANN VIERRA SEPTEMBER 2022 09/06/2022 LOAN PAYMENT SEPTEMBER 473.51 2022
Vendor MARYANN VIERRA Total: 2,558.25
Vendor: MID VALLEY AGRICULTURAL SERV. INC
MID VALLEY AGRICULTURAL... 1838350-2 09/06/2022 SPRAY FOR WEEDS FOR 63.00 WWTP
Vendor MID VALLEY AGRICULTURAL SERV. INC Total: 63.00
Vendor: MID-VALLEY DISPOSAL LLC
MID-VALLEY DISPOSAL LLC AUGUST 2022 09/06/2022 REFUSE SERVICES FOR 61,723.03 07/26/2022 - 08/23/2022
Vendor MID-VALLEY DISPOSAL LLC Total: 61,723.03
Vendor: MODERN WILDLIFE SOLUTIONS
MODERN WILDLIFE SOLUTI... 9005 09/06/2022 GOPHER ABATEMENT AT 300.00 SCHMIDT PARK JULY 2022
Vendor MODERN WILDLIFE SOLUTIONS Total: 300.00
Vendor: NEWMAN CITY TOW
NEWMAN CITY TOW 21795 09/06/2022 PD CSO TRUCK TOW 240.00 Vendor NEWMAN CITY TOW Total: 240.00
Vendor: NORMAC
NORMAC 0007392380-001 09/06/2022 PW DEPT OPP SUPPLIES- 591.04

SPRINKLER PARTS
NORMAC 0007405767-002 09/06/2022 PW DEPT OPP SUPPLIES- 860.90

SPRINKLER PARTS
NORMAC 0007405767-003 09/06/2022 SPRINKLER PARTS FOR PARKS 285.20 NORMAC 0007503551-001 09/06/2022 ROUND UP FOR HERBACIDE 401.34

SPRINKLER PARTS FOR
REPAIR
NORMAC 0007503551-001 09/06/2022 ROUND UP FOR HERBACIDE 133.78

SPRINKLER PARTS FOR
REPAIR
Vendor NORMAC Total: 2,272.26
Vendor: O'REILLY AUTO ENTERPRISES, LLC
O'REILLY AUTO ENTERPRISES. 5718-307113 09/06/2022 BUCKET FOR EXTRA FUEL 25.95

WHEN DELIVERED TO

AIRPORT
O'REILLY AUTO ENTERPRISES. 5718-307114 09/06/2022 PW MISC SUPPLIES- 15.13

FUNNELS FOR AIRPORT
O'REILLY AUTO ENTERPRISES.5718-307617 09/06/2022 PD CSO TRUCK WIPER 42.30 BLADES
Vendor O'REILLY AUTO ENTERPRISES, LLC Total: 83.38
Vendor: PACIFIC STAR CHEMICAL, LLC.

PACIFIC STAR CHEMICAL, LL... 230265 09/06/2022 CHLORINE FOR DRINKING 1,598.95 WATER
PACIFIC STAR CHEMICAL, LL... 230266 09/06/2022 CHLORINE FOR DRINKING 1,039.32 WATER
PACIFIC STAR CHEMICAL, LL... 230267 09/06/2022 CHLORINE FOR DRINKING 647.58 WATER
PACIFIC STAR CHEMICAL, LL... 230269 09/06/2022 CL2 FOR SWIMMING POOL 1,678.90 Vendor PACIFIC STAR CHEMICAL, LLC. Total: 4,964.75
Vendor: POLICE OFFICERS ASSOC
POLICE OFFICERS ASSOC PR - 8/19/22 09/06/2022 PAYROLL DEDUCTIONS 420.00 Vendor POLICE OFFICERS ASSOC Total: 420.00
9/1/2022 10:15:05 AM Page 15 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: PREMIER ACCESS INSURANCE COMPANY
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 16.70 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 112.31 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 16.71 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 957.11 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 100.28 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 55.83 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 10.02 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 100.28 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 59.63 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 8.06 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 63.27 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 13.36 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 148.97 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 48.13 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 6.20 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 60.17 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 13.36 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 8.02 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 52.52 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 3.34 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 10.50 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 11.89 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 120.20 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 80.22 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 18.61 SEPTEMBER 2022
PREMIER ACCESS INSURAN.. SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 29.17 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 30.08 SEPTEMBER 2022
9/1/2022 10:15:05 AM Page 15 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 247.02 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 116.87 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 100.28 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 21.71 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 27.17 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 10.03 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 284.47 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 33.39 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 12.03 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 3.10 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 65.79 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 6.68 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 20.06 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 2.63 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 8.50 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 60.16 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 62.03 SEPTEMBER 2022
PREMIER ACCESS INSURAN... SEPTEMBER 2022 08/23/2022 DENTAL INSURANCE 200.56 SEPTEMBER 2022
Vendor PREMIER ACCESS INSURANCE COMPANY Total: 3,437.42 Vendor: PUBLIC EMP RETIREMENT SYSTEM
PUBLIC EMP RETIREMENT S... PR - 8/19/22 EE PEPRA SAFE...09/06/2022 RETIREMENT 1,703.82

CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR -8/19/22 EE PEPRA MISC 09/06/2022 RETIREMENT 1,689.74

CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR- 8/19/22 EE CLASSIC MISC 09/06/2022 RETIREMENT 1,018.50

CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 8/19/22 EE CLASSIC SA... 09/06/2022 RETIREMENT 685.11

CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 8/19/22 ER PEPRA SAFE...09/06/2022 RETIREMENT 1,674.97

CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 8/19/22 ER PEPRA MISC 09/06/2022 RETIREMENT 1,869.83

CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 8/19/22 ER CLASSIC MI... 09/06/2022 RETIREMENT 1,510.89

CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 8/19/22 ER CLASSIC SA... 09/06/2022 RETIREMENT 1,596.41

CONTRIBUTIONS
PUBLIC EMP RETIREMENT S... PR - 8/19/22 09/06/2022 WITHHOLDING-PAYMENT 76.20

SCHEDULE
9/1/2022 10:15:05 AM Page 17 of 25
Warrant List Post Dates: 0B172022-09062022
Vendor Name Payable Number Post Date Description (Item) Amount PUBLIC EMP RETIREMENT S... 100000016886333 09/06/2022 GASB68 REPORTING 56.00

SERVICES FEE, CAPERS
PUBLIC EMP RETIREMENT S... 100000016886333 09/06/2022 GASB68 REPORTING 56.00

SERVICES FEE, CALPERS
PUBLIC EMP RETIREMENT S... 100000016886333 09/06/2022 GASB68 REPORTING 42.00

SERVICES FEE, CALPERS
PUBLIC EMP RETIREMENT S... 100000016886333 09/06/2022 GASB68 REPORTING 560.00

SERVICES FEE, CALPERS
PUBLIC EMP RETIREMENT S... 100000016886333 09/06/2022 GASB68 REPORTING 560.00

SERVICES FEE, CALPERS
PUBLIC EMP RETIREMENT S... 100000016886333 09/06/2022 GASB68 REPORTING 56.00

SERVICES FEE, CALPERS
PUBLIC EMP RETIREMENT S... 100000016886333 09/06/2022 GASB68 REPORTING 70.00

SERVICES FEE, CALPERS
Vendor PUBLIC EMP RETIREMENT SYSTEM Total: 13,225.47
Vendor: RAY A. MORGAN COMPANY
RAY A. MORGAN COMPANY 3808651 09/06/2022 COPIER LEASE 08/04/2022 - 24.61 09/03/2022
RAY A. MORGAN COMPANY 3808651 09/06/2022 COPIER LEASE 08/04/2022 - 24.61 09/03/2022
RAY A. MORGAN COMPANY 3808651 09/06/2022 COPIER LEASE 08/04/2022 - 24.61 09/03/2022
RAY A. MORGAN COMPANY 3808651 09/06/2022 COPIER LEASE 08/04/2022 - 123.06 09/03/2022
RAY A. MORGAN COMPANY 3808651 09/06/2022 COPIER LEASE 08/04/2022 - 24.61 09/03/2022
RAY A. MORGAN COMPANY 3808651 09/06/2022 COPIER LEASE 08/04/2022 - 246.14 09/03/2022
RAY A. MORGAN COMPANY 3808651 09/06/2022 COPIER LEASE 08/04/2022 - 24.61 09/03/2022
RAY A. MORGAN COMPANY 3808651 09/06/2022 COPIER LEASE 08/04/2022 - 246.12 09/03/2022
RAY A. MORGAN COMPANY 3808651 09/06/2022 COPIER LEASE 08/04/2022 - 246.12 09/03/2022
RAY A. MORGAN COMPANY 3808651 09/06/2022 COPIER LEASE 08/04/2022 - 246.12 09/03/2022
Vendor RAY A. MORGAN COMPANY Total: 1,230.61
Vendor: ROBERT HALF
ROBERT HALF 60522599 09/06/2022 PT ACCOUNT TERM 8/2/2022 17.56 ROBERT HALF 60522599 09/06/2022 PT ACCOUNT TERM 8/2/2022 10.54 ROBERT HALF 60522599 09/06/2022 PT ACCOUNT TERM 8/2/2022 14.05 ROBERT HALF 60522599 09/06/2022 PT ACCOUNT TERM 8/2/2022 122.93 ROBERT HALF 60522599 09/06/2022 PT ACCOUNT TERM 8/2/2022 179.14 ROBERT HALF 60522599 09/06/2022 PT ACCOUNT TERM 8/2/2022 3.51 ROBERT HALF 60522599 09/06/2022 PT ACCOUNT TERM 8/2/2022 3.51 Vendor ROBERT HALF Total: 351.24
9/1/2022. 10:15:05 AM Page 18 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: SAN JOAQUIN VALLEY UNIFIED AIR POLL
SAN JOAQUIN VALLEY UNIFI... N152073 09/06/2022 AIRPORT ANNUAL PERMITS 113.00

TO OPERATE FUEL TANK
22/23
Vendor SAN JOAQUIN VALLEY UNIFIED AIR POLL Total: 113.00 Vendor: SHRED-IT
SHRED-IT 8002120354 09/06/2022 SHRED SERVICE 07/26/2022 5.88 SHRED-IT 8002120354 09/06/2022 SHRED SERVICE 07/26/2022 9.80 SHRED-IT 8002120354 09/06/2022 SHRED SERVICE 07/26/2022 5.88 SHRED-IT 8002120354 09/06/2022 SHRED SERVICE 07/26/2022 78.42 SHRED-IT 8002120354 09/06/2022 SHRED SERVICE 07/26/2022 1.96 SHRED-IT 8002120354 09/06/2022 SHRED SERVICE 07/26/2022 5.90 SHRED-IT 8002120354 09/06/2022 SHRED SERVICE 07/26/2022 39.21 SHRED-IT 8002120354 09/06/2022 SHRED SERVICE 07/26/2022 39.21 SHRED-IT 8002120354 09/06/2022 SHRED SERVICE 07/26/2022 9.80 Vendor SHRED-IT Total: 196.06
Vendor: STATE STREET BANK & TRUST COMPANY
STATE STREET BANK & TRUS...PR - 8/19/22 09/06/2022 PAYROLL DEDUCTIONS 250.00 Vendor STATE STREET BANK & TRUST COMPANY Total: 250.00
Vendor: STREET DECOR, INC
STREET DECOR, INC 33260 09/06/2022 REC BANNER HARDWARE 950.74

FOR BANNER REPAIRS &
REPLC
Vendor STREET DECOR, INC Total: 950.74
Vendor: TAYLOR BACKHOE SERVICES, INC.

TAYLOR BACKHOE SERVICES...6549 09/06/2022 REPLACED CASTING SEWER 2,000.00

MAN HOLE
Vendor TAYLOR BACKHOE SERVICES, INC. Total: 2,000.00
Vendor: USA BLUE BOOK
USA BLUE BOOK 058738 09/06/2022 OFFICE SUPPLIES / CHLORINE 1,046.67

DPD & COLORIMETER
Vendor USA BLUE BOOK Total: 1,046.67
Vendor: VAN DE POL ENTERPRISES
VAN DE POL ENTERPRISES CL32161 09/06/2022 FUEL PD/PW VEHICLE 76.12 08/01/22 - 08/15/22
VAN DE POL ENTERPRISES CL32161 09/06/2022 FUEL PD/PW VEHICLE 1,948.67 08/01/22 - 08/15/22
VAN DE POL ENTERPRISES CL32161 09/06/2022 FUEL PD/PW VEHICLE 140.86 08/01/22 - 08/15/22
VAN DE POL ENTERPRISES CL32161 09/06/2022 FUEL PD/PW VEHICLE 193.76 08/01/22 - 08/15/22
VAN DE POL ENTERPRISES CL32161 09/06/2022 FUEL PD/PW VEHICLE 41.52 08/01/22 - 08/15/22
VAN DE POL ENTERPRISES CL32161 09/06/2022 FUEL PD/PW VEHICLE 202.76 08/01/22 - 08/15/22
9/1/2022 10:15:05 AM Page 19 of 25
Warrant List Post Dates: 08172022-09062022
Vendor Name Payable Number Post Date Description (Item) Amount VAN DE POL ENTERPRISES CL32161 09/06/2022 FUEL PD/PW VEHICLE 203.45 08/01/22 - 08/15/22
Vendor VAN DE POL ENTERPRISES Total: 2,807.14
Vendor: VISION SERVICE PLAN-(CA)
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 4.63 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 31.80 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 5.50 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 292.20 SEPTEMBER 2022
VISION SERVICE PLAN (CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 28.42 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 20.75 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 2.78 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 28.42 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 18.27 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 3.00 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 18.20 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 3.71 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 43.86 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 13.64 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 231 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 17.05 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 3.71 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 2.27 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 15.98 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 0.93 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 3.71 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 3.53 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 33.36 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 22.73 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 6.92 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 9.18 SEPTEMBER 2022
9/1/2022 10:15:05 AM Page 20 of 25
Warrant List Post Dates: 08172022 - 09062022
Vendor Name Payable Number Post Date Description (Item) Amount VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 8.52 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 75.70 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 32.43 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 28.42 SEPTEMBER 2022.

VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 8.07 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 8.61 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 2.84 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 85.54 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 9.27 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 3.41 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 1.15 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 19.85 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 1.85 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 5.68 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 0.93 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 2.63 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 17.05 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 23.06 SEPTEMBER 2022
VISION SERVICE PLAN-(CA) SEPTMEBER 2022 08/23/2022 VISION INSURANCE 56.83 SEPTEMBER 2022
Vendor VISION SERVICE PLAN-(CA) Total: 1,028.70
Vendor: YANCEY LUMBER CO
YANCEY LUMBER CO A2022032159 09/06/2022 OIL ABSORBENT FOR OIL 38.82 LEAK PICK UP ON HWY 140
YANCEY LUMBER CO A2022034310 09/06/2022 MATERIAL FOR WWTP 274.48 YANCEY LUMBER CO A2022034334 09/06/2022 CORRUGATED METAL ROOF 107.86

FOR PROJECT
Vendor YANCEY LUMBER CO Total: 421.16
Vendor: YOUNG'S AIR CONDITIONING
YOUNG'S AIR CONDITIONING 348577 09/06/2022 AIR CONDITIONER 1,500.00

MAINTENANCE ON THE AL
GOMAN
Vendor YOUNG'S AIR CONDITIONING Total: 1,500.00
Grand Total: 352,043.92
9/1/2022 10:15:05 AM Page 2i of 25
Warrant List Post Dates: 08172022 - 09062022
Report Summary
Fund Summary
Payment Amount
001 - GENERAL FUND 97,516.99
009 - COMMUNITY CENTER FUND 1,974.02
016 - SWIM POOL FUND 3,363.33
017 - CITY WIDE LIGHTING & LAND 2,350.24
019 - RECREATION FUND 3,797.35
5,859.78
021 - REGIONAL STREET TRANSPORTATION PROGRAM 888.31
027 - PER CAPITA GRANT 110.25
059 - STORM DRAIN 910.31
060 - WATER FUND 22,006.44
061 - SEWER FUND 58,574.47
062 - REFUSE 64,566.44
063 - AIRPORT FUND 46,206.03
074 - ASSESS - BORRELLI 110.25
075 - ASSESS - SOUTHPORT 82.69
099 - PAYROLL TRUST FUND 12,495.47
200 - REGIONAL MEASURE V 4,498.79
201 - MEASURE V 22,401.00
202 - ALT MODES MEASURE V 737.35
401 - TOBACCO GRANT 940.86
505 - CAL VIP GRANT 2,653.55
Grand Total: 352,043.92
Account Summary
Account Number Account Name Payment Amount
001-0110-520.010-00 DEPT OPERATING SUPPL... 5.31
001-0110-530.201-00 OTHER CONTRACT SERVIC... 49.20
001-0110-540.039-00 MAINTENANCE CONTRAC... 32.74
001-0120-530.011-00 TELEPHONE & INTERNET
001-0120-530.091-00 MEETINGS & TRAINING 387.05
001-0120-530.201-00 OTHER CONTRACT SERVIC... 30.49
001-0120-540.039-00 MAINTENANCE CONTRAC... 32.74
001-0140-500.000-00 SALARIES - FULL TIME EM... 17.56
001-0140-510.020-00 GROUP HEALTH INSURAN... 228.85
001-0140-520.010-00 DEPT OPERATING SUPPL... 5.31
001-0140-530.000-00 ACCOUNTING & AUDITING 56.00
001-0140-530.011-00 TELEPHONE & INTERNET 2.68
001-0140-530.201-00 OTHER CONTRACT SERVIC... 83.61
001-0140-540.039-00 MAINTENANCE CONTRAC... 16.36
001-0141-530.009-00 OTHER PROFESSIONAL SE... 9,919.50
001-0141-530.091-00 MEETINGS & TRAINING 1,391.00
001-0141-530.201-00 OTHER CONTRACT SERVIC... 12,682.59
001-0142-510.020-00 GROUP HEALTH INSURAN... 1,485.96
001-0142-530.011-00 TELEPHONE & INTERNET 2.68
001-0142-530.030-00 ADVERTISING 64.00
001-0142-530.201-00 OTHER CONTRACT SERVIC.. 30.49
001-0142-540.039-00 MAINTENANCE CONTRAC... 32.74
001-0150-510.020-00 GROUP HEALTH INSURAN... 237.86
001-0150-520.010-00 DEPT OPERATING SUPPL... 1,215.59
001-0150-520.011-00 UNIFORM ALLOWANCE 9.76
001-0150-520.040-00 FUEL 76.12
001-0150-530.011-00 TELEPHONE & INTERNET 2.68
001-0150-530.072-00 OTHER EQUIPMENT REPA... 21.64
001-0150-540.039-00 MAINTENANCE CONTRAC... 32.74
001-0210-510.020-00 GROUP HEALTH INSURAN... 10,740.15
001-0210-520.000-00 OFFICE SUPPLIES 2,667.14
001-0210-520.010-00 DEPT OPERATING SUPPLI... 26.54
9/1/2022 10:15:05 AM Page 22 of 25
Warrant List Post Dates: 08172022 - 09062022
Account Summary
Account Number Account Name Payment Amount
001-0210-520.011-00 UNIFORM ALLOWANCE 54.02
001-0210-520.030-00 MOTOR VEHICLE EXPENSE 535.93
001-0210-520.040-00 1,948.67
001-0210-530.011-00 TELEPHONE & INTERNET 536.54
001-0210-530.091-00 MEETINGS & TRAINING 348.00
001-0210-530.201-00 OTHER CONTRACT SERVIC.. 2,720.73
001-0210-540.038-00 TECHNOLOGY PURCH/REP.. 67.09
001-0210-540.039-00 MAINTENANCE CONTRAC... 4,616.48
001-0220-520.010-00 DEPT OPERATING SUPPL... 143.97
001-0220-520.040-00 140.86
001-0230-510.020-00 GROUP HEALTH INSURAN.. 846.77
001-0410-500.005-00 CDD - SALARIES FULL TIME 10.54
001-0410-510.020-00 137.31
001-0410-530.009-00 OTHER PROFESSIONAL SE... 2,911,19
001-0410-530.011-00 2.68
001-0410-530.030-00 ADVERTISING 392.00
001-0410-530.201-00 OTHER CONTRACT SERVIC... 31,998.05
001-0410-540.039-00 MAINTENANCE CONTRAC... 32.74
001-0460-510.020-00 GROUP HEALTH INSURAN... 1,326.78
001-0460-530.011-00 TELEPHONE 2.68
001-0460-530.201-00 OTHER CONTRACT SERVIC... 26.57
001-0460-540.039-00 MAINTENANCE CONTRAC... 16.36
001-0610-510.020-00 GROUP HEALTH INSURAN... 771.07
001-0610-520.010-00 DEPT OPERATING SUPPLI... 566.04
001-0610-520.011-00 UNIFORM ALLOWANCE 5.86
001-0610-520.030-00 MOTOR VEHICLE EXPENSE 11.02
001-0610-530.011-00 TELEPHONE 2.68
001-0610-530.072-00 OTHER EQUIPMENT REPA... 2,253.74
001-0610-530.201-00 OTHER CONTRACT SERVIC... 3,334.80
001-0610-540.011-00 BUILDINGS 133.32
001-0610-540.039-00 MAINTENANCE CONTRAC... 32.74
009-0150-510.020-00 GROUP HEALTH INSURAN... 122.31
009-0150-520.010-00 DEPT OPERATING SUPPLI... 1,507.96
009-0150-520.040-00 193.76
009-0150-530.011-00 TELEPHONE 10.73
009-0150-530.201-00 OTHER CONTRACT SERVIC... 73.80
009-0150-540.039-00 MAINTENANCE CONTRAC... 65.46
016-0613-510.020-00 GROUP HEALTH INSURAN... 843.11
016-0613-520.010-00 DEPT OPERATING SUPPLI... 1,669.07
016-0613-520.013-00 CONCESSION SUPPLIES 100.76
016-0613-530.011-00 TELEPHONE 10.73
016-0613-530.201-00 OTHER CONTRACT SERVIC... 674.20
016-0613-540.039-00 MAINTENANCE CONTRAC... 65.46
017-0140-500.000-00 SALARIES - FULL TIME EM... 14.05
017-0140-510.020-00 GROUP HEALTH INSURAN... 183.09
017-0270-530.009-00 OTHER PROFESSIONAL SE... 275.63
017-0610-510.020-00 GROUP HEALTH INSURAN... 1,767.45
017-0610-520.011-00 UNIFORM ALLOWANCE 12.50
017-0610-520.040-00 FUEL 41.52
017-0610-530.000-00 ACCOUNTING & AUDITING 56.00
019-0142-510.020-00 GROUP HEALTH INSURAN... 636.85
019-0150-510.020-00 GROUP HEALTH INSURAN... 94.09
019-0613-510.020-00 GROUP HEALTH INSURAN.. 796.07
019-0613-520.010-00 DEPT OPERATING SUPPLI... 958.70
019-0613-520.060-00 DEPT OPERATING SUPPLI... 599,61
019-0613-530.011-00 TELEPHONE 10.73
019-0613-530.201-00 OTHER CONTRACT SERVIC... 635.84
019-0613-540.039-00 MAINTENANCE CONTRAC... 65.46
9/1/2022 10:15:05 AM Page 23 of 25
Warrant List Post Dates: 08172022 - 09062022
Account Summary
Account Number Account Name Payment Amount
020-0310-530.201-00 5,859.78
021-0140-510.020-00 GROUP HEALTH INSURAN... 183.09
021-0142-510.020-00 GROUP HEALTH INSURAN.... 106.14
021-0310-510.020-00 GROUP HEALTH INSURAN.. 80'665
027-0610-530.009-00 OTHER CONTRACT SERVIC... 110,25
059-0140-510.020-00 GROUP HEALTH INSURAN... 45.77
059-0210-510.020-00 GROUP HEALTH INSURAN... 205.90
059-0730-510.020-00 GROUP HEALTH INSURAN... 136.94
059-0730-520.010-00 DEPT OPERATING SUPPLI... 77.27
059-0730-520.030-00 MOTOR VEHICLE EXPENSE 8.82
059-0730-530.000-00 ACCOUNTING & AUDITING 42.00
059-0730-530.201-00 OTHER CONTRACT SERVIC... 393.61
060-0140-500.000-00 SALARIES - FULL TIME EM... 122.93
060-0140-510.020-00 GROUP HEALTH INSURAN... 1,647.74
060-0140-530.201-00 OTHER CONTRACT SERVIC... 39.21
060-0142-510.020-00 GROUP HEALTH INSURAN... 1,061,41
060-0150-510.020-00 282.26
060-0210-510.020-00 GROUP HEALTH INSURAN... 469.66
060-0460-510.020-00 GROUP HEALTH INSURAN... 398.02
060-0710-510.020-00 GROUP HEALTH INSURAN... 2,650.42
060-0710-520.010-00 DEPT OPERATING SUPPLI... 2,185.10
060-0710-520.011-00 UNIFORM ALLOWANCE 51.43
060-0710-520.030-00 MOTOR VEHICLE EXPENSE 24.26
060-0710-520.040-00 202.76
060-0710-530.000-00 560.00
060-0710-530.011-00 187.78
060-0710-530.111-00 NOTE PAYABLE (VIERRA .L... 805.61
060-0710-530.122-00 INTEREST EXPENSE (VIER... 473.52
060-0710-530.201-00 9,630.85
060-0710-540.011-00 133.36
060-0710-540.039-00 MAINTENANCE CONTRAC... 1,080.12
061-0140-500.000-00 SALARIES - FULL TIME EM... 179.14
061-0140-510.020-00 GROUP HEALTH INSURAN... 1,601.97
061-0140-530.201-00 OTHER CONTRACT SERVIC... 2,525.71
061-0142-510.020-00 GROUP HEALTH INSURAN... 1,326.78
061-0150-510.020-00 GROUP HEALTH INSURAN.. 329.30
061-0210-510.020-00 443.13
061-0460-510.020-00 GROUP HEALTH INSURAN... 132.68
061-0520-510.020-00 GROUP HEALTH INSURAN... 3,033.17
061-0520-520.010-00 DEPT OPERATING SUPPU.... 311.22
061-0520-520.011-00 UNIFORM ALLOWANCE 82.68
061-0520-520.030-00 MOTOR VEHICLE EXPENSE 29.40
061-0520-520.040-00 203.45
061-0520-530.000-00 ACCOUNTING & AUDITING 560.00
061-0520-530.011-00 TELEPHONE 187.78
061-0520-530.060-00 ELECTRIC 10,473.66
061-0520-530.072-00 OTHER EQUIPMENT REPA... 285.00
061-0520-530.111-00 NOTE PAYABLE (VIERRAL.. 805.61
061-0520-530.122-00 INTEREST EXPENSE (ER.. 473.51
061-0520-530.201-00 OTHER CONTRACT SERVIC... 26,739.01
061-0520-540.011-00 BUILDINGS 133.32
061-0520-540.030-00 MACHINERY & EQUIPME... 7,605.09
061-0520-540.039-00 MAINTENANCE CONTRAC... 1,112.86
062-0140-500.000-00 SALARIES - FULL TIME EM... 3.51
062-0140-510.020-00 GROUP HEALTH INSURAN... 457.71
062-0140-530.000-00 ACCOUNTING & AUDITING 56.00
062-0140-530.201-00 OTHER CONTRACT SERVIC... 9.80
062-0142-510.020-00 GROUP HEALTH INSURAN... 159.21
9/1/2022 10:15:05 AM Page 24 of 25
Warrant List Post Dates: 08172022 - 09062022
Account Summary
Account Number Account Name Payment Amount
062-0150-510.020-00 GROUP HEALTH INSURAN. 47.04
062-0510-520.000-00 OFFICE SUPPLIES 53.08
062-0510-520.011-00 UNIFORM ALLOWANCE 19.53
062-0510-530.009-00 OTHER PROFESSIONAL SE... 61,723.03
062-0510-530.011-00 TELEPHONE & INTERNET 107.32
062-0510-530.201-00 OTHER CONTRACT SERVIC... 738.12
062-0510-540.039-00 MAINTENANCE CONTRAC... 654.60
062-0530-510.020-00 GROUP HEALTH INSURAN... 537.49
063-0140-500.000-00 SALARIES - FULL TIME EM... 3.51
063-0140-510.020-00 GROUP HEALTH INSURAN... 91.54
063-0142-510.020-00 GROUP HEALTH INSURAN... 265.36
063-0210-510.020-00 GROUP HEALTH INSURAN... 51.48
063-0340-510.020-00 GROUP HEALTH INSURAN... 93.28
063-0340-520.016-00 AVIATION GASOLINE 44,529.04
063-0340-530.000-00 ACCOUNTING & AUDITING 70.00
063-0340-530.009-00 OTHER PROFESSIONAL SE... 41.08
063-0340-530.011-00 TELEPHONE 2.68
063-0340-530.090-00 MEMBERSHIPS/SUBSCRIP... 262.00
063-0460-510.020-00 GROUP HEALTH INSURAN... 796.06
074-0910-530.009-00 OTHER PROFESSIONAL SE... 110.25
075-0000-450.024-00 SOUTHPORT ASSESSMENT 82.69
099-0000-220.050 PERS PAYABLE 11,825.47
099-0000-220.071 POA DEDUCT PAYABLE 420.00
099-0000-220.092 CAL PERS 457 DEF COMP 250.00
200-1080-550.106-00 CONTRACT SERVICES - H... 4,498.79
201-0310-530.201-00 OTHER CONTRACT SERVIC... 22,401.00
202-0310-530.201-00 OTHER CONTRACT SERVIC... 737.35
401-0210-510.020-00 GROUP HEALTH INSURAN... 940.86
505-0210-510.020-00 GROUP HEALTH INSURAN... 2,653.55
Grand Total: 352,043.92
Project Account Summary
roject Account Ke Payment Amount
*None* 328,018.65
2020-21-5B 4,732,94
5TH ST & 4TH AVE ROUNDABOUT EXPENSE 2,202.58
CAL VIP GRANT EXPENSE 2,653.55
EAST AVE SIDEWALK EXPENSE 624.41
FAMILY DOLLAR EXPENSE 1,913.69
HWY 33/140 ROUNDABOUT EXPENSE PE 190.47
KATAKIS 5,664.00
M. RASMUSSEN 695.50
MEREDITH AVE PH 3 PE 63.65
PED IMPROVMENT ON NAVE EXPENSE 3,537.87
R. RASMUSSEN 695.50
SCHMIDT PARK PER CAPITA GRANT EXPENSE 110.25
TOBACCO GRANT - EXPENSE 940.86
Grand Total: 352,043.92
9/1/2022 10:15:05 AM Page 25 of 25
ITEM NO. 4

HATE GI CALEONE

COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Tiffany Vitorino, Recreation Manager
SUBJECT: Approve the Use of City Streets for 8th Annual Trunk or Treat Halloween Event

BACKGROUND/DISCUSSION
The Recreation and Police Departments are asking to hold the 8th Annual Halloween Trunk or Treat event in the Downtown area. In the past, this event was met with great enthusiasm from everyone in the community. Staff has chosen "Halloween in Hollywood" as the theme for this year.

Staff would like to extend the event from two blocks to three, to accommodate "Trunk or Treating", an outdoor movie, carnival games, crafts, and inflatables. In addition, staff is requesting local businesses to stay open for shopping and trick or treaters.

Staff is requesting Council's permission to close off 5th Street between 5th Avenue and 2nd Avenue in order to provide ample space for spreading out the event. The event will be from 6:00 PM until 8:00 PM on Monday, October 31st. Staff is asking for the street to be closed from 4:00 PM until 9:00 PM for setup and cleanup. "No Parking" signs will be placed in the appropriate areas for the event's success.

Staff is also requesting Council's authorization to allow food and dessert vendors during the event. According to the Gustine Municipal Code Section 5-6-3, mobile kitchen type vendors are only allowed in manufacturing districts, except otherwise by special permission of the City Council during festivals, parades and other public events. If approved, staff will ensure that proper permits and licenses will be obtained. The Recreation Department will be submitting the proper paperwork to Merced County Environmental Health Department to obtain the appropriate health permits for the event and each vendor.

FISCAL IMPACT
Staff will be asking for donations from local businesses to be able to provide some supplies and prizes for the event. Staff is asking again for approximately $1,000 for the event to make up for any lack in donations that may occur.

RECOMMENDATION
Approve staff's request to hold the 8'h Annual Gustine Halloween Trunk or Treat event, allowing the street closures as proposed, and authorizing mobile food vendors for the event.

EXHIBIT(S)
A) Street closure map
B) gin Annual Halloween Trunk or Treat Flyer
APPROVED BY:

Brad Kilger, Interim City Manager

HALLOWEEN TRUNK OR TREAT
2022
McDonald's (
Takeout • Delivery
CFN
2ng Ave 2nd Ave
Management Se • Rico. Plitzer, Pires
and Associates...
2nd Ave
Henry Miller Park
Perry's More TH
Takeou 3rd Ave
(Ma lited States O'Reilly Auto Parts
)stal Service Delivery
La Esperanza
Meat Market temporarily closed Texas Burger
iter
350d Takeout
Bank of America ATM
mp
eout yvery
Street
Gustine Morningstar Foods
Smoke shop
Tobacco shop
El Picosito
Takeoul Sth Ave
Sth Ave
5th, Ave
Coast Hardware o KWIK SERV
Hardware store
Mg Bakery Best
Takeout
WEET
IN

HOLLYWOOD

OTRUNK OR
TREAT

ORATED HOW TAD
5TH (MAIN) STREET GUSTINE, CA
6:00PM - 8:00PM
SEEKING:

TRUNKS

SPONSORS

VOLUNTEERS &

CANDY DONATIONS
• CITY CAL ITEM NO. 5
IFOR

COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Mario Gouveia, City Engineer
SUBJECT: Resolution to Accept Bid and Award a Contract to Rolfe Construction, Inc. for the Soil Removal and Disposal Project and Authorizing the Interim City Manager to Execute the Agreement on Behalf of the City of Gustine.

BACKGROUND/DISCUSSION
As a first step in moving the construction of the SR-140/33 Roundabout project forward, Caltrans is requiring that soil material from the site of the future roundabout be removed and properly disposed of prior to the start of construction.

The Soil Removal and Disposal project was advertised on July 20, 2022 and bids were opened on August 4, 2022. The major work will consist of removing approximately 1,850 tons of soil material from the site of the future SR-140/33 Roundabout located at 404 South Avenue Gustine, CA 95322, loading the material, transporting the material, and disposing of the material at the Billy Wright Landfill site located at 17173 S. Billy Wright Road, Los Banos, CA The City received a total of four (4) responsive bids that were opened and read aloud at 2:00 p.m. on August 4, 2022 at Gustine City Hall, this being the advertised bid opening date and time. The lowest responsible bid was submitted by Rolfe Construction, Inc. in the amount of $52,374.00.

CONTRACTOR TOTAL BID
Rolfe Construction, Inc. 52,374.00
TBS Contractors 64,164.50
United Pavement Maintenance 93,091.00
GEMS $ 113,274.50
Engineer's Estimate $ 90,400.00

FISCAL IMPACT
The Soil Removal and Disposal project will be funded using Regional Measure V funds.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution accepting the low bid from Rolfe Construction in the amount of $52,374.00 for the Soil Removal and Disposal Project and authorizing the Interim City Manager to sign the Agreement on behalf of the City of Gustine.

EXHIBIT(S)
A) Resolution No. XXXX
B) Abstract of Bids
Coff
APPROVED BY:

Brad Kilger, Interim City Manager
RESOLUTION NO. 2022-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ACCEPTING BID AND AWARDING A CONTRACT TO ROLFE CONSTRUCTION, INC. FOR THE SOIL REMOVAL AND

DISPOSAL PROJECT AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, the invitation to bid for the Soil Removal and Disposal Project was advertised in the Gustine Standard on July 20, 2022; and WHEREAS, the project will consist of removing approximately 1,850 tons of soil material from the site of the future SR-140/33 Roundabout located at 404 South Avenue Gustine, CA 95322, loading the material, transporting the material, and disposing of the material at the Billy Wright Landfill site located at 17173 S. Billy Wright Road, Los Banos, CA 93635; and
WHEREAS, the following bids for the project were publicly opened and read aloud at Gustine City Hall on August 4, 2022; and
WHEREAS, Rolfe Construction submitted the lowest responsive and responsible bid; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Gustine:

Section 1. Award a Contract to Rolfe Construction, Inc. in the amount of Fifty-Two Thousand Three Hundred Seventy-Four Dollars ($52,374.00).

Section 2. Authorize the Interim City Manager to execute a Contract with Rolfe Construction, Inc. on behalf of the City of Gustine.

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 6th day of September, 2022, and 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

ABSTRACT OF BIDS FOR

CITY OF GUSTINE

SOIL REMOVAL AND DISPOSAL
Bid Opening: August 4, 2022 at 2:00 p.m.

Rolfe Construction TBS Contractors United Pavement Maint Engineer's Estimate 3573 Southern Pacific Ave 1605 E. Gerard Ave. PO Box 1017 1120 Willow Pass Court 4627 S. Chesnut Ave.

Atwater, CA 95301 Merced, CA 95341 Hughson, CA 95326 Concord, CA 94520 Fresno, CA 93725 Item Description Amount

0.00 20,300.00 20,300.00 0.00
3 Remove, Transport, and Dispose of Soil 81.400.00 57,664.50 0.00 $52,374.00 $93,091.00 $0.00
Subcontractors None None None Sekhon & Sons Trking None 945.03SR
ME GIL GALIFOR ITEM NO. 6
SLEe COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Ruben Chavez, Chief of Police
SUBJECT: City Council to Approve a Resolution Authorizing Continuance of Feral Cat Spay/Neuter Voucher Program and Allocating Annual Funding in the Amount of $1,000

BACKGROUND/DISCUSSION
On September 15, 2020, the City Council provided preliminary funding and direction for a Feral Cat Spay/Neuter Program. Council approved $500 towards the program which provided vouchers to our residents who trap feral cats in their residence and schedule an appointment with True Blue Veterinary Clinic for the feral cat to be spayed or neutered. The voucher system allowed the resident to schedule the procedure at no cost.

The program was highly successful and our Community Resource Officer continues to receive requests for vouchers. Program funding was exhausted approximately one year ago.

Staff recommends City Council approve the program to continue and allocate $1,000 towards the Police Department's Animal Control budget for this continued program.

Funding for FY 22/23 would be allocated from "Other Fines" (account 001-0000- 440.010), which is the account where civil citation fines are recorded. Further, approval of this resolution would allow for a new line item within the Animal Control department budget (001-0230), and allocate $1,000 annually to the new line item.

FISCAL IMPACT
There are currently no funds allocated towards feral cat spay/neuter vouchers.

Approval would authorize the FY 22/23 allocation from "Other Fines", and designate $1,000 towards the program annually thereafter.

RECOMMENDATION
City Council to approve the resolution authorizing the continuance of the program, and allocating $1,000 per year.

EXHIBITS
A) Resolution
APPROVED BY:

Brad Kilger, interim City Manager
RESOLUTION 2022-XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING THE

CONTINANCE OF THE FERAL CAT SPAY/NEUTER VOUCHER PROGRAM AND ALLOCATING $1,000 ANNUALLY TOWARD PROGRAM
WHEREAS, the City of Gustine has experienced police calls related to feral cats that can quickly populate and increase in numbers; and
WHEREAS, feral cats are not regulated by statute and police do not respond to calls of feral cats unless they pose a public threat or are injured; and WHEREAS, on September 15, 2020 the City Council authorized a trial feral cat spay/neuter voucher program that was highly successful for the community and the Police Department desires to continue the program; and
WHEREAS, the program was funded in the original amount of $500, which was exhausted within one year, and to continue a program would cost approximately $1,000 each year; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Gustine:

Section 1. Continue the feral cat voucher program, by allocating $1,000 from "Other Fines" (acct. 001-0000-440.010) for FY 2022/2023.

Section 2. Create a new line item within the Animal Control department budget (001- 0230), and allocate $1,000 annually thereafter.

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 6th day of September, 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
BUSTINE CITY CALIFORNIA ITEM NO. 7

COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Tiffany Vitorino, Recreation Manager
SUBJECT: Resolution Clarifying Mandatory Cleaning Fee of the Goman Community Center

BACKGROUND/DISCUSSION
After the Goman Community Center was upgraded with luxury vinyl in 2021, City Council adopted a resolution changing the cleaning procedures of the facility by adding a "non-waivable" mandatory floor cleaning fee. This fee was implemented to ensure that the new flooring was maintained properly. The renter is still responsible for all cleaning outside of mopping the floor, for example the sweeping, cleaning of restrooms, removal of garbage and debris, etc. A preliminary financial analysis of staff time and overhead for providing the floor cleaning along with research of other local hall cleaning fees were factored in determining the cleaning fee amount. The amount approved in Resolution 2021-2571 was $300 for renters, and $200 for Gustine service At the August 16, 2022 Council Meeting, the Gustine Lions Club requested a fee waiver for this fee. Council voted to waive the Lions Club fee and asked that staff return with a new resolution to supersede the prior related to the cleaning fee.

RECOMMENDATION:

City Council approve a resolution that supersedes 2021-2571, which removes fees relating to mandatory cleaning fees for the Goman Center for service clubs.

FISCAL IMPACT:

The cleaning fee covers the staff time for two Public Works employees and the necessary cleaning supplies. Prior to the pandemic, there were approximately eleven service club fee waiver requests of the Goman Community Center. The fiscal impact could reach upwards of $2,200.

EXHIBIT(S)
A) Resolution 2021-2571
B) Proposed Resolution
Bff
APPROVED BY:

Brad Kilger, interim City Manager
RESOLUTION 2021-2571

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ESTABLISHING

MANDATORY FEE FOR CLEANING OF THE AL GOMAN COMMUNITY CENTER Whereas, the City of Gustine has recently installed new flooring in the Al Goman Community Center, which has greatly improved the visual appearance of the facility; and
Whereas, to maintain the lifespan of the new flooring and institute a standard of cleaning that staff can rely on with minimal scheduling impacts on City departments; Whereas, City staff has researched and compiled the costs associated with oroviding the cleaning service, in accordance with the provided cleaning instructions, as well as considering what other comparable local rental facilities charge for the same service; and
Whereas, implementing a mandatory cleaning fee, would allow for a streamlined coordination of departments for a more beneficial experience for the renter; and
Now Therefore, Be It Resolved by the City Council of the City of Gustine that the following rate structure applies for Al Goman Community Center facility rentals:
• $300 Mandatory Cleaning Fee
• $200 Mandatory Cleaning Fee for Gustine Service Clubs (as defined in the City's Master Schedule of User and Regulatory Fees)
Council further establishes that this cleaning fee is non-waiveable.

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 Is day of June, 2021, the resolution was adopted by the following vote:

AYES: Bonta, Brazil, Ford, Alexander, Mayor Nagy
NOES: None
ABSTAIN: None
ABSENT: None
APPROVED:

Rate policy, yor
City of Gustine
ATTEST:

Melanie Correa, Deputy City Clerk
City of Gustine
RESOLUTION 2022-XXXХ

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE SUPERSEDING RESOLUTION 2021-2571 AND ESTABLISHING UPDATED LANGAUGE FOR THE MANDATORY FEE FOR

CLEANING OF THE AL GOMAN COMMUNITY CENTER
WHEREAS, the City of Gustine has installed new flooring in the Al Goman Community Center, which has greatly improved the visual appearance of the facility; and
WHEREAS, to maintain the lifespan of the new flooring and institute a standard of cleaning that staff can rely on with minimal scheduling impacts on City departments; and
WHEREAS, City staff has researched and compiled the costs associated with providing the cleaning service, in accordance with the provided cleaning instructions, as well as considering what other comparable local rental facilities charge for the same service; and
WHEREAS, implementing a mandatory cleaning fee, would allow for a streamlined coordination of departments for a more beneficial experience for the renter; and
WHEREAS, at the August 16, 2022 City Council expressed their consensus that Service Clubs, defined as a non-profit club that exists solely for the purpose of benefitting, bettering or serving the residents of Gustine shall be exempt from such fee.

Further, the service club must not be affiliated with any one political party or religious organization; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine that the following rate structure applies for non-service club Al Goman Community Center facility rentals:
• $300 Mandatory Cleaning Fee
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 6'h day of September, 2022, the resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

ATTEST: Patrick Nagy, Mayor
City of Gustine
Melanie Correa, Deputy City Clerk
City of Gustine
CATE CIT ALINE ITEM NO. 8

COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Ruben Chavez, Chief of Police
SUBJECT: Approve a Resolution Adopting Gustine Police Policy 706 in Compliance with AB 481 Regarding the Purchase and Use of Military Equipment

BACKGROUND/DISCUSSION
The City Council has a long-standing commitment to ensure that the Gustine Police Department has equipment necessary to safeguard the lives of the residents of Gustine. Effective January 1, 2022, Assembly Bill 481 (AB481 or the Bill), codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a "military equipment" use Policy (the Policy) by resolution, prior to the LEA funding, acquiring, or using military equipment.

The Gustine Police Department (GPD) seeks City Council adoption of the attached Military Equipment Use Policy - Policy 706 (Exhibit B), to allow GPD to continue to use the vital equipment specified therein, as well as acquire new equipment in the future.

Items deemed to be "military equipment" by AB481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the GPD.

The term "military equipment," as used in AB481, in fact, does not necessarily indicate equipment that has been used by the military. Pursuant to AB481, items deemed to be "Military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal 37mm launchers, less lethal 40mm projectile launchers, long range acoustic devices, flashbangs, and ammunition.

GPD is committed to using the most up-to-date tools and equipment to safeguard the citizens of Gustine. Many items deemed to be "military equipment" by AB481 are in fact employed by GPD, and LEA's across the country, to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and the accompanying Military Equipment Use Policy, also provide GPD's peace officers with vital tools that facilitate compliance with its stringent Use of Force Policy.

Other items deemed to be "military equipment" via AB481 include foundational equipment such as rifles. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision.

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers with as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below are vital to GPD's mission and will continue to be strictly regulated through internal processes and oversight.

The proposed resolution seeks to approve GPD's Policy 706, which constitutes GPD's Military Equipment Use Policy. Policy 706 outlines a qualifying list of equipment for the Department identified in Government Code section 7070. Several items owned by the Department were in place prior to the implementation of AB481. Future acquisitions of any item deemed to be "military equipment" will require a further public meeting, policy update, and council approval.

The proposed Policy 706 safeguards the public's welfare, safety, civil rights, and civil liberties. Policy 706 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. For instance, Policy 706 requires that the GPD Military Equipment Coordinator will ensure that GPD complies with Policy 706. GPD will conduct an annual audit of military equipment and their use. The audit report will be provided to City Council who will make ultimate findings. The audit report will include any violations of Policy 706 and corrective measures taken by the Department.

Members of the public are provided directions per the policy on how to register complaints about violations.

All items which result in a use of force will be investigated, as is already required by existing GPD Policy. As required by law, the draft of the policy must be posted on the Police Department's website for 30 days prior to the public hearing. The policy being considered with this item (Exhibit B) was published on the City's Website on July 12th, 2022.

This policy has provisions in it to allow for mutual aid and outside agencies to use their equipment covered by statute in the City of Gustine if in compliance with the law.

There are no reasonable alternatives to the items listed below. Each item's necessity is further described below:

Specialized firearms and ammunition, including assault weapons: Patrol rifles and Special Weapons and Tactics (SWAT) rifles enable officers, when in compliance with the GPD's Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both.

Further, in both short and long-distance deployments, they allow officers precision shot placement, minimizing the risk to officers and innocent citizens.

There are no known alternatives to these weapons that will provide the same level of distance or precision.
40mm/37mm projectile launchers: The 40mm/37mm launcher affords the ability to use less lethal chemical agents and impact munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable. When necessary, there is no alternative to this less lethal weapon system.

FISCAL IMPACTS
This item has no immediate fiscal impact.

PUBLIC PARTICIPATION
The law requires yearly workshops and meetings for public stakeholders and other interested parties to review the policy and provide public input on the use of the involved equipment.

EXHIBIT(S)
A) Resolution
B) Proposed GPD Policy 706
C) Full language of AB481
APPROVED BY:

Brad Kilger, Interim City Manager
RESOLUTION 2022-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ADOPTING A MILITARY

EQUIPMENT USE POLICY AND ADDING SAID POLICY TO THE GUSTINE POLICE DEPARTMENT

POLICY MANUAL
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed military equipment use policy is found within Gustine Police Department General Order 706; and
WHEREAS, Gustine Police Department Policy 706 was published on the City of Gustine's internet website on July 12, 2022 and the Gustine Police Department General Order 706 was presented to the City Council at their regular meeting on September 6, 2022; and
WHEREAS, the Gustine Police Department General Order 706 meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, this Policy shall be reviewed by the Department at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment or require modifications to the Policy in a manner to resolve the lack of compliance.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:

Section 1: Findings.

Based on the recitals above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in Gustine Police Department General Order 706 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. Gustine Police Department General Order 706 will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in Gustine Police Department General Order 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment uses compiled with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

5. Gustine Police Department Policy No. 706 is approved and adopted as an addition to the Gustine Police Department Policy Manual.

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 6st day of September, 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
Policy Gustine Police Department
Gustine PD Policy Manual
706
Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The elected or appointed body that oversees the Department.

Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than 50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.

Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Copyright Lexipol, LLC 2022/04/22, All Rights ***DRAFT*** Military Equipment - 1 Reserved. Published with permission by Gustine
Gustine Police Department
Gustine PD Policy Manual
Military Equipment
710.2 POLICY
It is the policy of the Gustine Police Department that members of this department comply with the provisions of Government Code § 7070-7075 with respect to military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Gustine Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

Publicizing the details of the meeting.

Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

SEMI AUTO RIFLES CA Gov't Code §7070(c)(10): Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Description, Quantity, capabilities

1. AR-15 Patrol Rifle, Semi-Automatic, Caliber 5.56. To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible in accordance with department policy, state and federal statute. (a) Authorized Users: Only members that have completed the POST certified patrol rifle class are authorized to use a rifle.
(b) Quantity; 36
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Military Equipment
(c) Ammunition: 5000 rounds
SELECT FIRE RIFLES CA Gov't Code §7070(c)(10): Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Description, Quantity, capabilities

1. M4 Rifle, Select Fire, Caliber 5.56. To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible in accordance with department policy, state and federal statute. (a) Authorized Users: Only members that have completed the POST certified patrol rifle class and are assigned the Merced County SWAT team are authorized to use the rifle.
(b) Quantity: 1
(C) Ammunition: See Above
40MM SINGLE SHOT LAUNCHER CA Gov't Code §7070(c)(14): The 40MM Single Launcher is a tactical single shot launcher that will fire standard 40mm less lethal ammunition or deploy chemical agents.

Quantity: 1

2. Authorized Users: Only members that have completed in service training and POST training are authorized to use a 40mm Single Shot Launcher. 37MM SINGLE SHOT LAUNCHER CA Gov't Code §7070(c)(14): The 37MM Single Launcher is a tactical single shot launcher that will fire standard 37mm less lethal ammunition or deploy chemical agents.

Quantity: 1 (inoperable)

2. Authorized Users: Only members that have completed in service training and POST training are authorized to use a 37mm Single Shot Launcher.

SEMI AUTO TRAINING RIFLES CA Gov't Code §7070(c)(10): The Department possess several AK47/SKS style rifles for the purposes of weapon safety and familiarization.

Quantity: 2
Authorized Users: Range and armorer staff to provide officer safety and evidence safety training to line staff.

COMMAND POST VEHICLE CA Gov't Code §7070(c)(5): The Department possess a 24 ft. command post/ crime scene vehicle designed to facilitate the operational control and direction of public safety units at major incidents or crime scenes.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS
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Military Equipment
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 50% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs. 710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Although Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy, It is the policy of the Gustine Police Department to allow law enforcement agencies providing mutual aid or operating within the jurisdiction of the Gustine Police Department to use military equipment authorized by compliant Government Code 7071 compliant ordinances and agency policies from their home jurisdictions. Government Code 7071 (D) 710.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Policy.

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Military Equipment
If the Police Department acquires, borrows, and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law. • If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
• Include the Military Equipment in the Police Department's next annual Military Equipment Report.
710.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 710.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
710.10 COMPLAINT PROCEDURE
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to: (209) 854-3737
(c) Via mail sent to: Gustine Police Department Attn: Military Equipment Use Coordinator 832 Third Ave, Gustine CA 95322
The Gustine Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

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AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.

Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021.]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:

SECTION 1.

The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.

AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2.

Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070.

For purposes of this chapter, the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges.
(2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Military equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Military equipment use policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) "Type" means each item that shares the same manufacturer model number. 7071.
(a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
(c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.

AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
7072.
(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well- publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. 7073.
(a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.

AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment (C) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor's designee.
7074.

The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075.

Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3.

The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people's business.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

ITEM NO. 9

COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Jami Westervelt, Economic & Community Development Director Anne Branham, Assistant City Attorney
SUBJECT: Waive the Second Reading and Adopt an Ordinance Approving inclusive of
indoor cultivation and distribution operations, located at 355 4th Street

BACKGROUND/DISCUSSION
The City of Gustine ("'City") received an application for a cannabis business, consisting of indoor cultivation and distribution elements, at 355 4th Street (APN 020-044-015) which is located in the C-1 (Downtown Commercial) zoning district. Flavor Farms LLC proposes to open a commercial cannabis multi-use facility, inclusive of indoor cultivation and distribution activities in an approximately 3,250 square foot (sf) building located on a 3,500- sq. ft. parcel. This facility will not include any retail or manufacturing operations.

The Development Agreement (DA) is one of several procedural steps required by the City in order for the applicant to open the facility, along with City approval of an Operating Agreement, Use Permit, and business license. The City can only issue the business license after all the other required steps, including the approval of the DA, are complete.

The Council approved the Operating Agreement and Use Permit for Flavor Farms at its last Council meeting, August 16, 2022. At that same meeting, the City Council also held a public hearing and waived the first reading of the ordinance approving the DA with Flavor Farms.

The included Development Agreement (attached again as Exhibit A with corrections from the August 16 Council agenda) is the overall umbrella agreement setting forth the foundational approvals, vested rights, and payment of fees governing the future development of the project. Government Code section 65864 authorizes DAs in order to provide certainty in future planning for both an applicant and the City, and to allow for a negotiated agreement between the parties that will ultimately control the scope of approved development.

The proposed DA for use with Flavor Farms establishes a three-year term for the project, to ensure that project development remains consistent with City goals and policies, and facilitates the enforcement mechanism for implementing the collection of payments and tees outlined in the Operating Agreement. The DA proposed contains the same expiration date as the OA agreement-December 31, 2024.

Chapter 4-56 governs the negotiation and approval of a DA and requires that the Planning Commission recommend approval of the document and that the City Council approve it.

At its July 27, 2022 meeting, the Planning Commission reviewed the DA and approved the attached Resolution (Exhibit B) recommending the City Council adopt an Ordinance approving a DA with Flavor Farms. In considering that recommendation, the Commission made the following findings:

1. The DA would be in the best interests of the City.
a. The Development Agreement balances the City's interests in developing new economic uses of land while protecting the public health and safety of Gustine residents, and provides greater certainty to the City and applicant regarding future development of the site and new cannabis uses more generally. The DA further allows development in a currently vacant and thus underutilized site. b. The DA protects and balances the City's interests in permitting commercial cannabis uses while taking into account specific health, safety, and environmental concerns by establishing a limited term and implementing the collection of payments and fees to offset adverse impacts to City services. c. The Development Agreement does not impact housing availability in the City, but will provide additional services and resources to existing and new residents of the City. The Development Agreement considers these needs and ensures available fiscal and environmental resources are provided through various public benefit and community contributions by the applicant.

2. The DA is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan and the Zoning and Subdivision Code.
a. The DA is in conformance with the General Plan designation for Commercial-Retail Business, which aims to include a full range of retail and professional and governmental offices within the central commercial core. Additionally, the proposed use is consistent with the requirement in Section 4-48-060 that cannabis cultivation and distribution are authorized with a use permit in the C-1 (Downtown Commercial zoning district.
b. The proposed cannabis uses contemplated in the DA are subject to the same or stricter zoning standards that apply to all similar uses within the same districts, and thus the DA is consistent with existing zoning and General Plan requirements.

3. The DA would not be detrimental to the health, safety, and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City. a. The DA provides a limited and defined scope of development for the proposed uses of land, remains consistent with existing and proposed zoning standards to ensure that property and persons in the general neighborhood are not adversely impacted and further provides ongoing community benefit payments and contributions.

4. The DA is consistent with the provisions of State law (Government Code Sections 65864 through 65869.5.
a. The DA is consistent with State law and has been prepared and approved by the City Attorney.

Environmental Determination
Section 26055(h) of the Business and Professions Code states that the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity.

The Development Agreement is determined to be exempt from the provisions of CEQA under Class 1, Section 15301 (Existing Facilities) of the CEQA Guidelines. This project qualifies for this exemption because it consists of recommending approval for the operation of a cannabis business within an existing building. The owners are not expanding the building and all uses will take place within the existing building; therefore, the project will not result in an expansion of the existing or former use of the building and is exempt from CEQA.

FISCAL IMPACT
As outlined in the Operating Agreement and Development Agreement that the applicant will need to execute before commencing operations, Flavor Farms will be required to make monthly Community Benefit Payments designed to offset any financial impacts of the business to the provision of City services. In addition, Flavor Farms will submit an annual Community Contribution to fund citywide events.

RECOMMENDATION
Staff is requesting Council to waive the second reading and consider adopting an ordinance approving the Development Agreement between the City and Flavor Farms LLC, inclusive of indoor cultivation and distribution operations, located at 355 4th Street.

EXHIBIT(S)
A) City Council Ordinance Approving a Development Agreement with Flavor Farms, LLC.

Proposed Development Agreement includes the following Exhibits to the DA:
• Legal Description of Property
• Map of Property
• Development Plan
B) Planning Commission resolution 2022-075
APPROVED BY:

Brad Kilger, Interim City Manager
ORDINANCE NO. _

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUSTINE APPROVING

A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GUSTINE AND FLAVOR

FARMS GUSTINE, LLC TO ALLOW A COMMERCIAL CANNABIS BUSINESS,

CONSISTING OF INDOOR CULTIVATION AND DISTRIBUTION USES, LOCATED AT 355 4TH STREET, GUSTINE, CA
The City Council of the City of Gustine does ordain as follows:

Section 1. To strengthen the public planning process, encourage private participation in comprenensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864, et. seq. of the Government Code, which authorizes the City of Gustine ("City") to enter into an agreement with any person having a legal or equitable interest in real property providing for the development of such property in order to establish certainty in the development process.

Section 2. The City of Gustine previously adopted an implementing ordinance (Section

4.56 of the Zoning and Subdivision Ordinance) authorizing and regulating the use of Development Agreements.

Section 3. The Planning Commission conducted a duly noticed public hearing on July 27, 2022, at which time it recommended to the City Council that the Development Agreement, attached hereto and incorporated herein by reference, between the City of Gustine and Flavor Farms Gustine, LLC for the development and operation of a commercial cannabis facility consisting of indoor cultivation and distribution uses, be approved based on stated findings of fact. The City Council held a duly noticed public hearing on August 16, 2022 at which all interested persons were allowed to address the Council regarding the Development Agreement.

Section 4. The City Council concurs with the findings and recommendations of the Planning Commission and finds that the Development Agreement is consistent with the City's General Plan as well as with all provisions of the City's Zoning and Subdivision Ordinance and Municipal Code. The Development Agreement will not be detrimental to the health, safety, and general welfare of the City's residents, and will not adversely affect the orderly development of property or the preservation of property values. The City Council has considered the effect of the Development Agreement on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources by requiring a public benefit and community events contribution by the applicant.

Section 5. The City Council finds that this Development Agreement will not result in any significant changes to the character or use of properties in the City and is not a project with the potential for causing a significant effect on the environment requiring California Environmental Quality Act (CEQA) analysis.
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Section 6. The Development Agreement included as Exhibit 1 is hereby approved, subject to minor and clarifying revisions approved by the City Manager and City Attorney, and the City Manager is authorized and directed to sign it on behalf of the City of Gustine. 1, Melanie Correa, Deputy City Clerk of the City of Gustine, hereby certify the foregoing Ordinance was introduced on , 2022 and second reading and adoption was approved on , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

PAT NAGY, MAYOR
ATTEST:

MELANIE CORREA, CITY CLERK
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EXHIBIT 1
Recorded at request of:

City of Gustine
352 Fifth Street
Gustine, CA 95322
When recorded return to:

City of Gustine
Attention: City Clerk
352 Fifth Street,
Gustine, CA 95322
[INSERT OWNER]
Exempt from filing fees pursuant to Government Code §6103

A DEVELOPMENT AGREEMENT

BETWEEN
CITY OF GUSTINE, a municipal corporation,
AND
FLAVOR FARMS GUSTINE, a California Limited Liability Company 28859.00023\40663313.1

DEVELOPMENT AGREEMENT
This Development Agreement (hereinafter "Agreement") is entered into as of this day _ 2022 by and between the City of Gustine (hereinafter "City") and Flavor Farms Gustine, i Calitain riced to a ta Company (tective as Oric Chi Agreement are sometimes

RECITALS
WHEREAS, City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and
WHEREAS, this Agreement constitutes a current exercise of City's police powers to provide predictability to Owner in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of development in exchange for Owner's commitment to provide significant public benefits to City as set forth in this Agreement; and WHEREAS, Owner has requested City to enter into a Development Agreement to provide for the unique development concerns and opportunities presented by establishment of commercial cannabis uses in the City, and proceedings have been taken in accordance with the rules and regulations of City; and
WHEREAS, the best interests of the citizens of the City and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, the City Council has determined that this Agreement is in conformance with the goals, policies, and objectives of the General Plan, consistent with State law and City requirements, and will help realize positive growth and development of the City to the benefit of City residents; and
WHEREAS, all actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Government Code Section 65864, et seq. are intended;

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
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DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 "Agreement" means this Development Agreement.

1.1.2 "City" means the City of Gustine, a California municipal corporation.

1.1.3 "City Manager" means the City Manager of Gustine or his or her designee.

1.1.4 "City Council" means the duly elected city council of the City

1.1.5 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the use, maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion of the Project.

1.1.6 "Development Approvals" means all permits and other entitlements for use subject to approval or issuance by City in connection with development of the Property including, but not limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits and plot plans; (d) zoning approvals;
(e) grading and building permits.

1.1.7 "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.8 "Development Impact Fee" a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park "in lieu" fees specified in Government Code Section 66477, fees for processing applications -2-
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for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4.

1.1.9 "Development Plan" means the plan for development of the Property as set forth in Exhibit "C".

1.1.10 "Effective Date" means the date the ordinance approving and authorizing this Agreement becomes effective.

1.1.11 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.12 "Owner" means the persons and entities listed as Owner on page 1 of this Agreement and their successors in interest to all or any part of the Property.

1.1.13 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.14 "Project" means the development of the Property for commercial cannabis uses contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.15 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement.

1.1.16 "Public Benefit" refers to those benefits provided to the City and the community by Owner pursuant to Section 4.2 below.

1.1.17 "Reservation of Rights" means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and rescrved to City under Sections

3.3 and 7.3 of this Agreement.
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1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit "A" - Legal Description of the Property.

Exhibit "B" - Map showing Property and its location.

Exhibit "C" - Development Plan.

GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan and this Agreement.

2.2 Ownership of Property. Owner represents and covenants that it is the owner of the fee simple title to, or has an equitable interest in, the Property or a portion thereof.

2.3 City Council Findings. The City Council finds that:

2.3.1 This Agreement is consistent with the City's General Plan.

2.3.2 This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, enhances effective utilization of resources within the City.

2.3.3 This Agreement provides public benefits beyond those which are necessary to mitigate the development of the Project.

2.3.4 This Agreement strengthens the public planning process, encourages private participation in comprehensive planning and reduces costs of development and government.

2.3.5 The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement.

Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of three (3) years thereafter, unless this term is modified or extended pursuant to the provisions of this Agreement. Thereafter, the Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid any Development Impact Fee.

2.5 Assignment.

2.5.1 Right to Assign. Owner shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such -4-
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sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:

No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.

Concurrent with any such sale, transfer or assignment, Owner shall notify City, in writing, of such sale, transfer or assignment and shall provide City with an executed agreement ("Assignment and Assumption Agreement"), in a form reasonably acceptable to City, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties, obligations, agreements, covenants, waivers of Owner under this Agreement, including, without limitation, the covenants not to sue and waivers contained in Sections 6.2and 7.4 hereof.

Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.5.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed.

2.5.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring Owner shall continue to be obligated under this Agreement with respect to the transferred Property or any transferred portion thereof, unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of the following conditions:
(a) Owner no longer has a legal or equitable interest in all or any part of the Property subject to the transfer.
(b) Owner is not then in default under this Agreement.

Owner has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 2.5.1 above. (d) The purchaser, transferee or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder.

Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.
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2.5.4 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project, prior to the issuance of a certificate of occupancy for any portion of the Project.

Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all Parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement.

2.6.1 Major Amendments. Any amendment to this Development Agreement which affects or relates to (a) the term of this Agreement; (b) permitted uses of the Property; (c) provisions for the reservation or dedication of land; (d) changes to conditions, terms, restrictions or requirements applicable to subsequent discretionary actions; (e) an increase in the density or intensity of use of the Property or the maximum height or maximum gross square footage; or (f) monetary contributions by Owner, shall be deemed a "Major Amendment" and shall require giving of notice and a public hearing before the Planning Commission and City Council. Any amendment which is not a Major Amendment shall be deemed a Minor Amendment. The City Manager or his or her delegate shall have the authority in its reasonable discretion to determine if an amendment is a Major Amendment subject to this Section or a Minor Amendment. The City Manager's determination may be appealed to the City Council.

2.6.2 Minor Amendments. The Parties acknowledge that refinement and further implementation of the Project may demonstrate that certain minor changes may be appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that clarifications, minor changes, or minor adjustments are necessary or appropriate and do not constitute a Major Amendment, they shall effectuate such clarifications, minor changes or minor adjustments through a written Minor Amendment approved in writing by the Owner and City Manager. Minor amendments authorized by this subsection shall not constitute an "amendment" for the purposes of Government Code sections 65867, 65867.5, and 65868. Unless otherwise required by law, no such Minor Amendment shall require prior notice or hearing, nor shall it constitute an amendment to this Agreement.

2.7 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.4. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.

The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Expiration or termination of any operating agreement for the Property as set forth in Section 3.3.4(ii).
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Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement.

2.8 Notices.

As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder.

All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows:

If to City: City of Gustine
Attn: City Manager
352 Fifth Street
Gustine, California 95322
Copy to: Best Best & Krieger LLP
Attn: Gustine City Attorney
500 Capitol Mall, Suite 1700
Sacramento, California 95814
If to Business Owner:

Flavor Farms Gustine, LLC
2813 Canyon Falls Drive
Modesto, CA 95341
Attn: Andres Sanchez
Telephone: 209-324-3853
E-Mail: [email protected]
Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.
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3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservation of Rights, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement. Except as expressly provided otherwise herein, the Project shall remain subject to all Land Use Regulations and Development Approvals, whether in effect on the Effective Date or subsequently adopted or amended, that are required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revising the Land Use Regulations pursuant to Government Code section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Land Use Regulations and Development Approvals, whether in effect on the Effective Date or subsequently adopted or amended. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project.

Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Land Use Regulations and Development Approvals, whether in effect on the Effective Date or subsequently adopted. In connection with any subsequently imposed Development Approvals and except as specifically provided otherwise herein, City may exercise its discretion in accordance with the Land Use Regulations then in effect, as provided by this Agreement, including, but not limited to, the Reservation of Rights. City shall accept for processing, review and action all applications for subsequent development approvals, and such applications shall be processed in the same manner and the City shall exercise its discretion, when required or authorized to do so, to the same extent it would otherwise be entitled in the absence of this Agreement.

3.3 Reservation of Rights.

3.3.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the development of the Property:
(a) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City's Building Code, Plumbing -8-
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Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the City or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, City shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes.
(e) | Regulations that may be in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement.
(f) Regulations that are not in material conflict with this Agreement or the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to development of that Property in which the Owner has a legal or equitable interest. (h) Regulations that impose, levy, alter or amend fees, charges, or Land Use Regulations relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (i) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City.

3.3.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on subsequent development approvals and to the same extent it would otherwise be authorized to do so absent this Agreement, from applying subsequently adopted or amended Land Use Regulations that do not materially conflict with this Agreement.

3.3.3 City's Good Faith in Processing. Subject to the reserved discretionary approvals set forth in this Agreement, the City agrees that it will accept, in good faith, for processing, review and action, all complete applications for zoning, special permits, development permits, tentative maps, subdivision maps or other entitlements for use of the Property in accordance with the General Plan and this Agreement. The City shall inform the Owner, upon -9-
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request, of the necessary submission requirements for each application for a permit or other entitlement for use in advance, and shall review said application and schedule the application for review by the appropriate authority.

3.3.4 Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

The Parties recognize that California has adopted, through ballot initiative and California legislative enactments, the Medical and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), and may adopt through initiative or legislative action other laws and regulations pertaining to either medical or adult use of cannabis. The Parties intend through this Agreement that Owner shall have the right to cultivate, distribute, and sell at retail cannabis as allowed by the current MAUCRSA, or any other law or initiative adopted in California pertaining to the cultivation, distribution and retail sale of cannabis. To the extent the changes in California law change the legal process or structure by which cannabis cultivators, distributors or retailers can or may operate (i.e., for-profit vs non-profit entities, size and number of licenses, etc.), the Parties intend this Agreement to be flexible to allow such changes and may alter the procedures specified herein, by Operating Agreement as defined below, or otherwise, as may be necessary.

Operating Agreement. The provisions of this Agreement require a close degree of cooperation between City and Owner. It is anticipated due to the term of this Agreement that refinements to the approvals may be appropriate with respect to the details of performance of City and Owner. Accordingly, Owner shall retain a certain degree of flexibility as provided herein with respect to the matters, items and provisions covered in general under this Agreement for land use and development of the Property; provided, however, that City shall retain a certain degree of control with respect to the operational and regulatory requirements of the commercial cannabis uses operating on the Property as a business in the City. City and Owner thus mutually understand and agree that Owner shall remain at all times subject to the conditions and requirements of the Operating Agreement entered into between City and Owner, in accordance with Chapter 5-8 of the Gustine Municipal Code, and nothing in this Agreement shall be construed to override or preempt such Operating Agreement with regard to the operational requirements and conditions of the cannabis business. If City and Owner find it necessary or appropriate to make changes, adjustments or clarifications to the business and regulatory licensing and operations of the cannabis business on the Property, the Parties may make such changes to the Operating Agreement executed by the Parties. The Operating Agreement, and any changes thereto, shall not constitute an amendment to this Agreement. The City Attorney shall be authorized upon consultation with Owner, to determine whether a requested modification or clarification to the uses or business may be effectuated under the Operating Agreement pursuant to this Section or whether the requested modification or clarification is of such character to constitute an amendment to the Agreement. The authority to enter into such Operating Agreement is hereby delegated to the City Manager, and the City Manager is hereby authorized to execute any Operating Agreement or amendments hereunder without further City Council action. -10-
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3.3.5 Intent. The Parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement's express terms so restricted.

Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of the City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.

3.5 Timing of Development. The Owner shall be obligated to comply with the terms and conditions of the Development Approvals and this Agreement at those times specified in either the Development Approvals or this Agreement. The Parties acknowledge that the Owner cannot at this time predict with certainty when or the rate at which the Property will be developed. Such decisions depend upon numerous factors which are not all within the control of the Owner, such as market orientation and demand, interest rates, competition and other factors. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the Parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development controlling the Parties' agreement, it is the intent of City and the Owner to hereby acknowledge and provide for the right of the Owner to develop the Project in such order and at such rate and times as the Owner deems appropriate within the exercise of its sole and subjective business judgment, subject to the terms, requirements and conditions of the Development Approvals and this Development Agreement. acknowledges that such a right is consistent with the intent, purpose and understanding of the Parties to this Development Agreement, and that without such a right, the Owner's development of the Project would be subject to the uncertainties sought to be avoided by the Development Agreement laws, (California Government Code § 65864 et seq.), City Council findings, and this Agreement. The Owner will use its best efforts, in accordance with their business judgment and taking into consideration market conditions and other economic factors influencing the Owner's business decision, to commence or to continue development, and to develop the Project in a regular, progressive and timely manner in accordance with the provisions and conditions of this Agreement and with the Development Approvals.

3.6 Conditions, Covenants and Restrictions. Owner shall have the ability to reserve and record such covenants, conditions, and restrictions (CC&Rs) against the Property as Owner deems appropriate, in its sole and absolute discretion. Such CC&Rs may not conflict with this Agreement or the General Plan. Before recording any CC&Rs, Owner shall provide a copy of the CC&Rs to the City for review and approval by the City Attorney. The City Attorney's review shall be limited to determining if the CC&Rs substantially comply with this Agreement. Within thirty (30) days after receiving a copy of the proposed CC&Rs from Owner, the City Attorney shall provide Owner with either (i) a statement that the CC&Rs comply with this Agreement ("CC&R Approval") or (ii) written comments identifying each aspect of the CC&Rs which the City Attorney believes not to be in compliance with this Agreement (a "Statement of Non- Compliance"). If the City Attorney fails to provide Owner with either CC&R Approval or a Statement of Non-Compliance within thirty (30) days following a written request by Owner, City -11-
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shall be deemed to have approved the CC&Rs and Owner may record the CC&Rs against the Property. If the City Attorney provides a Statement of Non-Compliance, Owner shall have thirty (30) days in which to respond to the Statement of Non-Compliance. Upon submittal of Owner's response, the procedure described above for the initial submittal and City Attorney review of proposed CC&Rs shall again be followed. This procedure shall be followed until Owner either (1) receives CC&R Approval, (2) submits the compliance issues to binding arbitration pursuant to the rules of the American Arbitration Association, (3) files an action for declaratory relief in Merced County Superior Court seeking a judicial determination of the compliance of the proposed CC&Rs, or (4) agreement is otherwise reached between the Parties allowing for the recording of the CC&Rs. The CC&Rs may run with the land and bind Owner's successors and assigns. Except as provided above, any dispute between the Parties regarding the City's approval or rejection of the CC&Rs shall be subject to immediate and binding arbitration pursuant to the rules of the American Arbitration Association.

4. PUBLIC BENEFITS.

Intent. The Parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on Owner that should be balanced by commensurate public benefits. Accordingly, the Parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project.

4.2 Public Benefits. In addition to complying with the Project conditions of approval which are designed to mitigate any significant environmental impacts of the Project, Owner has committed by this Agreement to contribute to the acquisition, construction and maintenance of certain "Public Benefits" through payment of "Community Benefit Fees" to the City. The Community Benefit Fees shall be paid by Owner to City, as mutually agreed in writing in the Operating Agreement executed by the Parties and referenced in Section 3.3.4(ii) of this Agreement and incorporated herein by this reference, to provide for projects, programs, and other services and activities that will positively contribute to the community and account for the adverse impacts or increases in need for services caused by the operation of a commercial cannabis business in the City. Payment of such Community Benefit Fees, as applicable and agreed to by the Parties in the Operating Agreement, shall remain an obligation and condition of this Agreement to ensure that development of the Project according to the Development Plan remains commensurate with the public needs of the City.

4.3 Development Impact Fees.

4.3.1 Time of Payment. Unless otherwise specified herein, City-imposed development impact fees applicable to the Development, and sewer and water connection fees shall be due and payable by the Owner prior to the issuance of a certificate of occupancy for the building in question.

4.3.2 Future Development Impact Fees; Increases. The Parties hereby agree that the Project shall be subject to the imposition of any Development Impact Fee that becomes effective after the Effective Date of this Agreement. In addition, the Project shall be subject to -12-
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(as opposed to revising such fees on an ad hoc basis that applies solely to the Project) prior to the Owner obtaining a certificate of occupancy, then the Owner shall thereafter pay the revised fee.

The Owner may, at its sole discretion, participate in any hearings or proceedings regarding the adjustment of such fees. Nothing in this Agreement shall constitute a waiver by the Owner of its right to challenge such changes in fees in accordance with applicable law provided that the Owner hereby waives its right to challenge the increased fees solely on the basis of any vested rights that are granted under this Agreement.

4.3.3 Prepayment. In no event shall the prepayment of any Development Impact Fees required hereunder establish a vested right on the part of Owner or any other owner of the Property or any person or entity with an interest therein to develop the Project or the Property following the expiration, cancellation or termination of the Term of this Agreement. Following the expiration, cancellation or termination of this Agreement, all Development Impact Fees then in effect shall be applicable to the Project and Property notwithstanding any provision of this Agreement and notwithstanding any prepayment.

4.4 Wastewater Treatment Capacity. The Owner shall pay the applicable connection charge in effect pursuant to City-wide ordinance at the time of building permit issuance, if applicable. The Owner acknowledges that connection charge may increase substantially over time and increases may be substantial.

4.5 Reimbursement for Property Taxes. Prior to issuance of building permits, Owner shall record a covenant on the title to the Project site regarding property tax payments. The covenant shall include a permanent obligation for the property owner to make payments to the City in lieu of the City's share of otherwise-required property taxes in the event that the Property is acquired or master leased by an entity exempt from payment of property taxes. Wording of the covenant is subject to review and approval of the City Attorney.

4.6 Financing Of Public Improvements. Owner may propose, and if requested by City shall cooperate in, the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. To the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, Owner may be reimbursed to the extent that Owner spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the Parties that nothing contained in this Agreement shall be construed as requiring City or the City Council to form any such district or to issue and sell bonds.

5. REVIEW FOR COMPLIANCE.

5.1 Periodic Review. The City shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the compliance by Owner with the terms of the Agreement. Owner shall submit an Annual Monitoring Report, in a form acceptable to the City Manager, within thirty (30) days after written notice from the City Manager. The Annual -13-
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Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council.

5.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City Manager, or his or her designee, shall conduct such special reviews.

5.3 Procedure.
(a) During either a periodic review or a special review, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on Owner.

Upon completion of a periodic review or a special review, the City Manager, or his or her designee, shall submit a report to the Planning Commission setting forth the evidence concerning good faith compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue.
(c) If the Planning Commission finds and determines on the basis of substantial evidence that Owner has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
(d) If the Planning Commission finds and determines on the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement, the Commission may recommend to the City Council modification or termination of this Agreement. Owner may appeal a Planning Commission determination pursuant to this Section

5.3 (d) pursuant to City's rules for consideration of appeals in zoning matters then in effect. Notice of default as provided under Section 6.3 of this Agreement shall be given to Owner prior to or concurrent with proceedings under Section 5.4 and Section 5.5.

5.4 Proceedings Upon Modification or Termination. If, upon a finding under Section .3, City determines to proceed with modification or termination of this Agreement, City shall give vritten notice to Owner of its intention so to do. The notice shall be given at least ten (10) calenda days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not City proposes to terminate or to modify the Agreement; and,
(c) Such other information that the City considers necessary to inform Owner of the nature of the proceeding.

Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be -14-
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required to demonstrate good faith compliance with the terms and conditions of this Agreement.

The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final.

5.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by most recent Periodic or Special Review and based upon the information known or made known to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder.

Whether or not the Certificate is relied upon by assignees or other transferees or Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager or City Council.

6. DEFAULT AND REMEDIES.

6.1 Remedies in General. It is acknowledged by the Parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the Parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in damages to Owner, or to any successor in interest of Owner, or to any other person, and Owner covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

6.2 Release. Except for non-monetary remedies, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments to the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms - 15-
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of this Agreement. Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases.

Owner's Initials
Termination or Modification of Agreement for Default of Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement, or to comply in good faith with the terms of this Agreement hereinafter referred to as "default"); provided, however, City may terminate or modify this Agreement pursuant to this Section only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured, Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.

6.4 Termination of Agreement for Default of City. Owner may terminate this Agreement only in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.

7. LITIGATION.

7.1 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attoreys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, or the approval of any permit granted pursuant -16-
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to this Agreement. City shall promptly notify Owner of any claim, action, proceeding or determination included within this Section 8.1, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, proceeding or determination, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, proceeding or determination.

7.2 Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such action.

7.3 Reservation of Rights. With respect to Section 7.1 and Section 7.2 herein, City reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor.

7.4 Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. In the event of any breach of the covenant or waiver contained herein, City shall, in addition to any other remedies provided for at law or in equity, be entitled to:
(a) impose and recover (at any time, including after sale to a member of the public or other ultimate user from the party breaching such covenant or waiver, the full amount of Development Impact Fees that the breaching party would have been required to pay in the absence of this Development Agreement; and (b) impose any subsequently adopted land use regulation on those land use approvals for which the breaching party had not, as of the time of such breach, obtained a building permit.

Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
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"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases.

Owner's Initials
Prevailing Wages. Owner acknowledges the requirements of California Labor Code $1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects, as defined. If work on- or off-site improvements pursuant to this Agreement is being performed by Owner as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Owner agrees to fully comply with such Prevailing Wage Laws. Owner understands and agrees that it is Owner's obligation to determine if Prevailing Wages apply to work done on the Project or any portion of the Project. Upon Owner's request, the City shall provide a copy of the then current prevailing rates of per diem wages. Owner shall make available to interested Parties upon request, copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the work subject to Prevailing Wage Laws, and shall post copies at the Owner's principal place of business and at the Project site. Owner shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless pursuant to the indemnification provisions of this Agreement from any claim or liability arising out of any failure or alleged failure by Owner to comply with the Prevailing Wage Laws associated with any "public works" or "maintenance" projects associated with Project development.

7.6 Survival. The provisions of this Section 8, inclusive, shall survive the termination of this Agreement.

8. MORTGAGEE PROTECTION.

The Parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is -18-
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consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitied to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereot, which Mortgagee, has submitted a request in writing to the City in the manne pecified herein for giving notices, shall be entitled to receive written notification from City of an default by Owner in the performance of Owner's obligations under this Agreement.

If City timely receives a request from a mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement.

9. MISCELLANEOUS PROVISIONS.

9.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Merced County Recorder by the Clerk of the City within ten (10) days after the City enters into the Agreement, in accordance with Section 65868.5 of the Government Code. If the Parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall have notice of such action recorded with the Merced County Recorder.

9.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
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9.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.

Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

9.6 Singular and Plural. As used herein, the singular of any word includes the plural.

9.7 Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one Owner, all obligations of such Owners under this Agreement shall be joint and several, and the default of any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no Owner of a single lot that has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as expressly provided for herein.

9.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

9.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

9.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

9.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government -20-
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regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the Term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance, provided that the Term of this Agreement shall not be extended under any circumstances for more than five (5) years.

9.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

9.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion

9.14 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.

9.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Merced, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

9.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that cach party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property.

9.17 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. -21-
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9.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.

9.19 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto.

9.20 Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the Parties hereto have executed this Development Agreement on the last day and year set forth below.

Owner
Flavor Farms Gustine, a California
Limited Liability Company
By:

Its:

Dated:

City
City OF GUSTINE, a California municipal
corporation
By:

Brad Kilger,
Interim City Manager
Dated:

ATTEST:

By:

Melanie Correa
City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
Ann Siprelle
City Attorney
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EXHIBIT "A"
Legal Description of the Property
Property: 355 4* Street, Gustine CA 95322
APN: 020-044-015
Zoning: C-l Downtown Commercial
POR. SEC.BO T.8S.,R.E., M.D.B.&M. Tax Rate Are 02-014 ARANCHED: 311 20-04 SECOND
= * ST
16 ALTA
8 THIRD
THIRD AVE.
00:1
HWY.
8 ® : 046
OO
25 FOURTH 24 22
0044) 40200
" (g
SECOND
30 (0)
®

REVISES
Town of Gustine R.M. VOL 3, PG 27 NOTE. themors deck Number Sat Issessor's Map Bk.20 - Pg.04

FOURTH AVE
Count of Marced, Calit 1953
28859.00023\40581673.1
EXHIBIT "B"
Map of the Property

PROJECT DATA

BROJECT SUE A TYPE

FLAVOR FARMS
355 4TH STREET
GUSTINE, CA. 95322
A.P.N. 020-044-015
40' WIDE ALLEY

PROJECT SUUMANY

VICINITY MAP COVER SMEET AND SITE FLAN

EASING COUVERCHL

ECT SITE
elevation

RROJECT SITE

DING CASTATU
4TH STREET SITE PLAN: 1"= 10° cs
Miller Park
28859.00023\40581673.1
EXHIBIT "C"
Development Plan
(Begins on following page)
28859.00023\40581673.J

DEVELOPMENT PLAN
Flavor Farms LLC
Project Description
Property
355 4'h Street, Gustine CA 95322
APN: 020-044-015
Zoning: C-1 Downtown Commercial
Business Owner: Flavor Farms LLC
Property Owner: Amandeep Singh and Andres Sanchez
Project Overview:

Flavor Farms Gustine LLC (Hereinafter referred as Flavor Farms) proposes a commercial cannabis multi-use facility inclusive of indoor cultivation and distribution activities. Flavor Farms shall obtain all required State Licenses from the Department of Cannabis Control.

The subject site is located at the above address within the City of Gustine within the C-1 Downtown Commercial Zone and Retail Business District General Plan Designation Area.

Number of Employees (Full Time): Cultivation (5); Distribution (3); (8) (Maximum/Shift) [Combined Activities]
Total Maximum Number of Employees on Site: (15)
Hours of Operation: The hours of operation at the facility shall be from 7:00 am to 7:00 pm, Monday through Sunday.

Cultivation Procedures
There are three (3) stages involved in the cultivation phase including 1) Propagation; 2) Vegetation; and 3) Flowering.

Once the facility is fully operational, each stage of cultivation will take place simultaneously in different grow rooms throughout the facility. These 'grow rooms' shall include two (2) Flower Rooms wherein cannabis plants shall be grown to full maturity with flowers to be harvested therefrom. During hours of operation, a team of five (5) full-time Cultivation Technicians will be responsible for management of the Cultivation process throughout the cultivation area of the facility. Depending on the clones sourced from other third-party, State licensed nurseries, propagation and Vegetation may also take place within these "Flower Rooms'.

Cultivation Lighting Wattage: 50-Watt Lights used for Propagation; 200-Watt Lights will be used for Vegetation; and 1,000-Watt Lights will be used for Flowering. 28859.00023\40396539.1 1
During each phase of cultivation, cultivation technicians will monitor the cultivation systems in each room. These systems will be comprised of either 50-watt, 200-watt and 1,000-watt cultivation lamps, on-site water tanks which will be filled from the main water line and drawn into an automated nutrient injection system with irrigation lines running to each room where the plants will be fed, air-conditioning, dehumidification, and ventilation systems, as well as Sonic Wave Harmonizers which stimulate the plants stomata, aiding plant growth.

Moreover, all three stages involve implanting seeds, or plants in varying stages of growth into soil pots and/or soilless, organic mediums which will facilitate the transfer of water and nutrients from the facility's water tanks through an automated nutrient injection system to each individual plant.

Following Flavor Farms' receipt of a State license to operate, each stage will also involve the repeated application of unique identifiers and recording of data into the State's "Track and Trace System" as the plants mature through the various phases.

The on-site operations manager will monitor the cultivation technicians, advise them as to best practices, and enter information into the State's "Track and Trace" system as necessary during each shift.
1) Propagation-At the onset of the propagation stage, cultivation technicians will implant cannabis seeds or immature clones into a small organic medium comprised or rock-wool where, during a two-week period the plantings will sit under 50-Watt lamps with eighteen (18) hours of light and six (6) hours of darkness to take root prior to the vegetation stage. Propagation may take place within Grow Room (s) 1 and 2.
2) Vegetation-At the onset of the vegetation stage, the same organic mediums with plantings intact will be placed by technicians into larger organic mediums or soil pots, where, during a three to four-week period the immature plants will sit under 200-Watt lamps with eighteen (18) hours of light and six (6) hours of darkness as they develop more robust stalks to support themselves prior to the flowering stage. Vegetation may also take place within Grow Room (s) 1 and 2.
3) Flowering (Mature Canopy Area)-At the onset of the flowering stage, the same organic mediums with now mature plants intact will be transferred from one of the 'Vegetation' Grow Rooms and placed by technicians into even larger organic mediums, or soil pots within the Flower Rooms' where, during a seven to nine-week period they will sit under 1,000-Watt lamps with twelve (12) hours of light and twelve (12) hours of darkness, causing the plant flowers to bloom. Trellis infrastructure will be set up within these grow rooms to support the plants as they flower. Ten days into the flowering phase, the plants will be pruned by the cultivation technicians to optimize plant health, yield, and quality; Flowering will take place in Grow Rooms 1 and 2.
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Pest Management Plan:

List of Products and Active Ingredients:

All pesticides and chemicals shall be stored inside locked cabinets within the Chemical/Pesticide Storage Area adjacent to Grow Room 2. These shall be accessed only as necessary and returned to the storage cabinets where they shall remain securely stored upon completion of their application.

Regarding the use of Pesticides on the premises Flavor Farms shall:
1) Use only properly labeled pesticides and comply with all pesticide label directions; 2) Store all chemicals inside securely locked metal cabinets; 3) Immediately contain any chemical leak and clean up any spill; 4) Apply the minimum amount of product necessary to control the target pest; 5) Prevent any off-site drift;
Water Source, Distribution, and Conservation Measures: The irrigation and nutrient injection system utilized at the facility with the main infrastructure to be located in the Water Storage Tank Area will operate on a closed loop. Water drawn from the utility line will be transferred either directly or from storage tanks within the water room and distributed through an automated nutrient injection system with irrigation lines running to the cannabis plants in each room.

Internal grow room dehumidification systems create condensate which will be reclaimed and placed back into storage wells. 40% of the total water drawn and distributed through the system will be recaptured and reused with the remainder absorbed and evaporated. Reclaimed water registers contaminants at zero parts per million upon recapture. No water run through this system will be dumped into storm or sewer drains.

Processing:

There are three stages involved in the processing phase including 1) Harvest and 2) Trimming and 3) Packaging. During hours of operation, a team of Processing Technicians will be responsible for the Harvest and Trimming of Cannabis Flowers. 1) Harvest-Once the plants have flowered and are ready for harvest, processing technicians will remove the larger 'Sun Leaves' and extraneous organic material from the flowered plant stalks, leaving the flowers, and hang them in Harvested Cannabis Storage and/or Processing, Packaging and Labeling Room(s). The harvested flower stalks will hang to cure for a period of five (5) to eight (8) days prior to the Trimming Stage.
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Once fully operational, one grow room will be ready for harvest every seven (7) to ten (10) days.

The on-site operations manager will monitor the processing technicians, advise them as to bes ractices, and enter information into the State's 'Track and Trace' system as necessary durin each shift.
2) Trimming-Once the flowers have cured on the stalk, they will clipped them from their stalks by Cultivation Technicians, and hand trimmed to remove the finer leaves. Once fully trimmed, the flower from each plant will be separated into different "batches'. Each batch will be placed into a package to which a unique identifier will be applied. This process will take two (2) to three (3) days following each room being harvested.
3) Packaging- Once fully trimmed, the flowers from cach plant will be separated into different 'batches'. Each batch will be placed into a sealed package to which a unique identifier will be applied
During processing, the Operations Manager will monitor the cultivation technicians, advise them as to best practices, and enter information into the State's 'Track and Trace' system as necessary during each shift.

Cannabis Waste Destruction, Storage, and Disposal:

Upon accumulation of cannabis waste, such waste will be mixed with the spent organic mediums or soil utilized for delivery of water and nutrients to individual cannabis plants. The organic mediums and cannabis waste shall be co-mingled and ground down to a uniform mixture, such that the cannabis waste is destroyed and unrecognizable from its previous state. In the event a Flavor Farms' finished cannabis flower batch is not fit for wholesale or distribution, it shall be deemed cannabis waste and become subject to destruction and disposal.

Flavor Farms shall dispose of cannabis waste in a secured waste receptacle located in the Processing, Packaging & Labeling Room. As organic waste accumulates on site, cultivation technicians will be responsible for collecting and placing said waste into 50-gallon plastic storage totes which shall be secured within the Processing, Packaging & Labeling Room. Once the totes have reached capacity, the organic waste will be transferred to a fully permitted transfer/ processing facility or maned transfer/processing operation by Flavor Farms employees.

The Operations Manager will be responsible for monitoring the collection and disposal of waste and entering information into the State's "Track and Trace System" as necessary. Flavor Farms shall maintain comprehensive records regarding cannabis waste that accounts for, reconciles, and evidences all activity related to the generation or disposition of cannabis waste.

Distribution Procedures
The primary purpose of Flavor Farms' Distribution license and premises shall be to facilitate movement of cannabis produced at Flavor Farms' facility to licensees purchasing its products. 28859.00023\40396539.1 4
The primary activities involved in the operation of the distribution premises at the Flavor Farms' facility would involve the wholesale purchase and resale of cannabis goods, as well as the provision of contract services, for processing, packaging, storage for lab testing, and transportation of cannabis goods to licensed retailers and distributors, including cannabis flower, cannabis concentrates, and edible cannabis goods. All cannabis products purchased wholesale or taken in for service by Flavor Farms shall be sourced only from State licensed Cultivators, Manufacturers, and Distributors.

Such cannabis goods may arrive pre-packaged for distribution into the commercial market, or in bulk to be processed and packaged by Flavor Farms prior to testing and distribution to retailers and distributors.

All product transactions, including the physical transfer of cannabis goods, shall take place wholly within the secure facility structure.

Inventory Procedures and Record-Keeping
On-Site Product Transportation and Storage:

Following harvest of cannabis from one of the facility's Flower Rooms, Cultivation Technicians shall place the raw cannabis flower intact on the stalk and transport the product from the grow room to the centrally Harvested Cannabis Storage and/or Processing, Packaging & Labeling Room. The finished cannabis flower shall be hung from metal framing in the Dry room for a period of 5-7 days until it is ready for final cure. Once dried, the finished cannabis product shall be hung from metal framing for a period of 2-3 to cure days until ready for bulk packaging.

Once cured, the cannabis flower shall be processed, packaged, and labeled as individual batches of cannabis flower for storage.

The finished cannabis flower will be packaged in air-sealed Mylar Bags in 1-pound and 5-pound quantities and placed in lockable storage totes within the 'Storage Room' The bags and storage totes will be appropriately labeled with the Unique Identifier Number associated with the relevant Harvest Batch from which it came.

Once the finished product is appropriately bagged, organized, and labeled for storage, the plastic totes shall be pad-locked with lock keys accessible only to the Operations Manager.

The locked totes will then be transported directly into the Harvested Cannabis Storage room for storage until the product is shipped off-site by a licensed distributor.

The product is anticipated to remain in storage for no longer than two weeks, after which it shall be shipped for wholesale to state licensed Distributors. 28859.00023\40396539.1 5
Harvested Cannabis Storage [Limited Access Area:

The Harvested Cannabis Storage Room shall house Flavor Farms' finished cannabis flower batches within this room. It shall be accessible only to the Security Manager, Operations Manager and Flavor Farms Executives.

The Harvested Cannabis Storage Room shall be climate controlled via the facility HVAC system with complimentary dehumidifiers and ventilated with appropriate air filtration systems including wall-mounted circular fans integrated with the HVAC and including at least one (1) industrial carbon filter to ensure that no offensive odor emanates outside of the facility.

The Harvested Cannabis Storage Room shall be monitored by interior surveillance cameras accessible to Security Administrators, the Operations Managers, the Site Security Manager, Security Administrators, Flavor Farms Executives, as well as the Gustine Police Department upon request.

Office:

The office will serve as the central location for Management and Administration for operation of Flavor Farms' facility. It will also house the facility's computer systems and administrative equipment, as well as records and documentation required to be housed on site under City of Gustine Municipal Code and State Law.

These records shall be maintained by Flavor Farms for a period of seven (7) years and shall be made available to the City of Gustine upon request. In addition to all other formats that Flavor Farms may maintain, these records shall be stored or produced on location in a printed format upon request.

Any loss, damage or destruction of the records shall be reported to Gustine Police Department within 24 hours of the loss, destruction or damage.

Record Keeping:

Flavor Farms tenant-operators will maintain the following records on premises including but not limited to:

1. All Cultivation and Distribution Permits and licenses; Cultivation and Distribution Plans and Operating Procedures; All records evidencing compliance with environmental protection measures;

4. All supporting documentation for data or information input into the track-and- trace system;

5. All unique identifiers (UID's) assigned to product in inventory and all unassigned UID's. UID's that have been retired from the track-and-trace system shall be maintained for six (6) months after the tags are retired;

6. Financial records including but not limited to bank statements, tax records, sales invoices, and sales receipts;
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7. Personnel records, including each employee's full name, social security, or tax ID number, date of beginning employment, and date of termination of employment where applicable;
Records related to employee training for the track and trace system including the date(s) training occurred, description of the training provided, and the names of the employees that received the training;

9. Contracts with other state licensed cannahis businesses;

10. Security Records;

11. Records associated with the disposal of cannabis waste;

12. Documentation associated with any loss of access to the track-and-trace system;
Inventory Control and Record Keeping:

In addition to utilizing Metro for purposes of tracking and reporting commercial cannabis inventory and transactions as required by the State, Flavor Farms shall maintain an in-house inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products it intends to place into the commercial market for all stages of the growing and production or manufacturing, laboratory testing, and distribution processes until purchase as set forth under MAUCRSA.

Flavor Farms shall maintain such books and records in an electronic format detailing all revenues and expenses of the business, as well as its assets and liabilities. Such records will include monthly statements detailing the number of sales under each permit, respectively, including gross receipts for each month and all applicable taxes paid or due to be paid. Such records shall also demonstrate that all cannabis or cannabis products have been obtained from and are provided to other locally and state permitted and licensed cannabis operations.

Sales and Invoicing:

Flavor Farms shall prepare a sales invoice or receipt, along with an electronic manifest for every sale or transport of cannabis product to another licensee.

Each sales invoice shall include:

1. Flavor Farms' name, business address, and license numbers;

2. The purchaser's name, business address and license numbers;

3. The date of sale or transfer to the licensee receiving the cannabis product;

4. An invoice or receipt number;

5. The weight or quantity of cannabis product sold;

6. A description for each item including strain or cultivar;

7. The signature of the Flavor Farms representative authorized to make the sale or transfer acknowledging the accuracy of the cannabis products being shipped;

8. The signature of the purchaser or designated representative, acknowledging receipt or rejection of the cannabis product.
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Reporting and Tracking of Product and of Gross Sales:

Flavor Farms shall maintain a point of sale and inventory management and tracking system to rack and report all aspects of the commercial cannabis activity in which it engages, includin racking product, inventory data, and gross sales (by weight and by sale Non-Laboratory Quality Control Procedures
Preventing Deterioration and Response to Product Recalls:

Flavor Farms shall ensure the interior and exterior of its premises are maintained in an orderly and cleanly manner to avoid the accumulation of dust, standing water, mold, bacteria, or any other microbiological contaminants by:

1. Daily sweeping and mopping with a sanitizing agent of the interior premises where cannabis goods are handled or stored;

2. Maintaining the internal temperature of the licensed premises at approximately 70 degrees Fahrenheit;

3. Ensuring all interior and exterior drainage systems are in good working order to prevent standing water which could become a harborage for pests;

4. Ensuring all openings to the facility are properly sealed, including doors, windows, vents, etc., to avoid pests from entering the building;

5. Storing cannabis goods in a dimly lit, cool atmosphere;

6. Performing regular maintenance on the commercial HVAC systems to ensure effective temperature and environmental controls.

In the event Flavor Farms receives cannabis goods from a licensee that it discovers is either non- conforming or defective, Flavor Farms shall arrange for a return of such cannabis goods to the licensee from which the goods were obtained. Such cannabis goods shall be tagged and designated for returns and segregated from other inventory within the Processing, Packaging and Labeling Room prior to the return occurring. Flavor Farms shall arrange for such return by transmitting a shipping manifest to the licensee and Department of Cannabis Control indicating the return of such non-conforming or defective goods in exchange for conforming or non- defective goods. Once the shipping manifest is successfully transmitted to and confirmed by the licensee from which such goods were obtained, Flavor Farms shall transport the defective goods back to such licensee and execute an exchange for non-defective or conforming goods at the time of the return.

Proper Packaging and Labeling Prior to Sale:

Cannabis and cannabis products being transferred between licensees, including Flavor Farms' own Cultivation and Distribution Licensed premises, and its Distribution Inventory shall be segregated within separate batches or packages according to the sales invoice and/or shipping manifest for the relevant shipment or transaction. Prior to accepting cannabis goods into Distribution inventory, Flavor Farms shall compare the physical goods against the sales invoice and/or shipping manifest related to the particular-cannabis goods transaction. Such records 28859.00023\40396539.1 8
include the name, license number, date of production, batch number, and unique identifiers, when available, a description of the cannabis goods, the weight and/or quantity of units in the package, and the expiration or sell-by date, if applicable. Prior to acceptance of cannabis goods into its Distribution Inventory, such goods shall be physically inspected and visually scrutinized to ensure that all the above information is properly noted on the above referenced shipping records, as well as completely and accurately reflected on the cannabis goods packages and/or labels.

Testing the Products:

Flavor Farms shall quarantine and store all cannabis goods which are awaiting lab testing prior to transporting such products to Retailers within its distribution premises 'Batch Sampling Area' within the Room Labeled 'Processing, Packaging and Labeling Room. Such products shall be labeled accordingly and stored separately from other cannabis goods in Flavor Farms inventory within the Cannabis Product Storage Area, also located within the Processing, Packaging and Labeling Room.

Flavor Farms shall make testing arrangements within 24 hours of taking physical possession of cannabis goods batches, whereby lab testing representatives shall obtain representative samples of cannabis batches at Flavor Farms' facility which will then be taken to a lab testing facility for analysis.

Flavor Farms shall ensure cannabis goods batches taken into its possession are stored separately and distinctly from other cannabis goods batches on premises and be labeled with the following information:

1. The Name, License Number and Licensed Premises Address of the manufacturer or cultivator who provided the batch;

2. The date of entry into Flavor Farms storage area;

3. The unique identifiers and batch numbers associated with the batch;

4. A description of such cannabis goods with enough detail to easily identify the batch;

5. The weight of or quantity of units in the batch (not to exceed applicable limits based on the type of cannabis goods);

6. The best-by, sell by, or expiration date of the cannabis goods, if any. Flavor Farms shall ensure that its employees have no contact with such cannabis goods or sampling equipment by maintaining a physical distance of at least 5 feet from lab testing personnel during the sampling procedure.

Upon receipt of a certificate of analysis indicating a failed sample, Flavor Farms shall designate such cannabis goods as waste and place them in its waste holding and destruction area for on-site destruction, or transportation to a licensed manufacturer to attempt remediation.

In the event a cannabis goods batch associated with a failed sample is designated for transport to a manufacturer for attempted remediation, a shipping manifest shall be prepared and transmitted to such manufacturer, with confirmation of receipt to be obtained from the manufacturer prior to transporting such cannabis goods. Following remediation measures taking place, the cannabis 28859.00023\40396539.1
goods shall be transported back to Flavor facility where its shall be quarantined until it is retested
Upon receipt of certificate of analysis (COA) indicating cannabis goods in Flavor Farms' possession have met compliance standards, such the COA shall be filed, with the COA number to be entered into the appropriate field in Flavor Farms' inventory log. Accordingly, all cannabis goods which are packaged from such a batch shall be labeled with the batch number associated with the corresponding batch.

Flavor Farms shall enter in the track and trace system all information related to cannabis goods testing procedures conducted at its behest within 24 hours of batch sampling, or receipt of any COA related to batch sampling.

Following receipt of any certificate of analysis (COA) following testing procedures, Flavor Farms shall physically inspect and scrutinize such COA to ensure that COA corresponds to the appropriate batch sampled, and that all the information verified by Flavor Farms is accurately reflected on the COA, such as the time of sampling, batch number, as well as the weight, quantity, or number of units contained within the batch associated with the COA.

Disposal of Unused Cannabis:

In the event the cannabis goods are deemed waste and designated for destruction, Flavor Farms shall mix such cannabis waste in a 50-50 proportion with soil or organic mediums utilized in the Cultivation Process and grind the cannabis to a uniform mixture such that the cannabis waste is unrecognizable from its original form.

Transportation Procedures
Transferring/ Transporting Cannabis Products to and from Premises:

Plavor Farms intends to transport cannabis and cannabis products via its licensed Distribution operation.

Upon Transport of cannabis and cannabis products, Flavor Farms will store such cannabis in the rear cargo area of its distribution vehicle within a lockbox secured to the vehicle floor panel or a cage separating the cannabis cargo from the passenger area.

Cannabis goods shall be secured within containers placed into the secure lockbox, and or a cage as noted above. The vehicle shall always remain locked when a Flavor Farms employee is not present, with its burglar alarm system and permanently affixed GPS device activated The containers used for storage of cannabis are opaque, as is the lockbox within which the cannabis goods containers are stored. Finally, Flavor Farms' Distribution Vehicles shall be equipped with wall panels surrounding the cargo area, such that the contents of the cargo area are not visible or identifiable outside of the vehicle.

Each vehicle shall be equipped with an alarm system, which must be armed whenever the distribution driver is not in the vehicle and must be disarmed by the driver to enter or exit the vehicle. Finally, each vehicle shall have a permanently affixed, unique GPS number which allows dispatchers to track vehicle movement in real time. 28859.00023\40396539.1
10 Flavor Farms' Manager shall constantly monitor the present location of the Distribution Vehicle with the capability to remain in contact with the Distribution Driver during transportation of cannabis goods. Prior to arrival or departure from any licensed facility, Flavor Farms shal Coordinate with ali goes shale laud the premises died front the vecute yotes sety thirat learance has been verified by facility personnel
Odor Control Plan
Air Treatment Procedures:

Flavor Farms' Facility has been designed for the operation of Commercial Cannabis Cultivation, and Distribution uses. The facility will generate cannabis-related odors throughout the day.

However, the following odor mitigation plan shall limit and control the cannabis odor such that it is undetectable off site. In no case shall untreated air be vented outside of the facility.

The odor control and reduction system will include carbon filters, a commercial heating, ventilation, and air conditioning (HVAC) air ventilation system, and air-tight packaging. Each odor-emitting area will contain air filters and carbon filters to circulate and scrub the air throughout the workday.

A. Operational Processes and Maintenance Plan:

The Operations Manager will monitor and replace all filters according to the manufacturer's specifications and, as necessary, to maintain optimal operating performance. The filters will be integrated into an exhaust system. Exhaust will pass from cach filter into activated carbon filters before entering a sealed ducting system. Exhaust is then filtered through ceiling ventilation hatches before finally leaving the facility. Rooms with cannabis will operate under negative pressure (i.e. air seepage will come into the room rather than out of the room). Therefore, all indoor air will move through the HVAC system and thus the carbon filtration. Each room will also be insulated.

Flavor Farms' Operations Managers) will monitor and replace carbon filters per the manufacturer's instructions or as needed, to ensure optimal performance. Flavor Farms has considered several vendors whose products meet the standards of their odor control plan and their exemplary expectations. 'Active Air' carbon filters (or equivalent) will be used for Flavor Farms' air exchange system.

Once the Odor Control Mitigation Plan is fully approved and implemented, the Operations Manager will inspect the interior and exterior of the facility to evaluate the efficiency of odor control measures. Periodic odor testing will also be performed to both establish a baseline and to monitor mitigation efforts.

In the event of an emergency or power outage, Flavor Farms will have a backup generator for critical areas of the facility, thus odor control methods will continue to operate.

A. Staff Training Procedures:
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11 Following full implementation of the Odor Control Mitigation Plan including necessary orientation per manufacturers instruction and any consultation with equipment installation contractors, and odor control specialists, managers overseeing operations will conduct initial training with staff members in their respective departments. This training will include:
• Establishing staff knowledge and ability to effectively control and monitor both the HVAC and Air Filtration equipment;
• Tutorials on identifying system deficiencics or malfunctions; • Tutorials on replacement of filtration systems for both Activated Carbon Filters, and Filtered Air Ventilation units;
• Establishing schedule for inspection of facilities and Odor Control equipment to ensure effectiveness.

As systems are replaced, or upgraded, all Operations Managers and designees will be required to undergo subsequent orientations to familiarize themselves with new equipment or controls.

Accordingly, staff training will be conducted as needed, but no less than on a bi-annual basis.

B. Engineering Controls:

Carbon Filtration
Flavor Farms will utilize carbon filters throughout the facility as part of the odor control plan.

The cannabis facility will route air through a carbon filtration system, deodorizing the air before it exhausts to the exterior of the building. Industrial carbon filters are combined with 10" circular fans in each grow room. Activated carbon air filters, also known as charcoal impregnated air filters, are an effective method of removing and preventing odor buildup in recirculated air.

Charcoal impregnated air filters are an effective mitigator for organic based odors.

Carbon filtration employs a bed of activated carbon to remove contaminants and impurities, through chemical adsorption. Each granule of carbon has a large surface area, maximizing exposure to the active sites within the filter media. One pound (450 g) of activated carbon contains a surface area of approximately 100 acres (40 Hectares). Activated carbon works through the process of adsorption, whereby pollutant molecules in the fluid (air) to be treated, adhere to the carbon substrate. Active charcoal carbon filters are most effective at removing chlorine, sediment, volatile organic compounds (VOCs), taste and odor from both air and water.

This process physically and permanently removes odor causing molecules from the air; it does not mask the odor with another odor.

The more porous the activated carbon, the better, as this will increase the amount of surface space available for contaminants to adhere to when air passes through the filter. A combination of fresh-air wall-ports, filtered ceiling ventilation hatches and industrial grade carbon filters will remediate cannabis odors and act as a failsafe in case of HVAC failure.

HVAC System
In addition to carbon filters, Flavor Farms will augment the facilities filtered ceiling ventilation hatches to remediate odors, achieve temperature balance and to maintain air flow.

Flavor Farms may increase the number of air exchanges in the facility. The average HVAC system in a cannabis business has an average of ten to eighteen air exchanges per hour. Flavor 28859.00023\40396539.1 12
Farms will use a formula to determine the appropriate number of air exchanges necessary to scrub the air of unwanted odor. Flavor Farms has devised the following formula Cubic Feet of Room Space % 3 = Cubic Feet per Minute (CFM) of airflow necessary. Additional air exchanges increase the odor removal system as air passes through filters more often before being recirculated. Air exchanges also offer the added benefits of maintaining appropriate levels of humidity.

Insulation
Flavor Farms' facility shall be properly sealed and insulated. Flavor Farms will operate the rooms under negative pressure and insulate each room where cannabis odors are produced to limit air intake and maintain negative pressure. Employees will regularly inspect negative pressure rooms. In addition, the Operations Manager will ensure mechanical and ventilation systems are up-to-date and operating properly through daily inspections.

Additional Solutions
Flavor Farms will utilize air-tight packaging to limit odor. Each batch of cannabis product produced will be placed in an air-sealed container. Before a purchased cannabis product leaves Flavor Farms' facility, cannabis products will be sealed inside a tamper-evident, odor-locking package. Further, any cannabis products considered as waste will be mixed with soil and ground to a uniform mixture until the cannabis waste is undiscernible from its original form.

Flavor Farms believes these measures coupled with proactive maintenance will sufficiently eliminate odors that would otherwise emanate from the cannabis facility. In the unlikely event that these steps are not enough to mitigate odors, Flavor Farms is prepared modify their Odor Control Plan and take additional action based on community and state recommendations.

Government Documentation
In accordance with the state of California, Flavor Farms will provide copies of its records upon request. Records will include but will not be limited to the original Odor Control Plan, any changes/updates to the Odor Control Plan, maintenance, malfunctions, installations, and community complaints. If any renovations or modifications are made to the cannabis facility that modify the control of odor, Flavor Farms will submit an updated Odor Control Plan within 30 days of the modifications/renovation to City of Gustine.

Security Plan
Logistics and Operational Security Measures
Transactional Security-
Flavor Farms shall be responsible for transporting cannabis produced at its facility to other State licensed Distributors and Retailers via licensed Distribution Premises at the facility, and/or in limited circumstances, pickup of finished Cannabis Flower by other State Licensed Distributors.

Facility access shall be coordinated by the Operations Manager and Security Manager in collaboration with authorized vendors and staff members tasked with facilitating such transactions.

Product and Currency Transfers:
28859.00023\403965391
13 Transfers of product and currency in and out of the facility will be conducted only during hours of operation at random time intervals, with transporters using varying routes to and from the facility. Access in and out of the facility for Value Transfers will be facilitated through collaboration between the Operations Manager, Security Personnel and Flavor Farms Executives.

Prior to arrival or departure of a logistics vehicle, Operations Manager will monitor the surveillance system and maintain communication with the security staff member near the entrance to the facility to confirm that the facility is free of any security threat. The Security staff member will then authorize entry into and exit from the premises through the Roll up door to the Receiving Area adjacent to Grow Room 2.

Receipt of Shipment of Cannabis Goods at Distribution Premises:

The Distribution Receiving Area will be accessible only by the authorized Flavor Farms' personnel and vendors transacting business on site. Entry into the value transfer area will be facilitated by the Operations Manager and facility security personnel. Such transactions will take place by appointment only.

Following verification of identification and credentials of the Distribution Driver by the Security staff members, and the logistics vehicle gaining access to the premises, Distribution Drivers) will be directed to drive to the west side of the building to the roll-up door located at the shipping/loading/unloading area. Once the area is confirmed to be free of any security threat, the Security Manager will open the roll up door to allow the distribution driver into the facility with the product being shipped, then close and lock the roll-up door once the driver is inside. The distribution shipment shall then be verified against the purchase order and electronic manifest related to the transaction by the Operations Manager.

Following verification of the shipment, the cannabis product will be transferred by the Distribution Inventory Clerk into the Processing, Packaging and Labeling Room to be securely stored and locked. The Receiving Area will be monitored by exterior surveillance cameras accessible to the Operations Manager, Security Administrators, Flavor Farms' Executives.

Transport of cannabis goods to Licensees from Distribution Premises:

Shipments of cannabis goods to licensed distributors and retailers from the distribution premises shall originate from the Processing, Packaging and Labeling Room and shall ship from the Receiving Area which shall remain locked during preparation of shipments prior to departure.

All facility access points, including the roll-up door to the Receiving, shall remain closed and locked while the shipment is being loaded into the distribution vehicle. Prior to departure of the shipment, the Operations Manager shall coordinate with security staff to ensure that the premises and its general vicinity are free of any security threat.

Currency Transfers from Distribution Premises:

Currency will be transferred off-site at irregular intervals, with notification of such transfers only to the Operations Manager, security staff, Flavor Farms' Executives, and transporters contracted to facilitate such transfers.

Upon a transfer of currency off-site, after verification of credentials and access to the facility being granted by security staff, the transport vehicle will be directed to drive up to the west side of the facility. Once the transport vehicle is positioned at the Receiving Area, the roll-up door 28859.00023\40396539.1
14 will be opened to allow the courier inside of the facility, then immediately closed and locked.

The Distribution Manager will then transfer currency from the Distribution Premises to the logistics vehicle parked in the Receiving Area to be transported off site.

Distribution Driver Security:

Flavor Farms' distribution driver shall maintain a fully charged cellular phone enabling constant contact with Flavor Farms' Executives, as well as a Personal Distress Alarm which will notify Flavor Farms' Executives and Emergency Responders in the event of a security threat.

Distribution Vehicle Security:

All distribution vehicle doors shall remain locked with windows closed and secured when the vehicle is unoccupied. The Operations Manager on site at Flavor Farms' premises shall continuously electronically monitor the location of distribution vehicle(s) while in transit. The vehicles shall be outfitted with a dedicated, permanently affixed Global Positioning System (GPS) device owned by the Flavor Farms' tenant-operator to determine its current geographic location. The vehicles shall also be outfitted with an active vehicle alarm system, which shall be activated at any time the Distribution driver is not present with the vehicle.

During off hours, Flavor Farms' distribution vehicle shall be stored within the Receiving Area.

Unless product is in transit, all Flavor Farms' cannabis goods shall be stored and locked within the Processing, Packaging and Labeling Room.

SAFETY AND SECURITY PLAN
At least one (1) armed Security Guard shall be present at the facility 24 hours per day in addition to the entirety of the facility, except the Office, employee break room and restrooms, being under the constant monitoring of security cameras surveillance systems.

Security Staff shall be responsible for monitoring and maintaining facility perimeter security, facilitating access for vendors and visitors to the facility, preventing loitering, and serving as a deterrent to any unlawful or threatening activity on site. The surveillance cameras shall be live monitored by Flavor Farms' Security Manager. Footage shall be kept and stored for a minimum of 90 days. The surveillance feeds and footage shall be accessible to the Operations Manager, Flavor Farms Executives, and Gustine Police Department upon request.

Safety Plan
Emergency Numbers and Notifications-
In the event of an emergency, Flavor Farms Personnel shall be trained to call 911 as soon as possible from a safe location. Security and key personnel will assist until police, fire, or medical responders arrive.

Emergency Training and protocol will include a directive for the following information to be provided to on-site security or emergency dispatch in the event of an emergency:
• Nature of the emergency;
• Assistance needed;
28859.00023\40396539.1 15
• Name of the caller and telephone number from which the call was made; Flavor Farms name, and precise location on site from which the call was made.

Contact:
• Direct line to on-site security: TBD;
• California Highway Patrol (non-emergency): (209) 365-6600; • Gustine PD: 911;
• Flavor Farms Member and Property Owner: Andy Sanchez (209) 324-3853 Example:
• "This is an emergency." (Describe nature of emergency.) • "I need (ambulance/police/fire) assistance."
• "I am at Flavor Farms Facility located at 355 4' Street in Gustine." • "I am in (room or office area)."
Fire Prevention and Suppression-
Based on the nature of the proposed use for indoor cultivation of cannabis using artificial light, and distribution, the primary potential fire hazard would be a malfunction related to the cultivation lamps located within the grow rooms. The risk of this occurring is minimal.

Nonetheless, to protect against this potential hazard, the entire facility will be equipped with a fire sprinkler system with wet pendent heads throughout, including the interior of each grow room. Furthermore, fire extinguishers will be mounted in each suite.

In the event of a fire, Flavor Farms personnel shall be trained to:

ALERT others on the floor by activating a manual fire alarm pull station and direct others to begin immediate evacuation.

REPORT the fire to 911 and Flavor Farms Management at (209) 324-3853 as soon as possible from a safe location.

ATTEMPT TO EXTINGUISH the fire only if trained and feel comfortable doing so. Do not attempt to extinguish a fire which is larger than a trash can. Always leave yourself a good escape route from the area while attempting to extinguish the fire. If the fire cannot be safely and quickly contained, leave the area immediately and close all doors behind you as you exit.

EVACUATION: During business hours, security and key personnel will assist with a quick and orderly evacuation, search the facility, and assist disabled vendors and staff members. Proceed to the parking lot which will serve as the designated evacuation area.

Treat all alarms as an emergency.

Once outside of the building, stay clear of the structure to avoid falling glass, or flaming ash and debris emanating from the fire.

If you must move through smoke, heat, and fumes, drop to your hands and knees, take short breaths through your nose, and crawl to an escape exit by staying in contact with an outside wall. 28859 00023140396539.1 16
Following an outside wall will lead to an exit. The air will be best near the floor since the heat, fumes, and smoke rises.

Do not open hot doors! Feel doors at the top, the door handle or frame with the back of your hand before opening. If the door is hot, don't open it! If the door is cool, open the door slowly and stay behind the door, ready to close it if necessary. Close the door immediately after entering or exiting.

ISOLATE the fire by closing all doors behind you as you exit.

AUTHORITY in a fire or other emergency rests with the Gustine Fire Department and other emergency responders, and with Flavor Farms Management.

Hazardous Materials Spill-
In the event of hazardous materials Incident:

REMAIN CALM

IMMEDIATELY EXIT THE AREA
DO NOT ALLOW OTHERS INTO THE AREA. Do not attempt to contain or clean up the spill unless you have been trained and have all proper safety, disposal and personal protective equipment.

NOTIFY SECURITY. Give as much detailed information as you can about the nature of the spill. Security will call California Poison Control Authorities at 1-800-222-1222.

REFER to Material Safety Data Sheet (MSDS) if possible.

FOLLOW INSTRUCTIONS of Fire Department personnel and/or Security/Flavor Farms Management when they arrive.

Medical Emergency-
In the event of a medical emergency:

Remember that it is best to err on the side of caution. If a person is experiencing significant distress, call for professional assistance immediately.

CALL 911. Give the following information:

Nature of medical emergency;
Exact location and name of sick or injured person and age; What type of assistance is needed or is being provided; Your name and contact phone number;
• Stay on the phone until the dispatcher has all the information needed and releases you;
• Ambulance should arrive at 355 4'h Street in Gustine
CALL SECURITY. Security will contact Flavor Farms' Executives and follow up with emergency responders as necessary to arrange escort paramedics to your location. 28859.00023\40396539.1
17 NOTIFY individuals trained in CPR and First Aid that may assist until emergency responders arrive. Take all reasonable precautions to prevent disease transmission.

Assign someone to wait at the facility entrance to assist responding medical personnel in finding location of person(s) needing medical attention.

Jo not move victims if you suspect back or neck injuries. Assess victims for airway, breathing circulation, and possible injuries before administering any sort of aid. Keep the person warm and comfortable. You should also offer to call a family member or friend for assistance/support, or notification.

Workplace Violence-
In the event of a violent incident in the workplace or there is a threat to your safety or the safety of another person:

CALL 911.

RELAY ALL KNOWN INFORMATION: Exact location, nature of the situation, brief description of subjects) involved, injuries. Stay on the phone until the dispatcher releases you.

USE COMMON SENSE to safeguard yourself and others; do not engage in unnecessary attempts at intervention.

Earthquake-
In the event an earthquake strikes:
• Drop, Cover and Hold! Get under a sturdy structure such as a desk or workstation and remain there until the earthquake subsides. In a hallway, kneel with your back against the wall. Cover your head with your arms and tuck down to your knees. • Keep as calm as possible.
• If inside, stay inside. If outside, stay in the open, away from the building, overhead power lines, or any other objects at risk of falling. Do not rush to the exits. • Keep away from windows or objects that are likely to fall. • Stay under cover until it appears the earthquake is over. Be prepared for aftershocks. • Report any damage/injuries to emergency responders by calling 911 as soon as possible.

Notify Flavor Farms Management. Give whatever assistance you can to injured or disabled people. Use common sense and keep safety as a top priority when attempting to search and rescue.
• Follow instructions given from emergency personnel.

Bomb Threat-
In the event of a bomb threat:

Assume that any bomb threat is a real danger to occupants and property. Be calm and courteous.

Listen and do not interrupt the caller. If possible, ask someone else to notify security while the caller is on the line. If a device is spotted a runner should be sent to notify security immediately.

Questions to ask if possible:
28859.00023\40396539.1 18
• When is the bomb going to explode?
Where is it right now?
What does it look like?
• What kind of bomb is it?
• What will cause it to explode?
Why Did you place the bomb?
• What is your name?
Take Note of:

Whether the callers voice is male/female, age approximation; • Tone of Voice and Language used;
• Background noises;
• Any other remarks.

Carefully make a visual survey of your immediate working space. If you see/hear anything unusual, DO NOT TOUCH; report it to security immediately. Follow any instructions for evacuation by security, or emergency responders.

Blackouts-
In the event of a blackout:

Emergency location: Employees should not evacuate the building unless instructed to do so by Security or Flavor Farms' Management.

Accessibility issues: Plan for accommodating employees who have limited mobility to ensure they will be able to move about or relocate their workspace to an area where risk can be avoided.

Protection of equipment: Turn off power supplies, surge protectors, power strips etcetera to protect electronic equipment when the electricity is turned back on.

Emergency Backup: Ensure that any backup generator sources are tested and readily available to power critical equipment. In the case of battery operated devices, batteries should be checked and fully charged.

Contact lists: Ensure that your agency or department's phone trees are current and that complete and continuously updated list of emergency contacts is distributed, as appropriate. 28859.00023\40396539.1 19
RESOLUTION 2022-075

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GUSTINE

RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE APPROVING A

DEVELOPMENT AGREEMENT BETWEEN FLAVOR FARMS AND THE CITY OF GUSTINE WHEREAS, on July 27, 2022, the Planning Commission held a duly noticed public hearing and reviewed a proposed Development Agreement and Use Permit regarding a proposed commercial cannabis facility located at 355 4th Street, Gustine, CA 95322 (Applicant: Flavor Farms LLC); and
WHEREAS, the Development Agreement for Flavor Farms is in conformance with the goals, policies, and objectives of the General Plan, consistent with State law and City requirements, and will help realize positive growth and development of the City to the benefit of City residents; and
WHEREAS, the Planning Commission concurs with the findings outlined in the staff report and as set forth in the proposed Development Agreement and related attachments being recommended for City Council approval (Exhibit A Attachment 1 and Exhibit A Attachment 2), incorporated herein by reference; and WHEREAS, this Resolution shall act as the Planning Commission's written recommendation of approval regarding the proposed Development Agreement.

WHEREAS, before making any findings or any consideration of the proposal on its merits, the Planning Commission held a public hearing and considered all of the record before it, including any public testimony; and
WHEREAS, the City Clerk caused the legal advertisement to be published as is required by law at least ten (10) days prior to the Planning Commission hearing date.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Gustine:

Section 1. This Commission finds that the facts recited above are true and incorporated herein by reference, and that this Commission has jurisdiction to consider the subject of this Resolution; and
Section 2. Pursuant to section 26055(h) of the Business and Professions Code, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity.

The Development Agreement is further determined to be exempt from the provisions of CEQA under Class 1, Section 15301 (Existing Facilities) of the CEQA Guidelines. This project qualifies for this exemption because it consists of the operation of a cannabis business within an existing building. The building is not being expanded and all uses will be conducted within the existing building:
therefore, the project will not result in an expansion of the existing or former use of the building and is exempt from CEQA; and
28859.00023\40397103.1
Section 3. The proposed Development Agreement is consistent with the General Plan, as set forth in the proposed Ordinance approving the same; and Section 4. The proposed Development Agreement will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and Section 5. The City Clerk caused the legal advertisement to be published as is required by law ten (10) days prior to the Planning Commission hearing date.

ACCORDINGLY, the foregoing resolution was adopted to recommend that the City Council approve an Ordinance approving a Development Agreement between Flavor Farms LLC and the City, to allow a cannabis business consisting of interior cultivation and distribution uses to operate at 355 4th Street, Gustine, CA (Exhibits 1 and 2).

THE FOREGOING RESOLUTION of the Planning Commission of the City of Gustine was passed by the Planning Commission at a regular meeting held on the 27ih day of July, 2022, the resolution was adopted by the following vote:

AYES: Lackey, Gomes, Glles, Marsigli, Gandy
NOES: None
ABSTAIN: None
ABSENT: None
Melo
City Clerk Planning Commission Chair
28859.00023 40397103.1
SULT CITY ALISONE ITEM NO. 10

INCO COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Jami Westervelt, Economic & Community Development Director Anne Branham, Assistant City Attorney
SUBJECT: Adopt an Ordinance Approving an Amendment to the Development Agreement between Tip Top Farms LLC and the City

BACKGROUND/DISCUSSION
The City of Gustine approved a Development Agreement (DA) with Tip Top Farms, LLC on September 17, 2019 for a commercial cannabis business located at 377 4th Street in Gustine. The DA was one of several procedural steps required by the City in order for the applicant to open the facility, along with City approval of an Operating Agreement, Use Permit, and business license.

When the City approved its agreements with Tip Top Farms, neither anticipated that it would take 28 additional months to open the business. By the original terms, the DA is set to expire on September 17, 2022 unless extended by the City Council.

The City Council has already approved an extension to, and amendment of, the applicant's Operating Agreement for this business, which modified the business's Community Benefit Payment amounts and extended the term of that agreement to December 31, 2024.

Tip Top does not need to take any action on the original Use Permit issued, as none of the changes to the OA or DA will alter that Use Permit. However, to continue operating, Tip Top Farms must have a valid Development Agreement with the City.

In accordance with Section 4-56-080 of the City's Development Code, the City must treat an amendment to the DA in the same manner as adoption of the original document, which includes the Planning Commission recommending approval of the document and the City Council approving. At its July 27, 2022 meeting, the Planning Commission held an initial public hearing and approved a resolution (Exhibit B) recommending that the City Council approve the revised Development Agreement with Tip Top Farms.

At its August 16, 2022 meeting, the City Council held a public hearing and waived the first reading of the ordinance approving the DA with Flavor Farms.

The attached DA revision for Council consideration extends the expiration date to December 31, 2024, which accords with the date to which the City Council extended the applicant's Operating Agreement, and contains minor clarifying revisions to the DA.

The revision also contains corrections to numbering and includes all Exhibit copies, both of which the Council requested at its August 16 meeting.

ENVIRONMENTAL DETERMINATION
26055(h) of the Business and Professions Code states that the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity.

The Development Agreement is determined to be exempt from the provisions of CEQA under Class 1, Section 15301 (Existing Facilities) of the CEQA Guidelines. This project qualifies for this exemption because it consists of recommending approval for the continued operation of a cannabis business within an existing building. The building is not expanding and all uses will take place within the existing building; therefore, the project will not result in an expansion of the existing or former use of the building and is exempt from CEQA.

FISCAL IMPACT
As outlined above, per the previously amended Operating Agreement and this Development Agreement, the applicant is required to make monthly Community Benefit Payments designed to offset any financial impacts of the business to the provision of City services. In addition, Tip Top Farms will submit an annual Community Contribution to fund citywide events.

RECOMMENDATION
Staff is requesting Council to waive the second reading and consider adopting an ordinance approving the amended Development Agreement between the City and Tip Top Farms, LLC.

EXHIBIT(S)
A) City Council Ordinance Approving a Development Agreement with Tip Top Farms.

Proposed Development Agreement includes the following Exhibits to the DA:
i. Legal Description of Property
ii. Map of Property
ili. Development Plan
B) Planning Commission resolution 2022-074
APPROVED BY:

Brad Kilger, Interim City Manager
ORDINANCE NO. _

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUSTINE APPROVING

AN AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GUSTINE

AND TIP TOP FARMS, LLC TO ALLOW CONTINUED OPERATION OF A COMMERCIAL CANNABIS MICROBUSINESS LOCATED AT 377 4TH STREET,

GUSTINE, CA
The City Council of the City of Gustine does ordain as follows:

Section 1. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864, et. seq. of the Government Code, with authorizes the City of Gustine ("City") to enter into an agreement with any person having a legal or equitable interest in real property providing for the development of such property in order to establish certainty in the development process.

Section 2. The City of Gustine previously adopted an implementing ordinance (Section

4.56 of the Zoning and Subdivision Ordinance) authorizing and regulating the use of Development Agreements.

Section 3. The Planning Commission conducted a duly noticed public hearing on July 27,2022, at which it recommended to the City Council that the amended Development Agreement, attached hereto and incorporated herein by reference, between the City of Gustine and Tip Top Farms, LLC for the continued operation of a commercial cannabis microbusiness facility, be approved based on stated findings of fact. The City Council held a duly noticed public hearing on August 16, 2022 at which all interested persons were allowed to address the Council on the Development Agreement.

Section 4. The City Council concurs with the findings and recommendations of the Planning Commission and finds that the Development Agreement is consistent with the City's General Plan as well as all provisions of the City's Zoning and Subdivision Ordinance and Municipal Code. The Development Agreement will not be detrimental to the health, safety, and general welfare of the City's residents and will not adversely affect the orderly development of property or the preservation of property values. The City Council has considered the effect of the Development Agreement on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources by requiring a public benefit and community events contribution by the applicant.

Section 5. The City Council finds that this Development Agreement will not result in any significant changes to the character or use of properties in the City and is not a project with the potential for causing a significant effect on the environment requiring California Environmental Quality Act (CEQA) analysis.

Section 6. The Amended Development Agreement attached to this Ordinance as Exhibit B is hereby approved, subject to minor and clarifying revisions approved by the City Manager and City Attorney, and the City Manager is authorized and directed to sign it on behalf of the City of Gustine.
1, Melanie Correa, Deputy City Clerk of the City of Gustine, hereby certify the foregoing Ordinance was introduced on August 16, 2022 and second reading and adoption was approved on , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

MAYOR,
ATTEST:

MELANIE CORREA, DEPUTY CITY CLERK

EXHIBIT B
Recorded at request of:

City of Gustine
352 Fifth Street
Gustine, CA 95322
When recorded return to:

City of Gustine
352 Fith Strey Clerk
Gustine, CA 95322
[INSERT OWNER]
Exempt from filing fees pursuant to Government Code $6103

A FIRST AMENDED DEVELOPMENT AGREEMENT

BETWEEN
CITY OF GUSTINE, a municipal corporation,
AND
TIP TOP FARMS, a California Limited Liability Company

FIRST AMENDED DEVELOPMENT AGREEMENT
This First Amended Development Agreement (hereinafter "Agreement") is entered into as

RECITALS
WHEREAS, City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and
WHEREAS, this Agreement constitutes a current exercise of City's police powers to provide predictability to Owner in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of development in exchange for Owner's commitment to provide significant public benefits to City as set forth in this Agreement; and WHEREAS, Owner has requested City to enter into a Development Agreement to provide for the unique development concerns and opportunities presented by establishment of commercial cannabis uses in the City, and proceedings have been taken in accordance with the rules and regulations of City; and
WHEREAS, the best interests of the citizens of the City and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, the City Council has determined that this Agreement is in conformance with the goals, policies, and objectives of the General Plan, consistent with State law and City requirements, and will help realize positive growth and development of the City to the benefit of City residents; and
WHEREAS, all actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Government Code Section 65864, et seq. are intended;

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of -1-
which are hereby acknowledged, the Parties agree as follows:

DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 "Agreement" means this Development Agreement.

1.1.2 "City" means the City of Gustine, a California municipal corporation.

1.1.3 "City Manager" means the City Manager of Gustine or his or her designee.

1.1.4 "City Council" means the duly elected city council of the City

1.1.5 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the use, maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion of the Project.

1.1.6 "Development Approvals" means all permits and other entitlements for use subject to approval or issuance by City in connection with development of the Property including, but not limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits and plot plans; (d) zoning approvals;
(e) grading and building permits.

1.1.7 "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.8 "Development Impact Fee" a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include -2-
park "in lieu" fees specified in Government Code Section 66477, fees for processing applications or governmental regulatory actions or approvals, or fees collected under development agreement dopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) o Chapter 4.
"Development Plan" means the plan for development of the Property as set forth in Exhibit "3".

1.1.10 "Effective Date" means the date the ordinance approving and authorizing this Agreement becomes effective.

1.1.11 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.12 "Owner" means the persons and entities listed as Owner on page 1 of this Agreement and their successors in interest to all or any part of the Property.

1.1.13 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.14 "Project" means the development of the Property for commercial cannabis uses contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.15 "Property" means the real property described on Exhibit "1" and shown on Exhibit "2" to this Agreement.

1.1.16 "Public Benefit" refers to those benefits provided to the City and the community by Owner pursuant to Section 4.2 below.
-3-

1.1.17 "Reservation of Rights" means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Sections

3.3 and 7.3 of this Agreement.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit "1" - Legal Description of the Property.

Exhibit "2" - Map showing Property and its location.

Exhibit "3" - Development Plan.

GENERAL PROVISIONS.

Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan and this Agreement.

2.2 Ownership of Property. Owner represents and covenants that it is the owner of the fee simple title to, or has an equitable interest in, the Property or a portion thereof.

2.3 City Council Findings. The City Council finds that:

2.3.1 This Agreement is consistent with the City's General Plan.

2.3.2 This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, enhances effective utilization of resources within the City.

2.3.3 This Agrcement provides public bencfits beyond those which are necessary to mitigate the development of the Project.

This Agreement strengthens the public planning process, encourages private participation in comprehensive planning and reduces costs of development and government.

2.3.5 The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement.

Term. The term of this Agreement shall commence on the Effective Date and shall continue until December 31, 2024, unless this term is modified or extended pursuant to the provisions of this Agreement. Thereafter, the Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid any Development Impact Fee.

2.5 Assignment.
-4-

2.5.1 Right to Assign. Owner shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:

No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.

Concurrent with any such sale, transfer or assignment, Owner shall notify City, in writing, of such sale, transfer or assignment and shall provide City with an executed agreement ("Assignment and Assumption Agreement"), in a form reasonably acceptable to City, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties, obligations, agreements, covenants, waivers of Owner under this Agreement, including, without limitation, the covenants not to sue and waivers contained in Sections 6.2and 7.4 hereof.

Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.5.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed.

2.5.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring Owner shall continue to be obligated under this Agreement with respect to the transferred Property or any transferred portion thereof, unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of the following conditions:
(a) Owner no longer has a legal or equitable interest in all or any part of the Property subject to the transfer.
(b) Owner is not then in default under this Agreement.

Owner has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 2.5.1 above.

The purchaser, transferee or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder.
-5-

2.5.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.

2.5.4 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project, prior to the issuance of a certificate of occupancy for any portion of the Project.

Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all Parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement.

2.6.1 Major Amendments. Any amendment to this Development Agreement which affects or relates to (a) the term of this Agreement; (b) permitted uses of the Property; (c) provisions for the reservation or dedication of land; (d) changes to conditions, terms, restrictions or requirements applicable to subsequent discretionary actions; (e) an increase in the density or intensity of use of the Property or the maximum height or maximum gross square footage; or (f) monetary contributions by Owner, shall be deemed a "Major Amendment" and shall require giving of notice and a public hearing before the Planning Commission and City Council. Any amendment which is not a Major Amendment shall be deemed a Minor Amendment. The City Manager or his or her delegate shall have the authority in its reasonable discretion to determine if an amendment is a Major Amendment subject to this Section or a Minor Amendment. The City Manager's determination may be appealed to the City Council.

2.6.2 Minor Amendments. The Parties acknowledge that refinement and further implementation of the Project may demonstrate that certain minor changes may be appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that clarifications, minor changes, or minor adjustments are necessary or appropriate and do not constitute a Major Amendment, they shall effectuate such clarifications, minor changes or minor adjustments through a written Minor Amendment approved in writing by the Owner and City Manager. Minor amendments authorized by this subsection shall not constitute an "amendment" for the purposes of Government Code sections 65867, 65867.5, and 65868. Unless otherwise required by law, no such Minor Amendment shall require prior notice or hearing, nor shall it constitute an amendment to this Agreement.
upon the curere of any The Along all be demed terminated and of no further effect (a) Expiration of the stated term of this Agreement as set forth in Section 2.4. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the -6-
ordinance approving this Agreement.
(d) Expiration or termination of any operating agreement for the Property as set forth in Section 3.3.4(ii).

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have beer ertormed prior to such termination or with respect to any default in the performance of th rovisions of this Agreement that has occurred prior to such termination or with respect to ar obligations that are specifically set forth as surviving this Agreement.

2.8 Notices.
(a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder.

All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (i) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows:

If to City: City of Gustine
Attn: City Manager
352 Fifth Street
Gustine, California 95322
Copy to: Best Best & Krieger LLP
Attn: Gustine City Attorney
500 Capitol Mall, Suite 1700
Sacramento, California 95814
If to Business Owner:

Tip Top Farms, LLC
3619 Healy Drive
Merced, CA 95341
Attn: Robert Villalobos
Telephone: 408-472-0510
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
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3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservation of Rights, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement. Except as expressly provided otherwise herein, the Project shall remain subject to all Land Use Regulations and Development Approvals, whether in effect on the Effective Date or subsequently adopted or amended, that are required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revising the Land Use Regulations pursuant to Government Code section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Land Use Regulations and Development Approvals, whether in effect on the Effective Date or subsequently adopted or amended. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Land Use Regulations and Development Approvals, whether in effect on the Effective Date or subsequently adopted. In connection with any subsequently imposed Development Approvals and except as specifically provided otherwise herein, City may exercise its discretion in accordance with the Land Use Regulations then in effect, as provided by this Agreement, including, but not limited to, the Reservation of Rights. City shall accept for processing, review and action all applications for subsequent development approvals, and such applications shall be processed in the same manner and the City shall exercise its discretion, when required or authorized to do so, to the same extent it would otherwise be entitled in the absence of this Agreement.

3.3 Reservation of Rights.

3.3.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the development of the Property:
(a) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(c) Regulations, policies and rules governing engineering and -8-
construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the City or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, City shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes.

Regulations that may be in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community trom a condition perilous to their health or safety. To the extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement.

Regulations that are not in material conflict with this Agreement or the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to development of that Property in which the Owner has a legal or equitable interest. (h) Regulations that impose, levy, alter or amend fees, charges, or Land Use Regulations relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking.

Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City.

Subsequent Development Approvals. This Agreement shall not prevent City, in acting on subsequent development approvals and to the same extent it would otherwise be authorized to do so absent this Agreement, from applying subsequently adopted or amended Land Use Regulations that do not materially conflict with this Agreement.

3.3.3 City's Good Faith in Processing. Subject to the reserved discretionary approvals set forth in this Agreement, the City agrees that it will accept, in good faith, for processing, review and action, all complete applications for zoning, special permits, development -9-
permits, tentative maps, subdivision maps or other entitlements for use of the Property in accordance with the General Plan and this Agreement. The City shall inform the Owner, upon request, of the necessary submission requirements for each application for a permit or other entitlement for use in advance, and shall review said application and schedule the application for review by the appropriate authority.

3.3.4 Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

The Parties recognize that California has adopted, through ballot initiative and California legislative enactments, the Medical and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), and may adopt through initiative or legislative action other laws and regulations pertaining to either medical or adult use of cannabis. The Parties intend through this Agreement that Owner shall have the right to cultivate, distribute, and sell at retail cannabis as allowed by the current MAUCRSA, or any other law or initiative adopted in California pertaining to the cultivation, distribution and retail sale of cannabis. To the extent the changes in California law change the legal process or structure by which cannabis cultivators, distributors or retailers can or may operate (i.e., for-profit vs non-profit entities, size and number of licenses, etc.), the Parties intend this Agreement to be flexible to allow such changes and may alter the procedures specified herein, by Operating Agreement as defined below, or otherwise, as may be necessary. (ii) Operating Agreement. The provisions of this Agreement require a close degree of cooperation between City and Owner. It is anticipated due to the term of this Agreement that refinements to the approvals may be appropriate with respect to the details of pertormance of City and Owner. Accordingly, Owner shall retain a certain degree of flexibility as provided herein with respect to the matters, items and provisions covered in general under this Agreement for land use and development of the Property; provided, however, that City shall retain a certain degree of control with respect to the operational and regulatory requirements of the commercial cannabis uses operating on the Property as a business in the City. City and Owner thus mutually understand and agree that Owner shall remain at all times subject to the conditions and requirements of the Operating Agreement entered into between City and Owner, in accordance with Chapter 5-8 of the Gustine Municipal Code, and nothing in this Agreement shall be construed to override or preempt such Operating Agreement with regard to the operational requirements and conditions of the cannabis business. If City and Owner find it necessary or appropriate to make changes, adjustments or clarifications to the business and regulatory licensing and operations of the cannabis business on the Property, the Parties may make such changes to the Operating Agreement executed by the Parties. The Operating Agreement, and any changes thereto, shall not constitute an amendment to this Agreement. The City Attorney shall be authorized upon consultation with Owner, to determine whether a requested modification or clarification to the uses or business may be effectuated under the Operating Agreement pursuant to this Section or whether the requested modification or clarification is of such character to constitute an amendment to the Agreement. The authority to enter into such Operating Agreement is hereby delegated to the City -10-
Manager, and the City Manager is hereby authorized to execute any Operating Agreement or amendments hereunder without further City Council action.

3.3.5 Intent. The Parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement's express terms so restricted.

3.4 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of the City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.

3.50 Timing of Development. The Owner shall be obligated to comply with the terms and conditions of the Development Approvals and this Agreement at those times specified in either the Development Approvals or this Agreement. The Parties acknowledge that the Owner cannot at this time predict with certainty when or the rate at which the Property will be developed. Such decisions depend upon numerous factors which are not all within the control of the Owner, such as market orientation and demand, interest rates, competition and other factors. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the Parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development controlling the Parties' agreement, it is the intent of City and the Owner to hereby acknowledge and provide for the right of the Owner to develop the Project in such order and at such rate and times as the Owner deems appropriate within the exercise of its sole and subjective business judgment, subject to the terms, requirements and conditions of the Development Approvals and this Development Agreement. City acknowledges that such a right is consistent with the intent, purpose and understanding of the Parties to this Development Agreement, and that without such a right, the Owner's development of the Project would be subject to the uncertainties sought to be avoided by the Development Agreement laws, (California Government Code § 65864 et seq.), City Council findings, and this Agreement. The Owner will use its best efforts, in accordance with their business judgment and taking into consideration market conditions and other economic factors influencing the Owner's business decision, to commence or to continue development, and to develop the Project in a regular, progressive and timely manner in accordance with the provisions and conditions of this Agreement and with the Development Approvals.

3.6 Conditions, Covenants and Restrictions. Owner shall have the ability to reserve and record such covenants, conditions, and restrictions (CC&Rs) against the Property as Owner deems appropriate, in its sole and absolute discretion. Such CC&Rs may not conflict with this Agreement or the General Plan. Before recording any CC&Rs, Owner shall provide a copy of the CC&Rs to the City for review and approval by the City Attorney. The City Attorney's review shall be limited to determining if the CC&Rs substantially comply with this Agreement. Within thirty (30) days after receiving a copy of the proposed CC&Rs from Owner, the City Attorney shall provide Owner with either (i) a statement that the CC&Rs comply with this Agreement ("CC&R Approval") or (ii) written comments identifying each aspect of the CC&Rs which the -11-
City Attorney believes not to be in compliance with this Agreement (a "Statement of Non- Compliance"). If the City Attorney fails to provide Owner with either CC&R Approval or a Statement of Non-Compliance within thirty (30) days following a written request by Owner, City shall be deemed to have approved the CC&Rs and Owner may record the CC&Rs against the Property. If the City Attorney provides a Statement of Non-Compliance, Owner shall have thirty (30) days in which to respond to the Statement of Non-Compliance. Upon submittal of Owner's response, the procedure described above for the initial submittal and City Attorney review of proposed CC&Rs shall again be followed. This procedure shall be followed until Owner either (1) receives CC&R Approval, (2) submits the compliance issues to binding arbitration pursuant to the rules of the American Arbitration Association, (3) files an action for declaratory relief in Merced County Superior Court seeking a judicial determination of the compliance of the proposed CC&Rs, or (4) agreement is otherwise reached between the Parties allowing for the recording of the CC&Rs. The CC&Rs may run with the land and bind Owner's successors and assigns. Except as provided above, any dispute between the Parties regarding the City's approval or rejection of the CC&Rs shall be subject to immediate and binding arbitration pursuant to the rules of the American Arbitration Association.

PUBLIC BENEFITS.

4.1 Intent. The Parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on Owner that should be balanced by commensurate public benefits. Accordingly, the Parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project.

4.2 Public Benefits. In addition to complying with the Project conditions of approval which are designed to mitigate any significant environmental impacts of the Project, Owner has committed by this Agreement to contribute to the acquisition, construction and maintenance of certain "Public Benefits" through payment of "Community Benefit Fees" to the City. The Community Benefit Fees shall be paid by Owner to City, as mutually agreed in writing in the Operating Agreement executed by the Parties and referenced in Section 3.3.4(ii) of this Agreement and incorporated herein by this reference, to provide for projects, programs, and other services and activities that will positively contribute to the community and account for the adverse impacts or increases in need for services caused by the operation of a commercial cannabis business in the City. Payment of such Community Benefit Fees, as applicable and agreed to by the Parties in the Operating Agreement, shall remain an obligation and condition of this Agreement to ensure that development of the Project according to the Development Plan remains commensurate with the public needs of the City.

4.3 Development Impact Fees.

4.3.1 Time of Payment. Unless otherwise specified herein, City-imposed development impact fees applicable to the Development, and sewer and water connection fees shall be due and payable by the Owner prior to the issuance of a certificate of occupancy for the building in question.
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4.3.2 Future Development Impact Fees; Increases. The Parties hereby agree that the Project shall be subject to the imposition of any Development Impact Fee that becomes effective after the Effective Date of this Agreement. In addition, the Project shall be subject to any increase, amendment or alteration of any Development Impact Fee that becomes effective after the Etfective Date. To this end, the City retains discretion to revise such fees as the City deems appropriate, in accordance with applicable law. If the City revises such fees on a city-wide basis (as opposed to revising such fees on an ad hoc basis that applies solely to the Project) prior to the Owner obtaining a certificate of occupancy, then the Owner shall thereafter pay the revised fee.

The Owner may, at its sole discretion, participate in any hearings or proceedings regarding the adjustment of such fees. Nothing in this Agreement shall constitute a waiver by the Owner of its right to challenge such changes in fees in accordance with applicable law provided that the Owner hereby waives its right to challenge the increased fees solely on the basis of any vested rights that are granted under this Agreement.

4.3.3 Prepayment. In no event shall the prepayment of any Development Impact Fees required hereunder establish a vested right on the part of Owner or any other owner of the Property or any person or entity with an interest therein to develop the Project or the Property following the expiration, cancellation or termination of the Term of this Agreement. Following the expiration, cancellation or termination of this Agreement, all Development Impact Fees then in effect shall be applicable to the Project and Property notwithstanding any provision of this Agreement and notwithstanding any prepayment.

4.4 Wastewater Treatment Capacity. The Owner shall pay the applicable connection charge in effect pursuant to City-wide ordinance at the time of building permit issuance, if applicable. The Owner acknowledges that connection charge may increase substantially over time and increases may be substantial.

Reimbursement for Property Taxes. Prior to issuance of building permits, Owner shall record a covenant on the title to the Project site regarding property tax payments. The covenant shall include a permanent obligation for the property owner to make payments to the City in lieu of the City's share of otherwise-required property taxes in the event that the Property is acquired or master leased by an entity exempt from payment of property taxes. Wording of the covenant is subject to review and approval of the City Attorney.

Financing Of Public Improvements. Owner may propose, and if requested by City shall cooperate in, the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. To the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, Owner may be reimbursed to the extent that Owner spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the Parties that nothing contained in this Agreement shall be construed as requiring City or the City Council to form any such district or to issue and sell bonds.

5. REVIEW FOR COMPLIANCE
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5.1 Periodic Review. The City shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the compliance by Owner with the terms of the Agreement. Owner shall submit an Annual Monitoring Report, in a form acceptable to the City Manager, within thirty (30) days after written notice from the City Manager. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council.

5.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City Manager, or his or her designee, shall conduct such special reviews.

5.3 Procedure.

During either a periodic review or a special review, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on Owner.

Upon completion of a periodic review or a special review, the City Manager, or his or her designee, shall submit a report to the Planning Commission setting forth the evidence concerning good faith compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue.

If the Planning Commission finds and determines on the basis of substantial evidence that Owner has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded
If the Planning Commission finds and determines on the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement, the Commission may recommend to the City Council modification or termination of this Agreement. Owner may appeal a Planning Commission determination pursuant to this Section

5.3(d) pursuant to City's rules for consideration of appeals in zoning matters then in effect. Notice of default as provided under Section 6.3 of this Agreement shall be given to Owner prior to or concurrent with proceedings under Section 5.4 and Section 5.5.

Proceedings Upon Modification or Termination. If, upon a finding under Section

5.3, City determines to proceed with modification or termination of this Agreement, City shall give written notice to Owner of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not City proposes to terminate or to modify the Agreement; and,
(c) Such other information that the City considers necessary to inform Owner -14-
of the nature of the proceeding.

5.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement.

The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final.

5.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council that: (1) this Agreement remains in effect; and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder.

Whether or not the Certificate is relied upon by assignees or other transferees or Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager or City Council.

DEFAULT AND REMEDIES.

6.1 Remedies in General. It is acknowledged by the Parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the Parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in damages to Owner, or to any successor in interest of Owner, or to any other person, and Owner covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

6.2 Release. Except for non-monetary remedies, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, -15-
present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments to the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement. Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases.

Owner's Initials
Termination or Modification of Agreement for Default of Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, City may terminate or modify this Agreement pursuant to this Section only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured, Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.

Termination of Agreement for Default of City. Owner may terminate this Agreement only in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.

7. LITIGATION.
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7.1 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any claim, action, proceeding or determination included within this Section 8.1, and City shall cooperate in the defense. If City tails to promptly notify Owner of any such claim, action, proceeding or determination, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, proceeding or determination.

7.2 Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such action.

Reservation of Rights. With respect to Section 7.1 and Section 7.2 herein, City reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor.

7.4 Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. In the event of any breach of the covenant or waiver contained herein, City shall, in addition to any other remedies provided for at law or in equity, be entitled to:
(a) impose and recover (at any time, including after sale to a member of the public or other ultimate user) from the party breaching such covenant or waiver, the full amount of Development Impact Fees that the breaching party would have been required to pay in the absence of this Development Agreement; and (b) impose any subsequently adopted land use regulation on those land use approvals for which the breaching party had not, as of the time of such breach, obtained a -17-
building permit.

Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases.

Owner's Initials
Prevailing Wages. Owner acknowledges the requirements of California Labor Code §1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects, as defined. If work on- or off-site improvements pursuant to this Agreement is being performed by Owner as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Owner agrees to fully comply with such Prevailing Wage Laws. Owner understands and agrees that it is Owner's obligation to determine if Prevailing Wages apply to work done on the Project or any portion of the Project. Upon Owner's request, the City shall provide a copy of the then current prevailing rates of per diem wages. Owner shall make available to interested Parties upon request, copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the work subject to Prevailing Wage Laws, and shall post copies at the Owner's principal place of business and at the Project site. Owner shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless pursuant to the indemnification provisions of this Agreement from any claim or liability arising out of any failure or alleged failure by Owner to comply with the Prevailing Wage Laws associated with any "public works" or "maintenance" projects associated with Project development.

7.6 Survival. The provisions of this Section 8, inclusive, shall survive the termination of this Agreement.

MORTGAGEE PROTECTION
The Parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may -18-
require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owner in the performance of Owner's obligations under this Agreement.

If City timely receives a request from a mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement.

9. MISCELLANEOUS PROVISIONS.

9.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Merced County Recorder by the Clerk of the City within ten (10) days after the City enters into the Agreement, in accordance with Section 65868.5 of the Government Code. If the Parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall have notice of such action recorded with the Merced County Recorder.

9.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall -19-
be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

9.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

9.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.

9.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

9.6 Singular and Plural. As used herein, the singular of any word includes the plural.

9.7 Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one Owner, all obligations of such Owners under this Agreement shall be joint and several, and the default of any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no Owner of a single lot that has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as expressly provided for herein.

9.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

9.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

9.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

9.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, -20-
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor ditticulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. It any such events shall occur, the Term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance, provided that the Term of this Agreement shall not be extended under any circumstances for more than five (5) years.

9.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hercunder by such benefited party.

9.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion

9.14 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.

9.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Merced, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

9.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property.

9.17 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. -21-

9.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.

Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto.

9.20 Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder.
-22-
IN WITNESS WHEREOF, the Parties hereto have executed this Amended Development Agreement on the day and year set forth below.

Owner
Tip Top Farms, a California Limited
Liability Company
By:

Its:

Dated:

City
City OF GUSTINE, a California municipal
corporation
By:

Brad Kilger
Interim City Manager
Dated:

ATTEST:

By:

Melanie Correa
City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
Ann Siprelle
City Attorney
-23-
EXHIBIT "1"
Legal Description of the Property
Property: 377 4th Street, Gustine CA 95322
APN: 020-044-016
Zoning: C-1 Downtown Commercial
T.BS.,R.9E., M.D.B.&M, Tax Rate Area 002-014 • AVE 20-04 SECUND
Vite
i®
sange of zaning ce succeed
.."
14 ®
(043
00) ®
8 THIRD
THIRD AVE 05
70 01
®
(046
onc
25 24 23 -22
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(04 4)
t0
SECOND
HISL
STUNTA
Tom of Gustine R.M. Vol 3, Pa. 27 Assessor's Map 8k.20 - Pg.04 FOURTH AVE.

Absor Parcel Numbers Son is Cities County of Marced, Colif 1953 EXHIBIT "2"
Map of the Property

PROJECT

LOCATION
NORTH

QOOGLE EARTH BAAGE

TIP TOP FARMS

LAWRENCE
MANUEL LARRY BORELLO Phone: (805) 458-2759

BORELLO ARCHITECT
377 4TH STREET * C-21084

GUSTINE, CA SATE OF CAL TEN

AS-BUILT NOTE

INFORMATION SHOWN AND

DEPICTED ON THESE PLANS

PROJECT HAVE BEEN OBTAINED FROM

AERIAL AND PHOTOGRAPHIC

LOCATION IMAGES, AND THEREFORE

LOCATIONS AND CONTENT IS
APPROXIMATED. ON-SITE

MEASUREMENTS HAVE BEEN

OBTAINED BY CLIENT WITH

LIMITED ACCESS TO SITE TIP TOP FARMS

PROJECT
NORTH

SHEET INDEX

GOOGLE EARTH IMAGE
VICINITY MAP SHEET NO. DESCRIPTION
A-00 COVER SHEET

PRELIMINARY SITE PLAN SHEET TITLE

PRELIMINARY FLOOR PLAN COVER
GENERAL INFORMATION A-03 FRONT AND REAR ELEVATIONS SHEET A-04 SIDE ELEVATIONS
PROJECT ADDRESS: 377 4th STREET, GUSTINE, CA 95322
APN. 020-044-016-000

MERCED COUNTY

REVISIONS

PROJECT DESCRIPTION

OF THE EXISTING BUILDING, REMOVAL OF NUMEROUNTEROR

EXTERIOR DOORS AND WINDOWS TO ACCOMODATE THE NEW

FACILITY AND REPLACE THE OPENINGS WITH SIDING TO MATCH
EXISTING.

JOB NO.

ARCHITECTURAL CALCULATIONS DATE
SITE AREA: 10,500 SF 03July19
SHEET NO.

EXISTING EXTEROR COVERED AREA: 90 F 4,913 SF
A-00
75 - 0° (OVERALL BLDG DIMENSION) 57' - 0* (SETBACK) LAWRENCE

MANUEL BORELLO
BORELLO LARRY ARCHITECT Phone: (805) 458-2759
C-21084

EXISTING
URY 31, 2021
PROPOSED BUILDING•

REMODEL (CROSS
HATCHED!
ALLEY e! AC PARKING
LOT 75' STRET

SIDEWALK EXISTING)
TIP TOP FARMS 377 4TH ST GUSTINE, CA

ENTRANCE PROJECT
(COVERED)|

SHEET TITLE

REVISIONS

SITE PLAN
SITE AREA: 10.500 SF
NORTH
SCALE: 1" = 20'-0"
JOB NO.

DATE
03July 19
SHEET NO.

A-01

75. 0*

LAWRENCE
15*- 0° 20.0° 20'- 0* 20*- 0* MANUEL
BORELLO LARRY BORELLO ARCHITECT Phone: (805) 458-2759
ROOM LEGEND * C-21084
SATE OF CASTAN JANA L 302

WAITING ROOM

CHECK IN

RETAIL DELIVERY
20-4 20 - 4
OFFICE
389 SF
560 SF 40% - 0% MOTHER PLANTS ROOM
49 - 6) TRIMMING
261 SF 14 - 6* FLOWER / GROW ROOM #1
100 po 129:00 6-0° 21 - 0 19-0°
73 - 6* FLOWER / GROW ROOM #2
170 SF PARKING
LOT - 8* FLOWER / GROW ROOM #3
467 SF
14'
261 SF ENTRANCE NUTRIENT STORAGE
134 SF
8 - 0° DISTRIBUTION ROOM
137 SF 58 SF DISTRIBUTION VAULT ROOM SHEET TITLE
16- PRELIMINARY
13 RESTROOM FLOOR PLAN
503 SF 443 SF

BREAKROOM

CORRIDOR
16' - 0* * 12.0 14' - 0° REVISIONS
28'-0* 22 - 0° RECEIVING AREA
25 - 0° 50 - 0* COVERED OPEN AREA
BUILDING AREA: 4 913 SF
COVERED AREA: 600 SF
JOB NO.

NORTH SCALE: 1/16"= 1'0" DATE
03July 19
SHEET NO.

A-02

LAWRENCE

MANUEL LARRY BORELLO ARCHITECT
BORELLO Phone: (805) 458-2769
C-21084
Y 31, 2021]
ЗАТЕ О САН ТАН

PROPERTY
LINE

PROPERTY LINE

EAVE HT (VERIFY
(E) METAL CANOPY -

TO REMAN

TOP OF SLAB
E) SIDING TO POLE SIGN AT ENTRY 0'-0
(E) WINDOW AND DOORS TO BE TIP TOP FARMS

REMAIN - TYP GUSTINE, CA
REMOVED AND REPLACED WITH 377 4TH ST

FRONT ELEVATION (EAST) SIDING TO MATCH EXISTING PROJECT (SHOWN BY DASHED LINES)
SCALE: 1/8"= 1'-0"

SHEET TITLE

PROPERTY PROPERTY LINE FRONT AND
LINE
REAR
(E) CARPORT. ELEVATIONS

TO REMAIN

EAVE HT (VERIFY)

REVISIONS

TOP OF SLAB
E) DOORS TO REMAIN - TYP JOB NO.

ATREAR ELEVATION

REAR ELEVATION (WEST) DATE
03July19
SCALE: 1/8"= 1'-0" SHEET NO.

A-03

CASED ARCHINE

LAWRENCE
MANUEL LARRY BORELLO Phone: (805) 458-2769

BORELLO ARCHITECT
C-21084
ANUARY 31, 2021

SAFE OF CAL AND

EAVE HI (VERIFY)
(E) COVERED

TOP OF SLAB
- (E) CARPORT STRUCTURE - (E) METAL SIDING - TO REMAIN TIP TOP FARMS

TO REMAIN GUSTINE, CA
PROJECT 377 4TH ST

LEFT SIDE ELEVATION (SOUTH)
SCALE: 1/8" = 1'-0"

SHEET TITLE
SIDE

ELEVATIONS

EAVE HIVER Y

REVISIONS

TOPOSES O
(E) METAL SIDING - TO REMAIN JOB NO.

RIGHT SIDE ELEVATION (NORTH) DATE
03July19
SCALE: 1/8"= 1-0"
SHEET NO.

A-04
EXHIBIT "3"
Development Plan
(Begins on following page)
APN: 02080445-816-000
Business Information:

A) BUSINESS TYPE DESIGNATION:
• Both - Adult and Medical use
B) BUSINESS ORGANIZATION STRUCTURE:
• Lambway is a California Corporation
C)TYPE OF COMMERCIAL CANNABIS OPERATIONS:
• We will apply for a microbusiness type 12
D) PHYSICAL DESCRIPTION:
• The first purposed site is located at 377 4th St. The building is approximately five thousand square feet. It has steel siding with multiple doors for entrances and exits. The building is located in a commercial area.

E) OPERATION:
• Our proposed business operations will consist of retail sales, distribution, and cultivation.
• Retail delivery will be open from 9AM. To 7P.M. Monday thru Sunday. The delivery service will consist of dispatchers, and delivery drivers with valid licenses.
• Distribution will not be open to the public. It will have employees there from 8A.M. to 5P.M. Monday thru Friday. Saturday will have office staff taking orders from other distributors and dispensaries around the state. The distribution department will weigh, package, and label all products.
• Cultivation which is not open to the public. It will employ a number of people who will perform and number of duties during two shifts morning and at night, usually the hours will be 8A.M. to 11pm. Duties will include overall maintenance such as watering, planting, pruning, harvesting, drying and trimming. Finished cannabis will be sold through our delivery service and distribution center.
• All customers and patients will be verified to be at least 21 years of age. They will have a variety of products to choose from such as, dried flowers of all grades, extracts, tinctures, lotions, edibles and more.

F) EMPLOYEES:
• Tip Top is committed to engage in professional recruiting practices to hire the most qualified candidates.
• Tip Top plans to employ approximately 15+ people at the start of operations.
• Employees must pass a Live Scan background check. All employees will be required to know all the laws and regulations pertaining to the business.

G) CASH HANDLING PROCEDURE:
• All transactions will be accounted for by a point of sale and inventory system.
• All cash will be secured in a locked safe with a fire rating of three hours or greater.
• Délivery drivers will carry only a minimal amount of cash and product at one time. Cars will be equipped with GPS, delivery clients must register in person prior to any deliveries made. • Any money or inventory removed from the building will be done in a very discreet manner.

H) TRANSPORTATION - DELIVERY PLAN:
• Delivery will be made to and from Tip-Top using a roll-up door in the back of the building in a secured room out of sight to the public.
• The cannabis will be secured in the distribution room inside locked safes and cabinets awaiting testing for packaging and sale. • All delivery vehicles will be equipped with GPS and lock boxes bolted to the frame.
• Delivery drivers will have proper background checks, insurance and a valid CA driver license.
• Each driver will only carry a minimal amount of cash and cannabis for deliveries.
• All customers/patients must apply in person with all proper documentation before any products will be delivered to them. • All adult use customers must provide a valid CA ID and be a minimum of 21 years of age
• Any medical patients must provide a valid recommendation from a licensed physician.

I) SECURITY PLAN:
• The building will be equipped with cameras inside and out that can be accessed by local and state agencies 24/7.
• The camera footage will record and store video in accordance with state regulations.
• Cameras will be installed outside covering the front, sides, rear of building and parking lot.
• The building will have various motion sensors, and panic buttons installed to alert proper authorities.
• The proposed site will have two security guards on duty. One inside, and one outside.
• Security company should work with Gustine police department to develop proper security procedures to insure the safety of the public, and employees.
• An alarm system will be installed to protect from burglary day and night.
• The alarm system will backup batteries and or generator to provide electrical power in case of power outages.

J) ODOR CONTROL PLAN:
• Being a good neighbor and aware that cannabis products can create undesired odor, Tip Top intends on mitigating to prevent any nuisance to the surrounding community. Tip Top has selected odor control equipment and ventilation systems that will ensure that all cannabis inside the cultivation facility has no detectable odor from the exterior of the building.

Active Carbon Filters:
• Carbon filtration is a type of filtration activated carbon is used to remove contaminants, impurities, and odors through the process of chemical adsorption. As odor producing gases come in contact with the activated carbon in the filter, they are adsorbed, trapped and held in 179 millions of microscopic carbon pores. Impurities and odors will be greatly reduced, as all exhaust air will pass through the active carbon filters prior to discharge from the building and into the atmosphere. Tip Top will install active carbon filters at all air exhaust points from the cultivation facility, ensuring that cannabis odor particles in the air leaving the facility will be trapped. Active carbon filters were selected because of their improved ability over particulate filters, such as HEPA, to remove extremely small particulates like vapors and gases and because they are well-known to be useful to safely removing odors. Active carbon filters stop working as soon as all of the potential bonding sites are filled, so periodic replacement of the filters will be critical. A cultivation agent will be responsible for replacing the carbon filters as directed by the manufactures.

K) ECONOMIC BENEFITS TO THE CITY OF GUSTINE:
• Tip Top Farms will enter in an economic development agreement with the City of Gustine. Which will include new taxes and fees to be determined in conjunction with the city. We at Tip Top Farms know it will be profitable for the city of Gustine.

L) ADDITIONAL INITATIVES:
• Tip Top would like to donate to parks and recreation to help provide a safe clean environment for the community.
• Donations to the youth anti-drug program if one is available or work with the city officials to start a program.
• And also work alongside city officials to help with any community programs

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RESOLUTION 2022-074

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GUSTINE

RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE APPROVING AN

AMENDED DEVELOPMENT AGREEMENT BETWEEN TIP TOP FARMS AND THE CITY OF GUSTINE WHEREAS, on September 3, 2019, the City Council for City of Gustine approved an Operating Agreement with Tip Top Farms, LLC for a commercial cannabis business located at 377 4th Street in Gustine; and
WHEREAS on September 17, 2019, the City Council approved a Development Agreement with Tip Top Farms in accordance with Gustine Zoning and Subdivision Code Chapter 4-56; and
WHEREAS, in light of the upcoming expiration of the DA and Operating Agreement and changed circumstances regarding the business's financials, the applicant has filed for amendments to and extensions of the DA and Operating Agreement for Tip Top Farms; and
WHEREAS, on July 27, 2022 the Planning Commission held a duly noticed public hearing and reviewed the proposed amendments to the Development Agreement regarding the existing commercial cannabis facility located at 377 4th Street, Gustine, CA 95322 (Applicant: Tip Top Farms, LLC); and
WHEREAS, the proposed amendments to the Development Agreement for Tip Top Farms are limited in scope (extending the term and making other minor clarifying revisions), are in conformance with the goals, policies, and objectives of the General Plan, are consistent with State law and City requirements, and will help realize positive growth and development of the City to the benefit of City residents; and WHEREAS, the Planning Commission concurs with the findings outlined in the staff report and as set forth in the proposed amended Development Agreement attached hereto and incorporated by this reference; and
WHEREAS, this Resolution shall act as the Planning Commission's written recommendation of approval regarding the proposed amendments to the Development Agreement; and
WHEREAS, before making any findings or any consideration of the proposal on its merits, the Planning Commission held a public hearing and considered all of the record before it, including any public testimony; and
WHEREAS, the City Clerk caused the legal advertisement to be published as is required by law at least ten (10) days prior to the Planning Commission hearing date.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Gustine:

Section 1. This Commission finds that the facts recited above are true and incorporated herein by reference, and that this Commission has jurisdiction to consider the subject of this Resolution; and
28859.00023140397259.1
Section 2. Pursuant to section 26055(h) of the Business and Professions Code, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity.

The amendments to the Development Agreement are further determined to be exempt from the provisions of CEQA under Class 1, Section 15301 (Existing Facilities) of the CEQA Guidelines. This project qualifies for this exemption because it consists of the continued operation of a cannabis business within an existing building. The building is not being expanded and all uses will be conducted within the existing building; therefore, the project will not result in an expansion of the existing or former use of the building and is exempt from CEQA; and
Section 3. The proposed amendments to the Development Agreement are consistent with the General Plan, as set forth in the proposed Ordinance approving the same; and
Section 4. The proposed amendments to the Development Agreement will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
Section 5. The City Clerk caused the legal advertisement to be published as is required by law ten (10) days prior to the Planning Commission hearing date.

ACCORDINGLY, the foregoing resolution was adopted to recommend that the City Council approve an Ordinance approving an amended Development Agreement between Tip Top Farms LLC and the City, to extend the term of the Development Agreement and make other minor clarifying revisions.

THE FOREGOING RESOLUTION of the Planning Commission of the City of Gustine was passed by the Planning Commission at a regular meeting held on the 27ih day of July, 2022, the resolution was adopted by the following vote:

AYES: Lackey, Gomes, Giles, Gandy
NOES: None
ABSTAIN: Marsigli
ABSENT: None
mamas
City Clerk Planning Commission Chair
28859.00023\40397259.1
ITEM NO. 11

COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Jesus Chavez, Public Works Director
SUBJECT: Approve Resolution Accepting Completion of the West Ave Hydrant Repair Project, Authorizing the Deputy City Clerk to file a Notice of Completion with Merced County

BACKGROUND/DISCUSSION
The City of Gustine solicited bids in February, using an informal bid process pursuant to the California Public Contract Code Section 22034 and the City of Gustine Municipal Code. R.L. Friend Construction submitted the lowest responsive and responsible bid and on March 15, 2022 was awarded a contract for $28,171.

The project's construction phase started on June 13, 2021 and the major work consisted of replacing a faulty hydrant located on West Ave, and included excavation and backfill for pipeline modification and hydrant replacement; removal and replacement of TEE line to accommodate new hydrant location, and new shut off valve. The final component of the project consisted of removal and seal-off of existing hydrant, and 6" line inside adjacent storm drain.

A final inspection was performed and the work was found to be acceptable to the City of Gustine, while an issue was encountered during the project relating to noise outside of the City's established quiet period, the work was done in a satisfactory manner.

Therefore, the work should be accepted as complete and a Notice of Completion filed.

FISCAL IMPACT
The final construction contract cost inclusive of all authorized work was $28,171.00. As stated in the awarding staff report for this item, funding came from the water fund.

RECOMMENDATION

1. Accept the work as complete.

2. Authorize the Deputy City Clerk to record a Notice of Completion with Merced County.

EXHIBITS:

A) Resolution
B) Notice of Completion
APPROVED BY:

Brad Kilger, Interim City Manager
RESOLUTION 2022-XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ACCEPTING WEST AVE

HYDRANT REPLACEMENT PROJECT AS COMPLETE, AND AUTHORIZING THE DEPUTY CITY

CLERK TO RECORD A NOTICE OF COMPLETION WITH MERCED COUNTY WHEREAS, the City requested informal bids for the West Ave Hydrant Replacement Project pursuant to the California Public Contract Code Section 22034 and the City of Gustine Municipal Code in February 2022; and WHEREAS, the City received two (2) informal bids, with the third contractor being unresponsive; and
WHEREAS, the City Council awarded a contract to R.L. Friend Construction in the amount of $28,171.00, on March 15, 2022; and
WHEREAS, a final inspection of the project has been completed and it is recommended to accept the project as complete; and
WHEREAS, upon approval of the final acceptance of the Project by the City Council, the Deputy City Clerk will record a Notice of Completion with Merced County.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:

Section 1. Adopts a Resolution accepting the West Ave Hydrant Replacement project as complete.

Section 2. Authorizes the Deputy City Clerk to record a Notice of Completion with Merced County.

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 6th day of September, 2022, the resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

ATTEST:

Patrick Nagy, Mayor
City of Gustine
Melanie Correa, Deputy City Clerk
City of Gustine
RECORDING REQUESTED BY:

City Clerk
City of Gustine
WHEN RECORDED RETURN TO:

City of Gustine
P.O. Box #16
352 Fifth Street
Gustine, CA 95322

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO. CITY STATE
Cily of Custine han one ov 32 rich sure sad, the name an uris of each must be inseral 352 Fifth Street

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 26' day of June, 2022 a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any for such work of improvement was:

R.L. Friend Construction
(If no contractor for work of improvement as a whole, insert "No Contractor") That the real property herein referred to is situated in the City of Gustine, County of Merced, State of California, and is described as follows:

Work consisted of replacing a faulty hydrant located on West Ave, and included excavation and backfill for pipeline modification and hydrant replacement; removal and replacement of TEE line to accommodate new hydrant location, and new shut off valve. The final component of the project consisted of removal and seal-off of existing hydrant, and 6" line inside adjacent storm drain.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

September 6, 2022 By:

Date Signature of Owner
Brad Kilger
Print Name

VERIFICATION
I understand, state:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. xecuted at Gustine, Californi: City of Gustine
'his 6th day of September. 202; Owner
By:

Brad Kilger, Interim City Manager
ITEM NO. 12
1915 COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Ruben Chavez, Chief of Police
SUBJECT: Council Approve Resolution Superseding Resolution 2022-2633, and Authorizing Acceptance of State Homeland Security Grant Program Funding in the Amount of $70,000 for the purchase of Police Radios

BACKGROUND/DISCUSSION
This item was original approved by Council on July 19, 2022, accepting a State Homeland Security Program Grant, allowing for the purchase of nine (9) Motorola radios. After that meeting, staff discovered that Kenwood manufactures a very similar product at significantly lower rate, allowing the purchase twenty-one (21) radios utilizing the same amount of grant funding.

The Gustine Police Department relies on portable radios in the field to communicate with dispatch during critical and routine calls for service. It is imperative the offices are equipped with the best equipment to ensure transmissions are received clearly and service is not interrupted.

The current inventory of departmental portable radios consists of approximately 12 Kenwood (newest) and Motorola (older) radios. All of the fulltime are assigned a radio and the Reserve Officers are required to share the remaining radios. During large events, we run short on radios and must pair up officers to share one radio.

The Merced County of Emergency Services manages various state grant programs, one of which is the State Homeland Security Grant Program (SHSGP) to fund grants for specific front line first responder projects. Funding is allocated by fiscal year and the amount is known prior to allow the allocation of funding for projects which must be approved by the board and State. The Gustine Police Department has applied for a grant in the amount of $70,000 to purchase new state of the art portable radios. The department received a sole source quote for twenty-one (21) Kenwood VP8000 Radios in the amount of $71,212.23. The department operating budget would cover the balance of $1,212.23. The grant was approved and the purchase process must be completed by May 31, 2023.

The new radios would be assigned to all fulltime and reserve police officers. This will allow each officer to be issued their own radio. The older radios may be issued to volunteers and police explorers during large events.

FISCAL IMPACT
The total amount to purchase the equipment would be required by the City and would be reimbursed after following the OES grant reimbursement procedures. The balance of $1,212.23 would be the minimal impact the department operating budget.

It is anticipated the product will be listed under the National Association of Procurement Officials (NASPO) listing and be eligible to be purchased at a reduced rate. If this occurs, the vendor will provide additional radios to meet the grant amount.

RECOMMENDATION
Staff recommends City Council to approve the resolution superseding the original acceptance resolution (2022-2633), and authorizing the City Manager to accept the grant in the amount of $70,000 and allow the department to use allocated budget funding in the amount of $1,212.23 for the balance of the purchase.

EXHIBIT(S)
A) Resolution to Allow City Manager to Accept SHSGP Grant B) Kenwood Quote for twenty-one (21) Portable VP8000 radios C) Information on VP8000 radios
D) Original resolution 2022-2633 (to be superseded)
APPROVED BY:

Brad Kilger, interim City Manager
RESOLUTION 2022-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE SUPERSEDING RESOLUTION 2022-2633 AND ACCEPTING THE STATE HOMELAND SECURITY GRANT PROGRAM GRANT IN THE AMOUNT OF $70,000.

WHEREAS, the Gustine Police Department provides public safety for City of Gustine; and
WHEREAS, the Department must be equipped with the reliable portable radio equipment to perform their duties: and
WHEREAS, the State of California through the State Homeland Security Grant Program (SHSGP) provides funding opportunities for specific projects: and WHEREAS, the Department applied for and was approved for a grant in the amount of $70,000 to purchase twenty-one (21) Kenwood AP8000 Radios: and WHEREAS, the Department would pay the remaining balance in the amount of $1,212.23
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:

Section 1. Now therefore, be it resolved that the City Council of the City of Gustine does hereby adopt this resolution, which supersedes Gustine City Council resolution 2022-2633, and approves the City Manager to accept the SHSGP grant in the amount of $70,000.

Section 2. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

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 6th day of September, 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
Silke Communications, Inc. SILKE
1525 14th St. Suite A
Merced CA 95340 COMMUNICATIONS
From Towers to Talk.

Customer Name
Prepared For: Gustine Police Department Date: 9/1/2022
Contact: Chief Ruben Chavez Acct #
Address: 682 Third Ave. PO#
City/State/Zip: Gustine CA 95322
Phone: 209-854-3737
Item Qty Description Unit Cost Extended
1 21 Kenwood Viking VP8000 Portable Radio, 7/800 MHz, 1024 Ch., 2600 mAh Liion Battery, $2,995.00 $62,895.00 WiFi, Blutooth, Factory Avtivation of Radio Option Licenses. 3 Year Factory Warranty. $0.00 Includes: Noise Canceling Mil Spec Remote Speaker Microphone. $0.00 2 21 KSC-32 Single Unit Rapid Charger. $85.00 $1,785.00 3 21 New Radio Programming, Testing and Prep. (non tax) $50.00 $1,050.00 $0.00
The Viking VP8000 has not been added to the NASPO or HGAC contract as of yet, as it is a $0.00 new radio model and is working through the contract process. However, the Kenwood Viking $0.00 VP8000 will be offered at NASPO and or HGAC contract pricing prior to 12-2022 shipping date. $0.00 NASPO and or HGAC contract pricing will be honored for all orders. $0.00 $0.00
$0.00
Equipment & Labor Total $65,730.00
Note: The quoted labor rate is only for work performed during regular business hours Shipping / Handling $ 135.00 Monday - Friday 8:00 AM to 5:00PM Overtime rates are higher Subtotal s 65,865.00

8.25% Sales Tax $ 5,347.23
Grand Total $ 71,212.23
Customer is responsible for all applicable sales tax and/or incurred shipping charges. It is the sole responsibility of the customer to have a valid FCC license for all two-way radio equipment. CUSTOMER IS RESPONSIBLE FOR ALL FCC AND FREQUENCY COORDINATION FEES.ALL ORDERS ARE SUBJECT TO A 25% RESTOCKING FEE IF CANCELED OR RETURNED. The information in this quotation is PROPRIETARY & CONFIDENTIAL for use by Silke Comm. Inc and the Client referred to within. > Estimate Valid for 30 Days <
Sales Rep: Mike Wilson Payment Terms: Net 30
Cell Phone: 209-484-3670 Restock Fee: 20%
Email: [email protected] Estimate Valid for: 30 days Authorized By: Date:

New Product Preliminery Information

KENWOOD
VIKING
P25 Mission Critical
VP8000
Multi-Band • Multi Protocol
Mission Critical Portable Radio
The KENWOOD Viking 8000 series Multi-Band, Multi-Protocol portable is specifically designed for today's public safety agencies with advanced features KENVOOD KENNOX and ergonomics to meet the first responder's mission critical operational needs.

Features
Multi-Band operation (VHF, UHF, 700/800 MH2)
Multi-Protocol
• P25 Phase 1 & 2 Trunking
• P25 Conventional
• Viking16 (SmartNet/SmartZone" Compatible)
• FM Analog
Mixed protocol zones (each channel in a zone can be from a different system)
1024 channels (2048 & 4096 options)
User Selectable Color Themes
Pargie sategy neg noris: thre grip for control large glove friendly knobs, Large full-color top LCD Multi-line text on both front and top displays Y-aDE 14:03 (g 3-Watt audio maximum output for high noise environments SHQ COS Top flip display changes text orientation for VIKING
Voice annunciation & custom announcement creation
viewing while in holster
VP8O00
Fully ruggedized - IP67/68 & MIL-STD-810 C/D/E/F/G/H
Multiple visual indicators including battery SCAN 1/ GPS Full key models (with numeric keypad) health & signal strength Day - High Contrast Built-in GPS receiver/antenna for enhanced awareness Day & night user selectable display options (8 themes available) LATE 14:03 L
MDC-1200 & GE-Star signaling
P25 Authentication VIKING
VP8000
Bluetooth® / Bluetoolh Low Energy

SCAN GPS
Wi-Fi° 24 & 5 GHz (802.1ia/b/g/n/ac) Sight -High Conirast Man Down
Accessories
Instant Recording Replay (IRR) and Voice Recording
Complete line of accessories including microphones, speakers & antennas.

Text Messaging Download the accessory catalog here:

Radio Cloning https://info.efjohnson.com/viking-accessory-catalog/ FIRESafe" Fire Ground Commander and First Responder
Encryption
• ARC4™ software encryption; compatible with Motorola ADP™ • P25/TIA defined: AES-256
• DES-OF8
• Over-the-Air-Rekeying (OTAA)
We combine P25 design expertise with recognized quality & reliability along with advanced lechnology to make KENWOOD Viking radios simple to use & maintain ((1001))
Peroclual Software Licensing Armada Fleet Managemeni TrueVoice" Noise Cancellation Adds greater value to your radios by extending helile of Update radios ma group rather han one al a time One lemplate the software no your next herdware platio - you own Software based noise cancellation automalically programs bolt portables & mobiles Supports cine direct fillers cutnoise source frequencies and elirinales the seware option lorever, and your heenses are sirele compuler correction or Over-the-Air Programming (OTAP! Elite the need for extra configuration Works in anakig or
to manage with our cud-based loc- Vaull". ballery management enables wireless racking of palery ileet. dgital mode and wilt any accessory.

VP8000 Portable Specifications
General VHE JHF 200/200 MH2
Frequency Ranges 136-174 MHz 380-520 MHz RX: 763-776, 851-870 MHz TX: 763-776, 793-806, 806-625, 851-870 MHz
Channal Analog 12.5/15/20/25/302 kHz 12.5/252 kHz 12.5/25 kHz Spacing Digital 12.5 kHz

12.5 kHz 12.5 kHz
Frequency Stability t1,0 ppm ₺1.0 ppm ₺1.0 ppm
-22 °F to +140 °F (-30 °C to +60 °C)
[+77 °F Reference (+25 °C)]
Maximum Channels or Talkgroups 1024(2048 and 4096 options) Number of Zones
Maximum Channels Per Zone 255
Power Supply 7.5 V DC +20%
Operating Temperature -22 °F to +140 °F (-30 °C to +60 °C) Case Reinforced polycarbonale plastic - black or high visibilily (additional lee) Dimensions
W(Top/Bot- KNB-L2 (2,600 mAh) 3.04/2.28 × 5.91 x 1.73 in. (77.3/58.0 × 150.0 x 44.0 mm) lom) x Hx D
Projections
not included KNB-L3 (3,400 mAh) 3.04/2.28 × 5.91 x 1.94 in. (77.3/58,0 × 150.0 × 49.4 mm) Weight with KNB-L2 (2,600 mAh) 18.7 oz (530.0 g)
Battery KNB-L3 (3,400 mAh) 20.2 oz (574,0 g)
Receiver VHF TURE 700/E00 Met
P25 Digital (5% BER) -122d8m(0,178uV) -121 dBm (0.199 ;.V) -120 dBm (0,224 uV) Sensitivity
NAD 23 KH -122 dBm (0.178 (V) • 121 dEm (0.199 ;.V) -120 dBm (0.224 uV) P25 Digital 62 dB
Selectivity Analog @ 12.5 kHz 75 dB 71 dB 65 dB
Analag @ 25 kHz 78 dB 75 dB 70 dB
Intermodulation 77 de 75 dB
Spurious Rejection 80 de 75 dB
Audio Distortion 1.25% (Analog)
Audio Output Power Nominal 1.5 W [P25 Digital < 1% Distortion), Maximum 3 W Transmitter VHF "UHF 700/800 MH:

AF Output Power IW/8W 1W/5W 1W/3W
Spurious Emission 77 dB 76 dB 75 dB
FM Hum & Analog @ 12.5 kHz 51dB 45 d8 42 dB
Noise
Analog @ 25 kHz 57 dB 51 d8 48 dB
Audio Distortion 1%
Emission Designator 18KOF3E, 14KOF3E,IIKOF3E, 8K10F1E, BKI0F1D, 8K10F1W
MIL Standard 910H Encryption Optians Hazardous Location Standard (Pending) Low Pressure 500.6/1, 1I Certification Lab CSA Group
pporte AES, DES OFB
High Temperature 501.7/ (м cryptic Standard Applied
NSI/TIA 4950-A-2014, UL913 5th Edition
Low Temperature 502.771,1 NSI/ISA-12.12.01-20
Radiation Keyl Classification Rating ntrinsically Safe: Classes I' I, I Temp. Shock 503.7/1 ivision 1, Groups C, D, E, F,
Solar Radiation 505.7/1 Non-incendive: Class i, Division 2, Groups A, B, P25 CAI 360 MSEC
Rain 506.6/1, 1I
Encryption Keying External Key Loader, OTAR Approved Battery KNB-LS7 Humidity 507.6/ I|
Mode OFB-Output Feedback Approved Speake KMC-70M, KMC-70GR, KMC-72W Salt Fog 509.7 Microphone:

Encryption Type Digitat
Dust 510.7/1 International Protection Standard
Key Erasure Keyboard Command
Vibration 514.8/1
Dust & Water IP54, IP55
Immersion 512.6/1 Standards FIPS 140-3 (Pending)
Immersion IP67, IP68*
Shock 516.81, IVAVI
' DMR - future release
‹ 25 and 30 kHz are not included in the models sold in the USA or US territories. " Division 1 US Group C is applicable for radio only or combination of radio and Speaker Microphone only. If radio is in combination with other accessories, Group D is applicable.
+ IPS8 = 2m/2 hours EF Johnson Technologies, Inc.

This document contains preliminary information which may include features still under development. There may be charges to the specifications & JVCKENWOOD Company and features prior to the release. V.06.04.22 ® Copyright 2022 EF Johnson Technologies, Inc. (E.F. Johnson Company is operating entity) Wi-Fi is a registered trademark of the Wi-Fi Alliance. Bluctooth is a registered trademark of Bluetooth SIG, Inc. All other trademarks are the property of their respective holders.

RESOLUTION 2022-2633

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE TO ACCEPT THE STATE HOMELAND SECURITY GRANT PROGRAM GRANT IN THE AMOUNT OF $70,000.

WHEREAS, the Gustine Police Department provides public safety for City of Gustine; and
WHEREAS, the Department must be equipped with the reliable portable radio equipment to perform their duties: and
WHEREAS, the State of California through the State Homeland Security Grant Program (SHSGP) provides funding opportunities for specific projects: and WHEREAS, the Department applied for SHSGP funds and was approved for a grant in the amount of $70,000 to purchase nine (9) Motorola AXP8000 Radios NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:

Section 1. The City Council of the City of Gustine does hereby adopt this resolution approving the Interim City Manager to execute and accept the SHSGP grant in the amount of $70,000.

Section 2. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

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 19th day of July, 2022, the resolution was adopted by the following vote:

AYES: Brazil, Ford, Alexander, Nagy
NOES: None
ABSTAIN: None
ABSENT: Bonta
APPROVED:
atel Dee
'atrick Nagy, Mayo
City of Gustine
ATTEST:

Melanie Correa, Deputy City Clerk
City of Gustine
CITY ITEM NO. 13

GUST CALIFORNIA

COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Brad Kilger, Interim City Manager
SUBJECT: Council Approval of Revised Gustine Employee Salary Schedule

BACKGROUND/DISCUSSION
With Council's recent approval of the Gustine Clerks Association and Gustine Police Officers Association Memorandum of Understanding amendments for fiscal year 2022- 2023, the need to update the City's employee salary schedule is necessary. The updated schedule (Exhibit A) includes updates to the annual base salaries of the classifications included within both bargaining groups to incorporate negotiated cost of living adjustments.

The updated schedule also includes adjustments in the annual base salaries of the Economic and Community Development Director and the Public Works Supervisor. It came to the attention of the Interim City Manager that the employment agreements of these two employees were set to expire on June 30, 2022. Because the Interim City Manager had only recently assumed his position, he entered into a three-month extension with each employee to September 30, 2022 to permit time to evaluate the performance of each employee and become familiar with their job duties, as well as, the framework of staff employment agreements in Gustine.

After reviewing the performance of both employees and taking into consideration job duties and the relative salaries of other management/professional staff, the Interim City Manager is requesting the City Council adjust the current salary schedule as follows: 1) a 15% increase in the Economic & Community Development Director's annual base salary to achieve parity with the other Director's salaries and 2) a 10% increase in the Public Works Supervisors base annual base salary consistent with recent salary adjustments approved for two of the City's three represented employee groups.

Approval of this item by City Council formalizes the salary schedules for use and reference by the California Public Employee Retirement System.

FISCAL IMPACT
The increases for the Police Officer and City Clerks associations were included in the FY 2022-23 Budget approved by the City Council. The cost of the Management/Employee agreements is $17,146 for FY 22-23 and will be apportioned to the appropriate City funds.

RECOMMENDATION
Council review and approve the attached salary schedule for all employees of the City of Gustine

EXHIBIT(S)
A) Annual Salary Schedule
APPROVED BY:

Brad Kilger, Interim City Manager

CITY OF GUSTINE

ANNUAL SALARY SCHEDULE
Effective July 1, 2022
Annual Amounts

A D E F
Account Clerk $41,646 $43,728 $45,915 $48,211 $50,621 $53,152 Administrative Assistant $43,918 $46,113 $48,419 $50,840 $53,382 $56,051 Administrative Services Director $85,000* N/A N/A N/A N/A $90,177* City Manager $144,348* N/A N/A N/A N/A $156,249*
Community Services Officer $42,237 $44,349 $46,566 $48,894 $51,339 $53,906 Custodian $37,302 $39,167 $41,125 $43,182 $45,341 N/A
Economic/Community Development Director $82,000 N/A N/A N/A N/A $86,994* Finance Director $88,000* N/A N/A N/A N/A $99,564*
Maintenance Worker $37,320 $39,186 $41,145 $43,203 $45,363 N/A Police Chief $103,000* N/A N/A N/A N/A $111,491*
Police Lieutenant $80,000* N/A N/A N/A N/A $92,742*
Police Officer $57,109 $59,964 $62,962 $66,110 $69,416 N/A Public Works Director $82,000 N/A N/A N/A N/A $88,305*
Public Works Supervisor $64,230* N/A N/A N/A N/A N/A
Records Clerk $46,804 $49,144 $51,601 $54,181 $56,890 $59,735 Recreation Manager $47,928* N/A N/A N/A N/A $51,834*
Wastewater Operator $44,125* N/A N/A N/A N/A $48,216*
Water Distribution Operator $39,482 $41,456 $43,529 $45,705 $47,991 N/A Youth Services Program Coordinator $40,000 $41,200 $42,436 $43,709 $45,020 $46,371 * Based on employment agreement.

ITEM NO. 14

COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Melanie Correa, Administrative Services Director SUBJECT: Authorize Interim City Manager to Enter into Contract with Municipal Resource Group for Accounting Services

BACKGROUND/DISCUSSION
With the vacancy created by the resignation of the City's former Finance Director, an immediate need for financial project management became apparent to assist the Administrative Services Director who was appointed by the Interim City Manager to serve as Acting Finance Director. Through his professional contacts, the Interim City Manager contacted Bill Zenoni, a seasoned financial project manager with extensive governmental finance experience, to assist the Acting Finance Director with high-level financial policy review, compliance projects, and grant tracking while the recruitment process is being conducted.

Mr. Zenoni is available as a consultant through Municipal Resource Group (MRG). MRG provides cities, counties, and government agencies across the State with professional services in financial management, human resources, leadership, public works and other facets.

Through authority granted in Gustine Municipal Code section 2-6-33(12), the Interim City Manager engaged the services of Mr. Zenoni through MRG on July 1, 2022, in an initial contract not to exceed $10,000. This initial contract amount has now been expended, which is why staff is requesting Council's authorization to enter into contract with MRG to continue financial project management services, as the recruitment process for Finance Director continues.

The proposed contract approves an amount not to exceed $26,000. The agreement may be terminated by either party with a 10-day notice. When the Finance Director position is filled, the intent would be to terminate this contract, as services in this capacity will no longer be necessary.

FISCAL IMPACT
If the full amount of this contract is utilized, fiscal impact would be $36,000. Funding would be appropriated from the salary savings from the Finance Director salary account allocations.

RECOMMENDATION
Authorize Interim City Manager to execute a contract with Municipal Resource Group for financial project management services.

EXHIBIT(S)
A) Professional Services Agreement
APPROVED BY:

Brad Kilger, Interim City Manager

CITY OF GUSTINE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of September 6, 2022 by and between the City of Gustine, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 352 Fifth Street, Gustine, California ("City"), and Municipal Resource Group LLC, a California limited liability company with its principal place of business at P.O. Box 561, Wilton, CA 95693 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS
services for therlowing ubie agency of the State of California and is in need of professional Short-Term Financial Project Management (hereinafter referred to as "the Project").

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A
Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $26,000 without the prior written approval of the City.

This amount is to cover all services, travel and printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or 28859.00009\29330794.1
the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed") Consultant shall complete the services required hereunder by December 31, 2022.. The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.

Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.

Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. maintaining all rei reduced su ant shalt ay is ral, state and recal ediator gainies.

C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
2 28859.00009\29330794.1
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and sub consultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
3 28859.00009\29330794.1
The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.

Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

C. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must 28859.00009\29330794.1
specifically include work performed under this Agreement. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(i) Defense costs shall be payable in addition to the limits.

Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
consultant shall provide the City at least thirty (30) days prio vritten notice of cancellation of any policy required by this Agreement, except that the Consultan shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.

The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any 28859.00009\29330794.1
insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.

All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

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 admitted to transact in the business of insurance 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.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
6 28859.00009\29330794.1
The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.

Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City, indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongfu death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Additional Indemnity Obligations. Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for as an rots, racinging. the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers. 7 28859.00009\29330794.1

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all contractors and subcontractors.
b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.

16. Termination or Abandonment
City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be 8 28859.00009\29330794.1
entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.

Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantia ailure by City to perform in accordance with the terms of this Agreement through no fault o Consultant.

Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

18. Organization
Consultant shall assign Bill Zenoni as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY: CONSULTANT:

City of Gustine Municipal Resource Group LLC
352 Fifth Street PO Box 561
Gustine, CA 95322 Wilton, CA 95693
Attn: Brad Kilger, Interim City Manager Attn: Mary Egan, Managing Partner and shall be effective upon receipt thereof.

21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color national origin, ancestry, sex, age or other interests protected by the State or Federa Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to 9 28859.00009\29330794.1
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

27. Time of Essence
Time is of the essence for each and every provision of this Agreement.

28. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
10 28859.00009\29330794.1

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GUSTINE

AND MUNICIPAL RESOURCE GROUP LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF GUSTINE MUNICIPAL RESOURCE GROUP
By: By:

Brad Kilger Mary Egan
Interim City Manager Managing Partner
ATTEST:

By:

City Clerk
11 28859.00009\29330794.1

EXHIBIT A
Scope of Services
The City of Gustine has requested Financial Advisory and Consulting services to assist the City with a high-level review of policy and compliance projects and grant tracking including the • Assist with the development and implementation of an expenditure and compliance tracking program for the American Rescue Plan Act Project; Review current financial policies and procedures and develop recommendations for potential improved operating efficiency;
Review and comment on current budgeting and financial reporting practices and identify possible areas for improvement;
• Review grant and other outside funding reporting requirements and develop recommendations to ensure City is in compliance with program expenditure and reporting requirements;
• Review and provide guidance on year-end financial reporting practices; and • Provide other services as requested.
12 28859.00009\29330794.1

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

Consultant will only invoice for hours incurred on project services at $200 per hour up to 120 lours Reimbursable expenses may include but are not limited to mileage reimbursement at th urrent IRS rate (62.5 cents per mile for 2022) per mile, postage, document production cost parking, and travel as needed. All costs and expenses will be charged at MRG's cost.

Additional work not included in this proposal will be billed at $200 per hour and will begin only after agreed upon between the City and Consultant.
13 28859.00009\29330794.1
SALE I CALIFORN ITEM NO. 15

COUNCIL AGENDA ITEM
SEPTEMBER 6, 2022
PREPARED BY: Mike Brinkman, Building Official
SUBJECT: Waive the First Reading of an Ordinance regarding the California Code of Regulations Title 24, 2022 Edition of the California Buildings Standards Code
BACKGROUND/DISCUSSION:

The model codes are updated every three years. This allows for the codes to improve and adjust to the newest materials, methods of construction and technological advances in the industry.

The California Building Standards Commission adoption of the 2022 code comes after a comprehensive multi-state agency and stakeholder update of the 2019 building codes.

The objective is to produce a practical building code that ensures public safety first and foremost while implementing the most efficient technology available to conserve the state's natural resources and energy use. California's building code is applied to virtually every commercial and residential structure in the state.

The new 2022 California Building Standards Code contains thirteen parts that incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. These parts incorporate the latest national standards in the International Building, Residential and Fire Codes, California Green Building Code, California Energy Code, National Electrical Code, and the Uniform Mechanical and Plumbing Codes. Along with the usual Energy and Green code updates, below are a few noteworthy updates:
• Permit expiration has been extended from 6-months to 12-months. Every permit shall remain valid if the work on the site is commenced within 12-months after its issuance.
• Aging-in-place design and fall prevention has been added for new residential construction. Added to address specific design elements to facilitate access to operational features and to allow people to stay longer in their homes as they age.
• Expanding Electric Vehicle Charging requirements to install EV charging receptacles and chargers to new multifamily dwellings, hotels, and motels.

Health and Safety Code Section 18941.5 mandates that the Building Standards contained in the 2022 California Building Standards Code shall be effective 180 days after publication by the California Building Standards Commission. If these codes are not adopted by ordinance, they become effective by default without any amendments.

The proposed effective date for the City of Gustine will be January 1, 2023. As part of the adoption process the department has made every effort to notify all affected parties of the proposed changes.

FISCAL IMPACT
None

RECOMENDATION
It is recommended that the City Council hold a public hearing and waive the first reading of an ordinance amending Title Four, Chapter Four, Article 2, Section 31 to the City of Gustine Municipal Code, and adopting by reference, The California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code.

EXHIBIT(S)
A) Proposed Ordinance
B) Attachment "A" the amended version of Gustine Municipal Code Title Four, Chapter Four, Article 2, Section 31.

APPROVED BY:

Brad Kilger, Interim City Manager
ORDINANCE NO. _

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUSTINE, AMENDING TITLE 4 LAND DEVELOPMENT, CHAPTER 4 BUILDINGS AND BUILDING REGULATIONS, ARTICLE 2 TECHNICAL CODES OF THE CITY OF

GUSTINE MUNICIPAL CODE, AND ADOPTING BY REFERENCE, THE
CALIFORNIA CODE OF REGULATIONS TITLE 24, 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE INCLUDING THE FOLLOWING PARTS:
• Part 1 - California Administrative Code
Part 2 - California Building Code
Part 2.5 - California Residential Code
• Part 3 - California Electrical Code
• Part 4 - California Mechanical Code
• Part 5 - California Plumbing Code
• Part 6 - California Energy Code
• Part 8 - California Historical Code
• Part 9 - California Fire Code
• Part 10 - California Existing Building Code
• Part 11 - California Green Code
• Part 12 - California Reference Standards Code
And amending those portions of the California Code of Regulations Title 24 as identified herein:

The City Council of the City of Gustine does ordain as follows:

Section 1: That Title 4, Chapter 4, Article 2 of the City of Gustine Municipal Code be amended as stated in Attachment "A", attached hereto and made a part hereof by this reference.

Section 2: Necessity: The amendment is reasonably necessary because of the following local climatic, geological, or topographical conditions: The City of Gustine is within a seismic area, local soil conditions can be expansive, the City of Gustine can have hard water which is corrosive to ferrous and non-ferrous metals, and the ground water table is unusually high in many places; Section 3: Purpose and Authority: The purpose of this Ordinance is to adopt by reference the 2022 edition of the California Building Standards Code, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, & 12 of the California Code of Regulations, subject to the definitions, clarifications, and the amendments set forth in this Ordinance. The purpose of this Ordinance is also to provide minimum requirements and standards for the protection of the public safety, health, 1 property and welfare of the City of Gustine. This Ordinance is adopted under the authority of Government Code Subsection 50022.2 and Health and Safety Code Section 18941.5.

Section 4: Effective Date and Publication
This Ordinance shall take effect on January 1, 2023 after its adoption, published in summary format prior to adoption and within fifteen (15) days after its adoption in a newspaper of general circulation published and circulated in the City of Gustine.

PASSED AND ADOPTED by the City Council of the City of Gustine this _ - 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
2 TITLE 4 - LAND DEVELOPMENT
Chapter 4 - BUILDINGS AND BUILDING REGULATIONS
ARTICLE 1. IN GENERAL
ARTICLE 1. IN GENERAL
Sec. 4-4-1. Title.

This chapter shall be known as the Gustine Building Code, and may be cited as such, and will be referred to herein as "this code."
(Ord. No. 437, § 3, 11-20-2007)
Sec. 4-4-2. Application.

This code shall be the exclusive source of regulations for all new construction and any alterations, repairs, relocations, or reconstruction of any building or any portion thereof including any electrical, mechanical, gas, plumbing, or fire protection equipment installed on any property or used on or within any building. (Ord. No. 437, § 3, 11-20-2007)
Sec. 4-4-3. Conflicts with other laws, rules, etc.

In the event of any conflict between this Code and any law, rule or regulation of the state, that requirement which establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this code.
(Ord. No. 437, § 3, 11-20-2007)
Secs. 4-4-4-4-4-30. Reserved.

ARTICLE 2. TECHNICAL CODES'
Sec. 4-4-31. Adoption of International, Uniform, and National Codes.

The following publications are hereby adopted by reference and incorporated in this Code, except as expressly amended or superseded by the provisions of this chapter. (1) California Administrative Code, California Code of Regulations, 2019 2022 Edition of Title 24, Part 1, as approved and copyrighted by the International Code Council (ICC), 500 New Jersey Avenue, NW, 6th Floor Washington, D.C. 20001 and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833.
(2) California Building Code, 2019 2022 Edition, based on the 2018 2021 International Building Code as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24, Part 2, Vols. 1 and 2 of the 'State law reference(s) —California Building Standards Law, Health and Safety Code § 18901 et seq.

Gustine, California, Municipal Code Created: 2022-02-28 14:38:20 [EST] (Supp. No. 8)